Immediately after, she left me and married another man. She then sued for child support which was granted but before I could get my first visitation, they, including her new husbands parents and family, packed up and moved. I never saw the child again. Then years later she contacted me saying if I... Read more »
Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children...Read more »
There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his...Read more »
The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this... Read more »
The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).
Instead of focusing on that, you will want to...Read more »
Before our custody and childcare battle ended, my ex-wife's lawyer withdrew. The court approved it because the lawyer had a valid cause; however, the judge did not disclose that cause in her ruling allowing him to withdraw. I believe he withdrew because my ex consistently lied during testimony... Read more »
The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »
The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,...Read more »
This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any... Read more »
If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally...Read more »
She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate
No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish...Read more »
No, removing yourself from an abusive situation is not abandonment. If you intend to divorce, you should take advantage of a free consultation at your earliest opportunity to discuss how to preserve all of your rights.
Property acquired during the marriage is presumptively community property regardless of who paid for it, unless the funds used were a legally separate source like inheritance or money earned before the marriage. That property must be divided equitably in your divorce.
I have come to realize that I will not be able to survive each month with no spousal support. I modified with my ex husband to lower the amount & time duration to 4 years. It was in the original decree to be more money each month & to not end until I remarried. Will I be able to change this... Read more »
The modifiability of spousal maintenance first depends on the language of the current orders. If your agreement did not make maintenance non-modifiable, it will be possible to modify. You will need to prove the occurrence of substantial and continuing changes since your last modification. Simply...Read more »
I have 2 credit cards that were acquired while we were married, but are only in my name (all debt is paid off, they are at a $0 balance). If I keep these cards, will he be liable for any debt that gets placed on them after we get divorced?
No, it isn't true, but there are important limitations. You can file for divorce in Arizona if you've resided here for at least ninety days. Unfortunately the Arizona courts may not have any jurisdiction over the child custody issues. When there are no existing orders, interstate...Read more »
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.
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