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Questions Answered by Rich J. Peters
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

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

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1 Answer | Asked in Family Law, Arbitration / Mediation Law and Libel & Slander for Arizona on
Q: If your husband uses fraud as a reason for annulment will that link your name in docs legally to fraud?

Should you fight the reason if it isn't fair even if you both just want it to be over.

Rich J. Peters
Rich J. Peters
answered on Feb 17, 2022

Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he... View More

2 Answers | Asked in Family Law for Arizona on
Q: Is there a phone number I can call to speak to someone confidentially about my children we live in Arizona?

ASAP please

Rich J. Peters
Rich J. Peters
answered on Jan 24, 2022

When you schedule a consultation with an attorney, information exchanged must remain confidential.

A qualified and experienced family law attorney can of course assist you in considering your options

and then getting where you need to be. Most of us offer free, 1/2 hour...
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1 Answer | Asked in Divorce for Arizona on
Q: Are the gains from a 401k account prior to marriage separate or community property?

Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... View More

Rich J. Peters
Rich J. Peters
answered on Jan 20, 2022

So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.

Perhaps you could convince her by asking her whether she would have...
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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Rich J. Peters
Rich J. Peters
answered on Jan 20, 2022

Presuming that step-mother has no court-ordered rights, she DOES NOT have lawful possession of your children. YOU CAN TRY TO INVOLVE LAW ENFORCEMENT. However, the sheriff is not often willing to simply remove children without a court order to do so. It would be my advice that you file an... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... View More

Rich J. Peters
Rich J. Peters
answered on Jan 20, 2022

This is always a very difficult question to answer, because Arizona statutory scheme presumes that equal parenting time and joint legal decision-making is in every child's best interests. But, if you can prove these concerns, you may have a basis to rebut that presumption.

I am...
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1 Answer | Asked in Divorce for Arizona on
Q: My property has been listed in legal documents "divorce" that neither party's have rights too. How do I correct this??

My brothers wife filed for divorce, she states MY brother is sole owner she's not entitled to MY PROPERTY, in her petition for divorce. When this was brought to my attention i contacted wife to explain I own the property which I believe she fully understood this fact, i told her that even tho... View More

Rich J. Peters
Rich J. Peters
answered on Jan 4, 2022

I inadvertently hit return on that last answer too soon!

You could file, on your own behalf, a Motion to Intervene, asserting that you need to be a part of the action in order to protect your property rights. Otherwise, you would simply be hoping your brother would be protecting your...
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1 Answer | Asked in Family Law for Arizona on
Q: My mom claims that in order for my dad to be put onto my sisters birth certificate, they had to be married. Is this true

This is not a emergency question, I am just curious. They were married in 2009 and my sister was born 6 days later and she was born in the state of Az, but they were married in Las Vegas.

Rich J. Peters
Rich J. Peters
answered on Dec 16, 2021

No that is not true. His name could have been added to your sister's birth certificate at the time of her birth. He can still be added now, whether by agreement of the parties or through a court order.

1 Answer | Asked in Family Law for Arizona on
Q: husband sol provider dec 2019 unemployment 2020 - 2021 not paying bills @ moms our house forbearance can court make him

He been getting over 2500 month eorkmens comp his mother in mo has more than sufficient incomr she wants him with her wanted him to live her & me alone right after married. He works union plenty work home in az no reson stay i want counciling in AZ both us & order to make him pay bilks i... View More

Rich J. Peters
Rich J. Peters
answered on Dec 14, 2021

To answer the questions that I see:

1. Arizona does have a procedure by which you can have court ordered counseling.

2. You can ask the court to enter orders regarding "spousal maintenance", so that your judge can assess whether your husband should be assisting you...
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1 Answer | Asked in Child Custody for Arizona on
Q: Ex wife sent notice to relocate children out of state, it was only one page and no reason for move given, is this legal?

will submit a petition to dispute relocation immediately

Rich J. Peters
Rich J. Peters
answered on Nov 18, 2021

Under Arizona law, she cannot relocate with the children without following certain steps first. At least 45 days advance written notice must be provided to you, via certified mail, return receipt requested, or through legal process. She is NOT required to provide a basis.

YOU HAVE...
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1 Answer | Asked in Divorce for Arizona on
Q: How much does it cost for me to file for a simple divorce, no assets being contested.
Rich J. Peters
Rich J. Peters
answered on Nov 16, 2021

Every law firm is of course different. Ours does offer a flat fee for an uncontested divorce. Please email me directly for an exact quote.

1 Answer | Asked in Divorce for Arizona on
Q: My ex filed for divorce I did not respond so he could default he never did the next step. What can I do to be divorced?

Unhealthy marriage domestic abuse I had a restraining order against him fearing for my life. He is now in Prison and I want to be divorced but don’t wAnt him to know my whereabouts

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

Arizona law does permit you to respond to the divorce while also seeking that your address be protected. Or, if his matter has already been dismissed for his "lack of prosecution", you could start the process over by filing your own petition, again while seeking that your address be... View More

1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... View More

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
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2 Answers | Asked in Divorce for Arizona on
Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?
Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

There can be advantages to both. I would need to know more.

Because our market is so hot it certainly may be wise to sell even in advance of the divorce being filed, so long as there is an agreement as to how to handle the net proceeds.

But, if there are other financial claims to...
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2 Answers | Asked in Divorce for Arizona on
Q: In a divorce can I have my husband op out of dipping into my retirement account

In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67

Can it be on record through the court?

Rich J. Peters
Rich J. Peters
answered on Nov 1, 2021

If the two of your reach and an agreement, then yes he can absolutely waive his interest in your retirement. If it is not part of an agreement, then you cannot compel him to do so in Arizona.

A qualified and experienced family law attorney can of course assist you in considering your...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is this acceptable when he has joint custody?

Hi, I have a parenting agreement that was done in 2019. We share joint custody. However my son’s father only spends about 16 hours a month with him. Refuses to spend more time. Does not take him to or schedule any doctors appointments. Never calls off work to stay home with him when he is sick.... View More

Rich J. Peters
Rich J. Peters
answered on May 25, 2021

Certain items of your Orders are always modifiable under certain circumstances, including Legal Decision Making and Parentng Time. Timing is important when pursuing modification of any Orders, and delays can have detrimental effects. The manner of seeking change is through a Petition to Modify.... View More

2 Answers | Asked in Family Law for Arizona on
Q: How do i go about getting guardianship of my grandson age 14

I need to get him into school and medical insurance for him. The only thing sent with him was hand written note from my daughter. (Not notarized or witnessed) and his immunization records and school withdrawal letter. My grandson lived in Alamogordo. NM. And i live in Apache Junction, AZ.

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

Will his parent's consent? Or at least NOT object? If so, you can seek Voluntary Guardianship which is very simple and can be exepdited when necessary.

You may ALSO have the right to seek temporary or permanent custody, if you can convince the Court that:

* you stand...
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2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... View More

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

Do you have Court Orders? PERHAPS law enforcement may assist you if you have Orders. However, it is more commopn in my experience that they do not intervene, and instead will suggest that you both need to get the Court incolved.

If there are NO Court Ordetrs, file. File now. She does not...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... View More

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
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