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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 conclusion of the... Read more »

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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...
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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...
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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 »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?
Rich J. Peters
Rich J. Peters answered on Aug 14, 2019

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 more.... Read more »

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1 Answer | Asked in Child Support for Arizona on
Q: I have a order for child support currently. but i am not receiving back child support for previous years.

can i modify current order to start receiving back child support? I do not recall being asked and up until now was confused about my rights to receive back support.

Rich J. Peters
Rich J. Peters answered on Aug 1, 2019

How recently was your current Order entered? Is this the first Order ever?

THERE may be steps we can take. I would need to know more.

Please come in soon. We can certainly help you consider and then pursue your options for seeking up to 3 years of back support IF WE STILL HAVE...
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1 Answer | Asked in Family Law for Arizona on
Q: I have been raising my two girls for the passed five years with little to no help from their abusive father..

Now I would like to leave state and he is threatening me. I have a restraining order on him and he has charges for DV. Do I have the right to take them with me?

Rich J. Peters
Rich J. Peters answered on Aug 1, 2019

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 statute does...
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1 Answer | Asked in Divorce for Arizona on
Q: wife left 2 months . we want to get divorced. we agree on everything. she moved to seattle. how does she file respone

how can she file living out of state

Rich J. Peters
Rich J. Peters answered on Jul 30, 2019

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 »

2 Answers | Asked in Child Support for Arizona on
Q: Can ex take me to court for child support years after we agreed, in court, to not pay?

We agreed that no child support will be paid in custody agreement. Both of us have remarried and had kids. She is a stay at home mom but threatens to take me to court for child support.

Rich J. Peters
Rich J. Peters answered on Jul 28, 2019

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 »

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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
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
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
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
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
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
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
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
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
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
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
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 »

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