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Questions Answered by Rich J. Peters

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on

Q: Hi my name is Heimantie Rodriguez i am looking for help with child custody from two separate ex husbands.

Im still currently married to my current husband but we are seperated. I have a one year old son with him who is disabled and im looking to obtain full custody because his dad is unstable and suicidal an lives with his mother which is not a proper home for my son who has various medical needs. As... Read more »

Rich J. Peters answered on Jul 10, 2019

Please come in soon. We can certainly help you consider and then pursue your options both Fathers. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to...
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1 Answer | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Arizona on

Q: How can I get my son back from DCS

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 »

Rich J. Peters answered on Jul 10, 2019

Is your Court appointed attorney taking steps to deal with your concerns? Are you looking to hire private counsel?

I did not see any particular question that I can answer. I can say that my advice always in these situations is to bend over backwards to satisfy DCS that you are doing...
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1 Answer | Asked in Family Law for Arizona on

Q: Me and my daughter's father have a court order for him to have her on the weekends. At what age can she decide not to go

Rich J. Peters answered on Jun 21, 2019

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) also... Read more »

1 Answer | Asked in Child Support for Arizona on

Q: child came to live with me -Dad- mom had support order -I call case worker at sup ofc -noted it- support kept adding up

child 18 now- how to remove support not owed

Rich J. Peters answered on Jun 2, 2019

Unfortunately child support does not cease until you seek a modified order? Do you think mother would sign a waiver of the arrears which have been technically accruing?

No matter what you need to take steps right away. Every month you wait is a month you lose. Arizona does not allow...
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2 Answers | Asked in Child Support for Arizona on

Q: Is a biological father responsible for back child support, the child is 7 and he was just put on the b/c this year

Rich J. Peters answered on May 31, 2019

Have you already established Court Orders regarding Child Support?

If not then YES, you can ask for his Child Support Obligation to start up top 3 years prior to filing and serving your first papers.

Please come in soon. We can certainly help you consider and then pursue your...
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1 Answer | Asked in Family Law, Civil Rights, Construction Law and Internet Law for Arizona on

Q: can i press charges for hacking email and sharing data

my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.

Rich J. Peters answered on May 30, 2019

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on

Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.

Rich J. Peters answered on Apr 22, 2019

My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.

We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.

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1 Answer | Asked in Child Support for Arizona on

Q: What if I got a child support notice but I don't even live in the same state or personally know them?

Rich J. Peters answered on Apr 22, 2019

It certainly would be wise to deal with it in some manner.

I would need to know more to assist in HOW to deal with it.

1 Answer | Asked in Divorce for Arizona on

Q: There is a pattern of phys, verbally, and financial abuse. My husband says I'll be on the street if I leave him.

I cant support myself. I recently retired from my job. All monies in our 8 years has been mostly his income...his house. He says he owes me nothing. He was arrested 3 years for domestic abuse...charges were dropped because I did not testify. I've lost my family and friends because of him.

Rich J. Peters answered on Apr 22, 2019

Please come in soon. We can certainly help you consider and then pursue your options for divorce or legal separation. This is obviously a very important matter, and you should not go in alone.

You may be entitled to an award of spousal maintenance. Spousal maintenance is based upon so...
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2 Answers | Asked in Family Law for Arizona on

Q: im 16, i make about 1000 a month, if i try to get emancipated would the judge be ok stay with me paying rent to a friend

Rich J. Peters answered on Apr 8, 2019

Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.

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1 Answer | Asked in Child Custody for Arizona on

Q: How do I get my custody case out of California and transfer here to AZ?

Rich J. Peters answered on Apr 5, 2019

I would need to know a bit more.

1. Where does everyone (each parent, children) live now? And for how long?

2. Are you hoping to deal with custody issues? or support issues? Or other issues?

Tell me a little more, and I can give specific advice.

1 Answer | Asked in Family Law for Arizona on

Q: In my situation (see more info) what are my chances a judge will force my ex to sign IRS Form 8332?

By IRS standards my ex-husband qualify's to claim our youngest child as a dependent. However, our decree says otherwise. The Decree signed in 2016 says starting in 2018 I claim one child and he claims the other. He has informed me he would be claiming both as by IRS standards he is the qualifying... Read more »

Rich J. Peters answered on Mar 21, 2019

I have handled this exact dispute a number of times, and I am confident the judge will Order him to sign the form OR Order him to pay you the difference his filing causes in your filing. If we have to go to Court, it is very possible the Court would also Order him to contribute to any attorneys'... Read more »

1 Answer | Asked in Divorce for Arizona on

Q: My wife filed an Order of Protection. How do I get the judge to quash it?

Rich J. Peters answered on Mar 18, 2019

You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.

We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in...
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1 Answer | Asked in Child Support and Family Law for Arizona on

Q: Is it legal to have to pay two child support orders

What rights as a parent do i have

Rich J. Peters answered on Mar 15, 2019

I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?

Send me some more details, and I can provide a better answer.

1 Answer | Asked in Family Law for Arizona on

Q: Ex husband wants 15 and 18 yr old to Uber home from school. I am not comfortable with that, he says too bad.

Rich J. Peters answered on Mar 12, 2019

That would make me nervous as a parent as well. Are there other better options?

Perhaps a demand letter from an experienced attorney would convince him to make a more reasonable decision, in the children's best interests.

Please come in soon. We can certainly help you consider and...
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1 Answer | Asked in Divorce for Arizona on

Q: My husband has been having an affair for the past 6 months. I want to file for divorce what do I do?

Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?

Rich J. Peters answered on Mar 12, 2019

Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony),... Read more »

2 Answers | Asked in Divorce for Arizona on

Q: Hello

I have a question about changing judges for an upcoming court hearing on February 25th?

Rich J. Peters answered on Feb 15, 2019

Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.

If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that...
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1 Answer | Asked in Family Law for Arizona on

Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids

My sister got arrested because he hit her and she defended herself but for being evidence of her scratching him to be able run out the house she was detained for assult they have joint custody he has the kids can we her family get the kids from him

Rich J. Peters answered on Feb 13, 2019

Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.

Please come in soon. We can certainly help you consider and then pursue your options. This is...
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1 Answer | Asked in Child Support for Arizona on

Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support

Dad with no custody pays child support payment plus back child support payment every month and is wanting to turn his life around for his kids by voluntarily going to an inpatient rehab. He will have to quit his job to go so he wants to know if he will face any penalties for going to rehab because... Read more »

Rich J. Peters answered on Feb 12, 2019

Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on

Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... Read more »

Rich J. Peters answered on Jan 24, 2019

Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any... Read more »

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