I am really sorry to hear about your situation. Unfortunately, terminating your parental rights does not end child support. Was there a written agreement between you and the mother?

You should immediately consult with a local child support attorney to evaluate your options. Most relief is... View 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... View 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... View 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... View More

Unfortunately you do not. Those communications are privileged.

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,... View 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... View More

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... View 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.

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... View More

No, debts assumed in one (ex) spouse's name only after the date of service of a divorce petition will be separate property of that individual.

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... View 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.

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... View 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.

If the complaint was filed in Hawaii, you would need to ask an attorney licensed to practice there. For lawsuits filed in Arizona, plaintiffs have 120 days to serve the defendant.

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.

Yes, it is legal. Parents who are unemployed are always attributed at least minimum wage unless they have a disability or another legal reason not to work.

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.