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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
Yes, he still has rights until the other parent takes steps to "severe" those rights. Under Arizona law, 6 months of no contact and no support can constitute "abandonment" which can warrant a severance of parental rights. There is more to it, though, so I would need to know...Read more »
Are there any Court Orders in place? IF SO, then Arizona does have a "relocation" statute which must be reviewed as compared to your situation. I would need to know more to determine whether such requires notice, etc.
If there are NO Court orders in place, then the relocation...Read more »
I expect it is going to have to be filed here. If you are proceeding by agreement, my firm offers a low flat fee to handle everything start to finish. We can file here even though she resides out of state. If everything is proceeding by agreement, she will never have to come into town....Read more »
Child support is always modifiable. Even Court Orders that neither parent owes the other are modifiable. However, she can never go backwards. Arizona does not allow retroactive child support modifications. So, if she believes she is entitled to a modification, every month she waits is a month...Read more »
DCS took my son from the hospital becuz he tested positive for drugs. But my girl friend tested negative. Then they brought up an old case that my ex wife and I had. And the grandmother tried to have my son placed with her but the case worker told her right from the start that she was denied all... Read more »
There is no such age in Arizona when a child simply gets to choose. However, the Judge IS required to consider the child's desires, but this is only one factor of many. I often stress to my clients that we not only need to show the Judge what the child wants, but (perhaps more importantly)...Read more »
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