The state where your children have lived for the last six months has jurisdiction over child custody. If there isn't such a state, then it may be where the children were born. Once you identify which state has jurisdiction, you will need to file there to establish your parental rights.
I moved from Wyoming to Yuma, AZ. I had physical custody of my son for 7 years before moving. My husband got an amazing promotion and the company paid to relocate us. We had to go to court because my ex argued that moving is a substantial change in circumstances. The judge specifically stated the... Read more »
It sounds like Wyoming has jurisdiction over the child custody issues, so you would need to ask an attorney licensed to practice there. In Arizona, this situation would not warrant an emergency, but could justify modification. Emergencies are reserved for when there is imminent risk of irreparable...Read more »
I have endless evidence of spouses emotional abuse, habitual lying, and refusal to co-parent. I have a been a stay home parent since first child (of 5) so kids and I live with family and I have no current ability to get a job. Spouse also lied about having ability to pay child support without court... Read more »
A parent's earning capacity is irrelevant to the determination of parenting time and/or legal decision-making. Your living situation may be a factor though if the home is too crowded to appropriately accommodate the children.
My ex girlfriend ended our relationship a little over a week ago. Since then, she has consistently manipulated me emotionally in order to achieve selfish goals (sleeping with another man), and has gone so far as having successfully been granted an order of protection against me--which has stated no... Read more »
Res judicata is an affirmative defense that precludes a claim. It's unclear what effect you believe it will have on the competing orders of protection, but no, it won't affect the orders of protection nor the ability to obtain a new one once a current order expires.
It's unclear what you mean by custody. In Arizona, custody has been replaced by "legal decision-making" and "parenting time." The latter significantly influences the child support calculation. The more parenting time you have with your children, the less you have to pay in child support.
Child support is calculated based on a standardized formula. It doesn't account for your bills because the child is prioritized above all other expenses. You can find the current (2015) Arizona Child Support calculator online to double check the court's math. If circumstances have changed since the...Read more »
You'd need to ask a California attorney. I am not licensed to practice there but I can tell you that if the process is anything like Arizona, it sounds like paternity may have been established against you (no DNA test is required here). If so, it's going to be very difficult to undo it. You'll want...Read more »
The 8 year old child lives with her mom and I get her every other weekend. I pay 300$ a month. We've never had a written agreement or anything for payments. Can she potentially get back child support? We haven't lived together in about 5 years.
When child support is established, it may be established retroactively for up to three years. So, yes, theoretically she could ask for back support for up to that amount of time. I'll warn you that the amount you pay is very little based on your limited parenting time. While you could try to offset...Read more »
My ex id an auto mechanic who makes quite a bit of cash income. He doesn't have a bank account because he owes back taxes to the IRS and probably the State of WI. He has a girlfriend of the last 3-4 months, and I'm sure he's putting his cash income into her account. Will the State of AZ help me... Read more »
Not on that basis, but you shouldn't worry. The initial appearance is likely a preliminary hearing such as a resolution management conference or a return hearing and you will not be prejudiced by not having an attorney.
He does not want to go through the hassle of getting a divorce in Colorado. In 90 days the wife and children become residents of Az. If the husband changes his mind can he force them to move back to Colorado? Is there something the wife should do to protect her and the kids from going back?
Yes, unrelated third parties can seek custody or visitation rights pursuant to A.R.S. § 25-409. These cases are extraordinarily complex and involve constitutional issues. The family friend should schedule a free consultation with experienced family law counsel.
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