John R Gaertner Jr's answer You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
John R Gaertner Jr's answer Of course you have rights, however, you are going to have to go to Court and fight for those rights. If Mother has not already filed you should do so immediately. Since Mother appears to be the controlling and limiting type, when you file you should also file a Motion for Temporary Orders so that the Court can address the matters more quickly.
John R Gaertner Jr's answer Arizona maintains jurisdiction of the matter as the state where the initial orders originated. The child support order from Arizona terminates when your son turns 18 or when he graduates from high school, whichever occurs last. If you are paying child support currently and child support by law should end, you should file a Petition/Motion to terminate child support at this time, provided your child is graduating high school this May 2018.
John R Gaertner Jr's answer In my experience with these matters the Court will not order a test during pregnancy if Mother opposes. Also, if Mother opposes you being present during doctor visits, the doctors office will exclude you from being there. You are in for a fight in this case and should be prepared to meet much greater resistance from Mother as the birth of your child draws near.
John R Gaertner Jr's answer Your daughter should be represented at mediation. Many times abused spouses are intimidated by their abusers at mediations and the mediators do not understand the dynamics of the abusive situation the one parent has experienced at the hand of their spouse. As a result the mediator is focussed on a deal that resolves the matter but often times favors the abuser. Since there are children involved and Father is abusive as well as aggressive in court, this matter needs to be handled aggressively...
John R Gaertner Jr's answer The order is clear that the parties must ("shall") exchange financial information every 24 months. If your ex does not. you can file a Petition to Enforce the Consent Decree and request the Court sanction him for his failure to comply and force him to produce the records. Inform your ex that if he does not produce the information by a certain date (give him just another week or so), you will be going to the Court to resolve his Contempt.
John R Gaertner Jr's answer If the children have lived/resided in AZ for the past 6 consecutive months, then the matter should be brought in AZ. That is where you would start. The Petition that needs to be filed is a Petition to Establish Paternity, Legal Decision Making Authority, Parenting Time and Child Support. Paternity appears to be a non-issue but will still have to be established. This will no doubt be complicated for Father given that he lives out of state and Mother does not appear to be a cooperative parent.
John R Gaertner Jr's answer You need to file a motion to modify child support immediately. If you do not the present orders regarding child support and the wage assignment will remain in full force. Waiting any longer is a big mistake!
John R Gaertner Jr's answer You must file a Petition to Establish Paternity, Legal Decision Making, and Patenting Time. Paternity will be easy because there is already a child support order that has you as the biological Father of the children. The process is fairly easy and forms are available from the court. If Mother has an attorney, I would advise you to do the same.
John R Gaertner Jr's answer Father must file for Dissolution of the Marriage and request that the child be immediately returned to AZ (the home state of the child). Waiting on this issue is extremely damaging to your son's chances of having the child returned to Arizona. Also, if he waits, Wife will probably be able to file for Divorce/Dissolution in Idaho and Father will have to defend in that state. I advise getting a court order for the return of the child. In my opinion it would be a mistake to travel to Idaho and...
John R Gaertner Jr's answer If you actually served your Husband with the initial pleadings, you can begin the default process if he did not respond within 20 days from when he was served. As for child support, if you had an agreement as to this issue and now circumstances have changed, you will need to modify child support. Given your fact scenario, this may be a bit complicated.
John R Gaertner Jr's answer Not that I know of. The court should be concerned regarding the issues that you are referring to. Exposure to these sorts of matters can have devastating and long lasting influences on children. I suggest that the parent in the case, your daughter, file either a request for mediation to discuss these matters or file a Motion with the court to address inappropriate viewing and exposure to adult matters by the Father. Most attorneys offer free initial consultations.
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