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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
if a child is not believed by family court that they are being abused can they sue the courts when they are adults for forcing them to go with the abusive parent and allowing the abuse to go on
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
And gets to claim one child that he has never financially supported can he get away with this as I have been the sole supporter for them 12 yrs straight
Can I get any back payment for him stealing from me every year on his taxes as well as never helping financially support them?
answered on Jun 19, 2023
If he did not pay 100% of his child support in a tax year, he cannot claim the child on taxes. The Court can order him to Amend his taxes. You can ask for this as part of an enforcement proceeding.
Don't expect the Court to order that for more than a few years, though.
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
2010 Arizona Revised Statutes
Title 13 - Criminal Code
13-3610 Abandonment of spouse; classification
13-3610. Abandonment of spouse; classification
A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the... View More
answered on Jun 1, 2023
You file a police report, and let the police and prosecutors decide from there if they want to bring charges.
I've got a friend that started dating a man (Father) that had a 6-month old child, conceived between him and a surrogate (Biological Mother). Shortly after the birth of the child, Biological Mother exited the equation... and my friend (Mother) entered.
She raised the child as her own... View More
answered on Jun 1, 2023
If she doesn't adopt the child, then she can't have equal custody under Arizona law. A case came out last year, Hustrulid v. Stakebake, that made that very clear--that nonparents cannot share custody with parents.
Where she solicits men to pay her to perform sexual acts they want to see her perform for set amounts of money?
answered on Apr 30, 2023
If your talking about Mother making money by camming, that is not something that's likely to factor in.
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
answered on Apr 30, 2023
Yes. Arizona is a one-party consent state, meaning only one party in the conversation needs to be aware that the conversation is being recorded.
Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.
answered on Apr 28, 2023
Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.
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
2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ
answered on Mar 6, 2023
That is horrifying.
I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site... 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
The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.
answered on Feb 22, 2023
Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP
My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... View More
answered on Feb 22, 2023
Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.
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