AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... Read more »
answered on Mar 21, 2023
Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.
You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of... Read more »
2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ
answered on Mar 6, 2023
That is horrifying.
I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site... Read more »
Step mother emotionally abused my daughter for over 3 years, my daughter turned 18 on September 2022 and she moved out and went not contact with father and stepmother. Daughter is in therapy due to the mental abuse and suffers from depression, anxiety and panic attacks, daughter wants to report... Read more »
answered on Feb 22, 2023
She can go to the nearest superior courthouse and request the protective order. That will only be in effect for two years though.
As for reporting emotional abuse, she should contact the Department of Child Safety.
If you are looking to modify legal decision-making and parenting... Read more »
The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.
answered on Feb 22, 2023
Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP
My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... Read more »
answered on Feb 22, 2023
Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.
I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?
answered on Feb 22, 2023
Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... Read more »
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... Read more »
I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.
answered on Feb 13, 2023
You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in... Read more »
We are only dating but we are very much together and he is 100% involved. He will obviously be listed as the father on the birth certificate (I’m still pregnant) but I’m not sure what rights that gives him since we’re not married? If I choose to vaccinate our child against the wishes of my... Read more »
answered on Feb 13, 2023
Legally, in the short term, it's in your favor until he goes to Court to establish his custodial rights. At that point, his rights are equal to yours.
Legally, in the long term, and practically speaking, these are decisions you need to make together. You're better off making these... Read more »
Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... Read more »
answered on Feb 13, 2023
I am so sorry to hear what your children have been through.
That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... Read more »
I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.
answered on Jan 27, 2023
The Arizona Bar handles complaints about lawyers.
As for having their own firm, it really doesn't make a difference.
If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.
This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... Read more »
answered on Jan 21, 2023
I'm sorry that I didn't see this sooner. I hope your son is with you now.
If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.
If he is in Arizona,... Read more »
I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... Read more »
answered on Jan 21, 2023
If you want them prosecuted, you need to make a police report.
You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.
answered on Jan 21, 2023
You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.
We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... Read more »
answered on Jan 21, 2023
If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."
Be patient on child support. The... Read more »
I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .
answered on Jan 18, 2023
Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.
You can find a child support calculator online and see how the numbers play out. You should run two... Read more »
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »
answered on Jan 18, 2023
Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... Read more »
That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... Read more »
answered on Jan 17, 2023
The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... Read more »
The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... Read more »
answered on Dec 29, 2022
I'm not entirely sure what you are asking.
If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.
If you feel you were shortchanged because you didn't have an attorney,... Read more »
We have joint custody, even time split between the two of us, and my ex came to a place we were having dinner at and took my daughter from me and won't let me see her.
answered on Dec 29, 2022
No. Legal decision-making (aka custody) does not give him the right to dictate the schedule. If he wants the schedule changed, he needs to go to Court to change it.
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