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He made claims to the court's that he put a restraining order/injunction against me, so I wouldn't go. I went to multiple courthouses in Phoenix as well as in mesa,az and they all said there are not restraining orders open or in place. They did say he filled multiple but 1. I've... View More 
answered on Jul 11, 2022
A protective order is not in effect until it is served. As you say nothing has been served on you, the Order of Protection is not in place.
You can be at exchanges unless there's a Court order directing you to not be there. Be very cautious, though, Dad sounds like he may be looking... View More
We have joint custody by court order but the past 4 years I had my daughters
answered on Jul 10, 2022
Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three... View More
In Arizona can I request a case on criminal charges with the police?? In a bigamy case
answered on Jul 6, 2022
Yes, you may report bigamy, as it is a crime.
The decision to press charges belongs to the police and the prosecutors.
I have a child support order in Arizona (where I currently live) which started in Oregon (where I got divorced) for my 5 children with my ex. My ex has not seen our children in 4 1/2 years and not spoken with them in 3 years (regardless of me setting up times for phone calls- he just flakes). I... View More
answered on Jul 6, 2022
A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.
This comes from ARS 8-539, which reads: " An order terminating the parent-child... View More
My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... View More
answered on Jul 6, 2022
I understand where you are coming from, and certainly what you want to argue makes sense. However, both arguments potentially harm your case.
Child support and child custody are separate issues. It is inappropriate to condition parenting time on child support. If child support has not been... View More
We’ve rented the house for three years. We moved out at the beginning of June and our lease went through the end of June. We let the landlord know they re-rented it and a new tenant moved in on June 18. I asked about the rent being prorated and they said they didn’t have to prorate it. What are... View More
answered on Jun 20, 2022
They can't double dip: If they charge you for a full month, they have to make sure the premises are available to you the entirety of that month.
I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... View More
answered on Jun 20, 2022
Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.
I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... View More
answered on Jun 20, 2022
Mr. Branum's advice is well stated and I echo what he has written.
I would advise you to meet with an attorney as soon as possible to discuss your case. I would meet with an attorney prior to filing anything with the Courts.
We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... View More
answered on Jun 13, 2022
Presuming this is the first time anyone will have filed for custody, Arizona has jurisdiction. For Texas to have jurisdiction, your child will have to live there for six months prior to the first filing for custody.
Child support will still be ordered.
If Father agreed to your move,... View More
He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... View More
answered on Jun 13, 2022
The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... View More
Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?
answered on May 25, 2022
You can filed a Petition to Establish Paternity and Child Support and not establish custody.
You cannot stop him from filing to establish custody if he chooses. The state that will make the custody determination is the state where the child has resided for six consecutive months most... View More
answered on May 25, 2022
No. Child support ends when two conditions are met (1) the child turns 18 and (2) graduates high school. Only one of those conditions are met. Therefore, child support continues until she turns 18.
My brother is 14 y M. My mother and her new husband are verbally degrading him on the regular. I don't know that I have any rights as his sister. CPS has had open cases against them but they take my mother's word. She's a great liar.
answered on May 24, 2022
You certainly can file a Petition for Third-Party Visitation.
You probably cannot file for custody unless you can prove that (1) your brother considers you to be like a mother to him, and (2) it would be significantly detrimental for your brother to be in the care of your mother or any... View More
The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... View More
answered on May 24, 2022
Yes, you can appeal, provided you have not missed the deadline to start an appeal.
But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I... View More
answered on May 23, 2022
Your question cut off ...
But the amount set is not a bond; it is a purge. The Court will determine the amount of the purge, usually it's a portion of the total amount owed.
A person arrested under ARS 25-681 is being held under "civil contempt." The key with a civil... View More
Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... View More
answered on May 22, 2022
Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,... View More
Can I as a legal adult be forcibly removed and will my friends get in trouble?
answered on May 17, 2022
You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.
Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate... View More
The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... View More
answered on May 17, 2022
I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.
Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you... View More
There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?
answered on May 17, 2022
No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.
Presuming this is a family law case (e.g., divorce or child custody... View More
If so, where is the case law that I can use in a motion to dismiss?
In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... View More
answered on Apr 30, 2022
No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.
A Motion to Dismiss is only appropriate where there... View More
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