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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... View More 
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?
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... View More
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
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
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.
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... View More
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
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... View More
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
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... View More
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... View More
Is it pertinent that the defendant is actively looking for legal representation?
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... View More
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... View More
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... View 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... View More
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... View 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?
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... View More
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... View More
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... View More
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.
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... View 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... View More
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... View More
I’m a girl married to a girl
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... View More
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... View 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... View More
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... View More
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
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