You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.

The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not... View More

This would be better asked to a civil attorney than a family law attorney since civil attorneys deal with lawsuits and family attorneys do not. I would recommend you consult with one before making a decision on whether to pursue.

So, bearing in mind that this is outside my area of... View More

Sounds like they must have reassigned the judge in your case, and it (presuming service was proper) sounds like you are on the clock to file your Response. Without knowing what type of Petition or other request they filed, I can't advise you further.

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

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.

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

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

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

Yes, the Court can prohibit you from going to the school.

Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.

This happened at an RMC? The Court can't make orders at an RMC unless... View More

You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.

They should take up to how much he owes.

As for how long it will take, that's a question you need to ask the child support department.

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

While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.

This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.

I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family... View More

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

Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).

I'd start by calling his employer and ask them if he still works there.

If they're not willing to talk to you, you can subpoena them and ask them to provide the other parent's dates of employment and recent pay stubs.

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

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

The contract would never be upheld by any court.