I'm in Pima County, Arizona. 30 days ago I served annulment papers on my "husband," who lives out of state. Since then, he has signed Consent Decree for Divorce papers and sent them to me. Today is the no-response deadline and I can ask the court to move forward with dissolution.... View More 
answered on Sep 27, 2023
If your question is "which one is quicker and less painful to me, the answer is clear from a purely legal standpoint: Sign and submit the Consent Decree.
Annulments are very difficult to win. If you're claiming fraud, you have a high burden of proof, i.e., you have to present... View More
I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible
answered on Sep 27, 2023
Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings.
My wife shares custody with the child’s father. Father has continuously taken the child’s phone away while she is at his house during his parental time. Mother and I have bought the phone and pay the cell phone bill on a monthly basis. Father has never paid any portion or is even on same phone... View More
answered on Sep 27, 2023
I am certainly sympathetic to what Mother and you are enduring because of Father's inappropriate actions.
However, what you suggest here is not the solution.
I know this may hurt to hear, and I apologize for that, but the law is clear: As a stepparent, you have no legal... View More
We were married in secret in Mexico because his family has always been abusive. As far as they knew we were living together and engaged happily. We both made our wills after some difficult times we had with our health and his will is signed by myself and my mom and witnesses. My husband struggled... View More
answered on Aug 16, 2023
I'm sorry for your loss and all that you're going through with your spouse's mother.
You filed this under Family Law (which is divorce and child custody), Civil Litigation (lawsuits), and Wrongful Death (when you sue someone for killing a family member). What you need to do... View More
Does Rule 28 prohibit filing a REPLY to a RESPONSE?
answered on Aug 10, 2023
Don't file a Reply.
Rule 28 doesn't explicitly prohibit a Reply, but it implicitly does by explicitly authorizing a Response and making no mention of Reply.
Further, there is an important difference between a Petition and a Motion, and how they get resolved is why a Reply... View More
There is currently no custody order. So last year, I printed out a form that we agreed on that states I have temporary custody and she signed and we got notarized. Our son went to go visit for her for summer in CA but now she won’t let us talk to him and is alienating him from me and his other... View More
answered on Jul 20, 2023
The short answer is it is 100% time for you to file for custody and you may need to consider filing an emergency motion. You need to file in the state where your son most recently lived for six consecutive months.
As you write, "There is no custody order." Signing an agreement... View More
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
answered on Jul 19, 2023
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
If the order came... View More
He Has not established paternity. He has had custody for going on a year this month . Complicated situation
answered on Jul 9, 2023
Is paternity in dispute?
You mention he has had custody for a year. Is that Court-ordered. If the Court gave him custody a year ago, then he is a legal parent because they would have declared him the legal parent when they gave him custody.
The birth certificate only creates a... View More
My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More
answered on Jun 30, 2023
Yes, your daughter can request child support.
But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how... View More
I filed 2 times. once in 2022 and again in January. Never given a trial date. Court has not responded to my questions. I filed for child support 2x with custody papers. No response. She has lived with me since birth DOB 10/15/21. I want to move on with my life. I have a 2 year OOP against dad and... View More
answered on Jun 21, 2023
Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.
It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they... View More
A few months ago, a one-night-stand called out of the blue to tell me her 10 month old baby was mine. The man she was in a relationship with at the time of birth signed the birth certificate but apparently they are no longer together. We did a paternity test but I never actually saw any paperwork.... View More
answered on Jun 21, 2023
You asked, "I guess my question is can she come back in a few years and sue me for financial assistance after all this back and forth?" It's possible, but you'd have to be legally declared the Father first.
"This situation is affecting my current relationship with... View More
I was married at the time my daughter was born in 2008. My (now ex) husband was not the father. He signed and had notarized a Waiver of Paternity Affidavit in 2008, when she was born. I did not add the father to the birth certificate at the time. I would like to have the father added to her birth... View More
answered on Jun 19, 2023
If I understand this correctly, your former husband is not the Father and he signed and had notarized paperwork that stated he is NOT the father, and I'm presuming, that your former husband is also not on the birth certificate, and no Court and no state agency has ever declared him to be the... View More
My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision... View More
answered on Jun 19, 2023
I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.
Child Support - If it's court-ordered, it doesn't matter that he's leaving the... View More
He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?
answered on Apr 30, 2023
He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.
He can... View More
Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?
answered on Apr 30, 2023
Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.
I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may... View More
My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... View More
answered on Apr 28, 2023
She can.
But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.
I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the... View More
I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... View More
answered on Apr 23, 2023
First, a 12-year-old doesn't get to pick where she lives.
"Does she have a case for modification w/o any substantial change in circumstances? "
She has to show a material change of circumstances affecting the child's well-being to qualify for a modification.... View More
Child has been under moms care since he was born, child is under moms insurance, all of childs things (food, shelter, formula, clothes, diapers etc) have all been paid by mother. Hospital fees also currently still being paid by mother. No agreement on child placement, no agreement on custody, no... View More
answered on Mar 29, 2023
If he is not on the birth certificate, and if Mother and Father have not signed an Acknowledgment of Paternity, and if Father has not filed to establish paternity with the Courts, then Father is not a legal parent, and the child is under Mother's custody, and that does include the right to... View More
Step mother emotionally abused my daughter for over 3 years, my daughter turned 18 on September 2022 and she moved out and went not contact with father and stepmother. Daughter is in therapy due to the mental abuse and suffers from depression, anxiety and panic attacks, daughter wants to report... View More
answered on Feb 22, 2023
She can go to the nearest superior courthouse and request the protective order. That will only be in effect for two years though.
As for reporting emotional abuse, she should contact the Department of Child Safety.
If you are looking to modify legal decision-making and parenting... View More
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... View More
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