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Arizona Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
answered on Jun 30, 2022

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

Of course. Your attorney will have some catching up to do but you are absolutely able to hire counsel (the judge will likely be happy about it).

I would not hesitate any longer, however.

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2 Answers | Asked in Family Law for Arizona on
Q: What do I have to do to change our parenting plan?

I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

You will need to file to modify the existing order. Depending on how much of an inconvenience your proposed meeting location is for your ex, the judge may not change the order. Since you were the party who moved, the judge may not feel your ex should have to share the burden unless you can show how... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »

Mike Branum
Mike Branum
answered on Jun 13, 2022

This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.

Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Question regaeding affidavit of financial information for child support case.

Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 22, 2022

Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Do two minors automatically become adults by law, if married at court with parental consent?

I’m 17 and my girlfriend is 16, we have parental consent for getting married, we are just wondering if we legally become Adults when married, also she is pregnant.

Mike Branum
Mike Branum
answered on May 17, 2022

No, two minors who are married with parental permission are not automatically emancipated. A minor over the age of 16 can petition the courts to be emancipated, but they must show that they are capable of living independently from their parents. Your girlfriend will be able to make healthcare... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I have sole legal decision making and sole legal custody of my child. Can I move out of state with my child?

I have sole legal decision making and sole legal custody of my daughter. The mother only has phone contact and no parenting time. We want to move out of state to be closer to family. Am I allowed to move out of state with my daughter without the other parents permission. Mother is MIA and has a... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 21, 2022

The overall answer to your question is the most common lawyer answer of all (and also the most disappointing lawyer answer): It depends.

It depends on what your Court order says about her rights:

LEGAL DECISION-MAKING

Sole legal decision-making does not include the right to...
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1 Answer | Asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona on
Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?

If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.

Kevin L Dixler
Kevin L Dixler
answered on Apr 8, 2022

In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.

Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who...
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1 Answer | Asked in Family Law for Arizona on
Q: My wife wants a divorce and I don't. Her family is here. We have 2 kids. Will I have to stay in AZ now?

I have the option to move back home to MA, and have the support of my very large family. I have a house to live in there, and good work We share a house here, but she has a boyfriend now so I don't want to be here.

Am I trapped in AZ now that she wants a divorce or am I allowed to... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 4, 2022

You can live wherever you want.

The issue is where the children will live. If you want to live near your children, you'll either need to stay in Arizona or get her to agree to let you take them with you to Massachusetts or get the Court to order that they move with you to...
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2 Answers | Asked in Family Law for Arizona on
Q: How do I go about seeing my kids if they are with their mother and the mother has a order of protection against me?

She has the kids all the time and nothing through the courts yet about custody or visitation.

Stephen M Vincent
Stephen M Vincent
answered on Mar 31, 2022

Your first step should be to consult with an attorney about the situation and have them review the Order of Protection with you. Likely (though we can't be sure until we read it), there's an exception to the order to allow to have time with your child.

The next step would be to...
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1 Answer | Asked in Family Law for Arizona on
Q: What do I need to file a civil suit for emotional and mental anguish?

I live with my daughter and g-kids and this would be against people who are causing great emotional and mental stress to not only my daughter and g-son but it is also affecting me in very negative ways. I think I may have PTSD from all of this and it never stops. I can't sleep, my nerves are... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2022

You asked this in the family section. Really, it's a better question for the civil section, as family law deals with divorce and child custody case.

From your description, it sounds like you want to sue someone over the Intentional Infliction of Emotional Distress. Those can be very...
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1 Answer | Asked in Family Law for Arizona on
Q: father spelled name wrong on babys birth certificate, does he still have same parental rights as if it were correct?

He spelled his middle name wrong

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2022

Yes, he does.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
Q: Can a landlord harass you by slamming on doors just to set off your anxiety. We pay rent on time and this feels abusive

Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255

Unfortunately, I think you...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I'm looking for a pro bono family custody attorney to help me with retaining 50/50 custody of my daughter.

Daughter is being held from from me and my rights as a mom are being infringed upon.

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Realistically, you probably won't find a pro bono attorney for a family law case. There are very few attorneys who take on a family law case pro bono, and for those few that do, spots are very competitive. You may have better luck going through the state bar's Modest Means program, where... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Probate for Arizona on
Q: My mother died on the 26th of feb. And her new husband is refusing to tell me any information at all

My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Those are a lot of things that almost happened.

If the will isn't completed and signed, it's not valid.

If the divorce isn't finalized, she died a married woman.

Unless there was a prior will, it looks like her case will go through probate and the...
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