Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rich J. Peters
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.... Read 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.... Read 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...
Read more »

View More Answers

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... Read 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...
Read more »

View More Answers

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... Read 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...
Read more »

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: I just got served with a order or protection - and would also like to move with visits that my ex can't keep changing.
Rich J. Peters
Rich J. Peters answered on Feb 1, 2021

You have the right to request a hearing on the order of protection. Please review the Order very carefully to ensure that you do not violate it.

Please call my office soon. We can certainly help you consider and then pursue your options for defending the order protection and also pursuing...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

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

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... Read more »

2 Answers | Asked in Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
Rich J. Peters
Rich J. Peters answered on Oct 13, 2020

I would need to know more. Is your son emancipated? Over the age of 18? Out of high school? Is he supporting himself?

Please call my office soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better...
Read more »

View More Answers

1 Answer | Asked in Child Support for Arizona on
Q: How do I stop my child support payments? My child is 19yrs old. The mother is in prison and yet I’m still paying.
Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then...
Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

Arizona does allow you to file a petition to modify parenting time under certain circumstances. I do not know how old your current orders are, but our current statutes lean heavily towards equal parenting time. Pursuant to Arizona law, your Judge will be required, consistent with the... Read more »

View More Answers

2 Answers | Asked in Family Law for Arizona on
Q: My 8 year old granddaughter has lived with me for 6 years Her mom has mental health issues lives in a group home

She recently started dating a guy that has mental illness as well (Suicidal)and they want to live together the only way she can get an apartment by herself is if she has her daughter with her. How can I prevent that?

Rich J. Peters
Rich J. Peters answered on Feb 25, 2020

There are a few options we can discuss. I would need to know so much more. A private dependency petition can be filed with the Juvenile Court and can provide a long-term solution even without Mom and Dad’s agreement. A Title 8 Guardianship is possible, but requires the consent of the parents... Read more »

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: I have a child custody order for supervised visits from Louisiana,how do I get the state of Arizona to recognize the it
Rich J. Peters
Rich J. Peters answered on Jan 14, 2020

We would need to "domesticate it", which means filing a certified copy along with required documents. It is a very simple process.

More importantly, are you hoping to enforce it here? Modify it here? If so, we would need to discuss jurisdiction issues as well as modification...
Read more »

1 Answer | Asked in Child Support for Arizona on
Q: how is child support calculated for 2 different mothers will one get more or equal amounts
Rich J. Peters
Rich J. Peters answered on Jan 8, 2020

Child Support in Arizona is based upon a formula. That formula would be applied separately to both Mothers, and thus may have different results.

The factors considered include (1) the parents' respective incomes; (2) whether either parent has additional children or support...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: My child's father and I have never been to court or have any orders on custody or visitation. Can I move to CA?

My mom's company in CA is expanding and she wants me to work for her. I have experience in her company's line of work as well.

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

The easy answer is yes, you can. However, it would be a good idea to have an experienced Family Law attorney review your situation BEFORE you move. There is much to think about in deciding whether to move before or without filing any proceedings, or filing before you move. There can be... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: If I leave my baby's mother and move out, will I be able to see my child?

Our son is still under a year old, me and the mother have been living together but have recently decided to break up. I have been wanting to move out because living with an ex is hard, but haven't because I am scared that I won't be able to see my son once I leave. I wouldn't take... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

If we were helping, we would be approaching Mom right away to demand access. We would also be filing right away. She does not have the right to unreasonably restrict your access, and if she does so, she herself could suffer repercussions.

Do not allow yourself to miss irreplaceable...
Read more »

1 Answer | Asked in Divorce for Arizona on
Q: If I’m married to a women and I have a two year old son that is not biologically her to I file divorce without a miner?

I’m a girl married to a girl

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

Yes. But was the child born during the marriage?

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer...
Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: How do I obtain custody of my grandchildren! How does my don get full custody of his children?
Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

There is so much to answer here, I cannot do so by email. We should meet.

As a Grandparent, you have the right to (1) seek Grandparent's Visitation", or (2) seek a Voluntary Guardianship, or (3) seek a Permanent Guardianship; or (4) seek a Termination of both parent's...
Read more »

2 Answers | Asked in Family Law for Arizona on
Q: How does a father get on a birth certificate if mom is dead in arizona

My boyfriends 4 year old sons mom died 2 years ago. My boyfriend is not on the birth certificate because she changed it with out his knowledge. I paid for a dna test and it is his baby. Now were stuck on how to get my boyfriend on the birth certificate without her. Again we live in arizona. Thank... Read more »

Rich J. Peters
Rich J. Peters answered on Sep 25, 2019

We can still file a "Complaint in Paternity", alleging that he is the Father. Then, we would serve the representative of Mother's estate. If there is no such person, we would ask the Court for "alternative service" under a number of different theories. Ultimately, at the... Read more »

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: I need 2 power of attorney, how much will it cost me?
Rich J. Peters
Rich J. Peters answered on Sep 17, 2019

My office charges 1/2 hour of time, so $125-$150 per POA depending upon which attorney you hire.

Please call or email if you are interested.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

1 Answer | Asked in Family Law for Arizona on
Q: My son will be 18 October 12 of this year, can the courts make my son see him after he turns18 ?

Father took me to court , court wants me to pay half of counseling for the two of them, father has never been in my sons life , courts told me I have to let my son speak to him twice a week , when he turns 18 in less then a month, do I have to force him to speak to him and go to counseling?

Rich J. Peters
Rich J. Peters answered on Sep 13, 2019

in Arizona, NO. The Court loses jurisdiction over the child once the child turns 18.

HOWEVER, the Court still has jurisdiction to force Dad to pay child support. Is he current? If not, there are steps you could/should take soon after the child turns 18.

Please come in soon. We...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Can I register a chid in school with parental Power of attorney ?
Rich J. Peters
Rich J. Peters answered on Sep 13, 2019

By law, you SHOULD be able to. But, I could envision a school or school district being worried about it and asking for more information. Some are more careful or restrictive than others. I would expect so especially if it was only signed by one parent. The school or district may then wonder if... Read 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.