Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's... View More

When someone files a Motion, there are three filings that are permitted:

1. The Motion itself

2. The Response to the Motion

3. The Reply to the Response

You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a... View More

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

Don't text him directly if it violates a court order.

Absent hiring an attorney to communicate with him as Mr. Peters suggested, you might want to file a Request for Mediation and make sure you have checked off that requirement before going for contempt.

Be keeping a record of... View More

The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.

However, that does not mean that's the law for custody.... View More

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that... View More

You're not at fault.

She's being ridiculous.

The problem is this: How did you document this?

When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.

Bear in... View More

We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More

You wrote, "Is my name on the birth certificate enough to establish paternity?"

That's a simple question but it has somewhat complex answer.

 

Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name... View More

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently... View More

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can... View More

Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.

Under Arizona's custodial interference statute, when a child is born out of... View More

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4.... View More

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order... View More

The arrangement is not illegal.

There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some... View More

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child... View More

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of... View More

Temporary orders are, as the name suggests, "temporary," i.e., they are only in effect until the Court issues a final ruling. A dismissal is a final ruling.

There is a way to preserve temporary orders even when a case is dismissed, but one of the parties would have to have... View More