Lawyers, Answer Questions  & Get Points Log In
Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
View More

1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order

My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 2, 2024

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order...
View More

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
View More

1 Answer | Asked in Family Law for Arizona on
Q: What are my after judgment options to file besides appeal in Arizona family court?

I got a judgment on Dec 19, 2023 and filed Rule 83 to alter amend. Motion was denied and clerk marked it on January 22, 2024. When is still timely to file notice of appeal?

Can I file Rule 84 and or 85?

How will filing Rule 84 and or 85 affect appeal timeline and deadline?

Rich J. Peters
Rich J. Peters
answered on Jan 25, 2024

You need to file your Notice of Appeal on or before the 30th day after the entry of the ruling on your rule 83 motion. You cannot be one day late. Although I don't know the specifics of your matter, and although there are exceptions to every rule depending on the circumstances, I expect that... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Is it legal for my 11 year old son to be sleeping on a pull out couch in the same room as his dad and his gf?

My son stays with his dad about half the time. The thing is, he lives in a 2 bedroom apartment with a roommate and his girlfriend. My son has to sleep on a pull out couch in the same room as his dad and his dad’s girlfriend. My son is 11. We have had multiple conversations over the last couple of... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

The arrangement is not illegal.

There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some...
View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child...
View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Me ex girlfriend had a child and claims it's mine. Who has the right.to take the child?

Can I take the child legally

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2024

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of...
View More

1 Answer | Asked in Family Law and Estate Planning for Arizona on
Q: My husband has a brain injury. I don't want him to get my money if something happens to me?

My daughter is on my checking and savings account and my husband is not.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.

Since your daughter is already on your checking...
View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

Rich J. Peters
Rich J. Peters
answered on Jan 5, 2024

If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More

View More Answers

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Arizona on
Q: in Arizona: what constitutes "kidnapping" if the child is 14 yrs old and your grandchild?

My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your... View More

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Will new income or old income at time of divorce be used to calculate child support

While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Once you receive the money, so long as you leave the money in the 401(k) (or rollover IRA) and don't withdraw it, the funds will be exempt (protected). You should consult a local attorney (preferably one with both bankruptcy and Arizona family law experience) about the timing and procedure for... View More

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Diane L. Drain
Diane L. Drain
answered on Dec 29, 2023

When a bankruptcy is filed, it should be planned ahead. The goal is to make the debtor and their transactions as boring as possible. You can do this with an experienced bankruptcy attorney who cares about their clients.

As to your questions, first you have to determine which exemptions you...
View More

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In Arizona, 401(k) funds are generally protected from creditors in a Chapter 7 bankruptcy. This means that these retirement assets are typically exempt and cannot be used to pay off bankruptcy debts. However, your situation involves a divorce decree and a Qualified Domestic Relations Order (QDRO),... View More

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Can I use current temporary orders in place of original petition in a divorce default hearing?

Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.