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I have sole legal decision making and sole legal custody of my daughter. The mother only has phone contact and no parenting time. We want to move out of state to be closer to family. Am I allowed to move out of state with my daughter without the other parents permission. Mother is MIA and has a... View More 
answered on Apr 21, 2022
The overall answer to your question is the most common lawyer answer of all (and also the most disappointing lawyer answer): It depends.
It depends on what your Court order says about her rights:
LEGAL DECISION-MAKING
Sole legal decision-making does not include the right to... View More
I have the option to move back home to MA, and have the support of my very large family. I have a house to live in there, and good work We share a house here, but she has a boyfriend now so I don't want to be here.
Am I trapped in AZ now that she wants a divorce or am I allowed to... View More
answered on Apr 4, 2022
You can live wherever you want.
The issue is where the children will live. If you want to live near your children, you'll either need to stay in Arizona or get her to agree to let you take them with you to Massachusetts or get the Court to order that they move with you to... View More
We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... View More
answered on Apr 3, 2022
This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.
I'm... View More
answered on Apr 1, 2022
I'm sorry to hear about your loss. My heart goes out to you.
Family law is not the right category for this question though. It better belongs to the criminal category, as the decision to press charges is ultimately up to prosecutors and somewhat to the police. Those of us who are... View More
She has the kids all the time and nothing through the courts yet about custody or visitation.
answered on Mar 31, 2022
Your first step should be to consult with an attorney about the situation and have them review the Order of Protection with you. Likely (though we can't be sure until we read it), there's an exception to the order to allow to have time with your child.
The next step would be to... View More
I live with my daughter and g-kids and this would be against people who are causing great emotional and mental stress to not only my daughter and g-son but it is also affecting me in very negative ways. I think I may have PTSD from all of this and it never stops. I can't sleep, my nerves are... View More
answered on Mar 17, 2022
You asked this in the family section. Really, it's a better question for the civil section, as family law deals with divorce and child custody case.
From your description, it sounds like you want to sue someone over the Intentional Infliction of Emotional Distress. Those can be very... View More
He spelled his middle name wrong
Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... View More
answered on Mar 15, 2022
I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255
Unfortunately, I think you... View More
Daughter is being held from from me and my rights as a mom are being infringed upon.
answered on Mar 15, 2022
Realistically, you probably won't find a pro bono attorney for a family law case. There are very few attorneys who take on a family law case pro bono, and for those few that do, spots are very competitive. You may have better luck going through the state bar's Modest Means program, where... View More
My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too
answered on Mar 15, 2022
Those are a lot of things that almost happened.
If the will isn't completed and signed, it's not valid.
If the divorce isn't finalized, she died a married woman.
Unless there was a prior will, it looks like her case will go through probate and the... View More
Dcs got involved after I tested positive for thc with my first pregnancy but Arizona has since legalized marijuana. Additionally, I suffer from chronic pain due to nerve damage and can’t take my other medications while pregnant.
answered on Mar 14, 2022
Yes, absolutely they will take away your children if you smoke marijuana while pregnant. It's not an issue of whether it's legal--the issue is that it's dangerous for the child.
Use of marijuana while pregnant can cause a variety of problems, including restrict your... View More
They are not warrants related to children, and they are not warrants that would suggest our child is in immediate danger in their care. I was told by a family lawyer that if I send our child to visit with his father knowing he has warrants, and if he gets arrested, it could come back on me and... View More
answered on Feb 28, 2022
Yes, there's a chance that could be considered neglect.
If I were you, I'd be filing to modify the orders and doing so on an expedited basis. The current orders are unworkable given his situation, and you shouldn't be put in a position where you are choosing between obeying... View More
I’m barely scraping by living paycheck to paycheck because of how much I pay the mother of my daughter. I just want my monthly payments lowered and more time with my daughter. Is this possible?
answered on Feb 25, 2022
Potentially yes. We would not know for sure without running a child support worksheet. But if you have another biological or adopted child for which you are legally responsible, you get a credit for that on the worksheet and that should lower your child support. However, other factors may cause it... View More
The Mother of My Child told me she was taking her to visit family in Mexico, My child is a Citizen, a month passes I start to ask when my child will be back, she says within the next couple of weeks, I wait and nothing.. we go back and forth with the same result for a few months and then we have a... View More
answered on Feb 25, 2022
I know this is not what you want to hear, but all you can do is file in Mexico. Mexico has jurisdiction, Arizona doesn't.
There are two laws that bear on this, and both favor Mexico.
The first is the international treaty to decide child custody jurisdiction between two... View More
Father has never been involved at all. He wants to give up his rights to avoid child support. Also stated he does not want to be around his kids in a recording, has made multiple threats and has intimidated me for years. States I would be damaging my kids by forcing him to be around them.
answered on Feb 6, 2022
Your description raises a lot of concerns, but it's difficult to say what will happen in a case based on just a paragraph. A recording certainly helps your case, but he could still conceivably get time. Giving up his rights does not get him out of paying child support.
Your best... View More
answered on Feb 3, 2022
You can file to dismiss the case. If you served your spouse, you'll need to do it by stipulation or motion. If you have not served your spouse, you can simply file to withdraw the Petition.
I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... View More
answered on Jan 23, 2022
There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.
As for all other issues you raise, the two of you... View More
ASAP please
answered on Jan 21, 2022
Yes, you can call any family law attorney's office and speak to them confidentially about your children.
I am the last living relative to my mother-in-law who has died a week ago and I was not notified by anyone of the death I come to find that the state has already taken the animals that were on her property and with her dying with dementia she did not put me as an emergency contact the only... View More
answered on Jan 20, 2022
You should contact a probate attorney (not a family law attorney) as soon as possible.
answered on Jan 20, 2022
You should contact a probate attorney, and his estate is likely to go through the probate courts. Because he died without a will, his estate will go through a process called "intestacy" to determine who his heirs are. A probate attorney (a family law attorney is not a probate attorney)... View More
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