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Questions Answered by Randi Sirlin
2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... Read more »

Randi Sirlin
Randi Sirlin
answered on Sep 14, 2022

It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: do i legally have to give a drug test being requested from arizona dcs if its not court ordered?

long story short baby was born showing withdrawl symptoms from mom using fetanyl while pregnat , dcs was called and now is telling me the father that i need to take a drug test in order for baby to be dismissed to me when healthy. they called me with a time and place to take it , i asked for a... Read more »

Randi Sirlin
Randi Sirlin
answered on Apr 16, 2023

If DCS is requiring the 9-panel test, you will most likely need to take it if you want DCS to release your child upon the child being healthy.

I recommend speaking with an an experienced attorney who specializes in family law cases.

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Legally married but separated. I stayed w/ 2 kids and she took the other child. I make more than her can I get her on cs

I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

You would need to be legally separated or have a case in the Superior Court regarding legal decision-making and parenting time to get child support.

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1 Answer | Asked in Divorce for Arizona on
Q: My ex-wife has been engaged for over two years. Anything I can do to discontinue spousal maintenance payments? Arizona

She has twice postponed her wedding date and I feel like it's just so that she can keep collecting spousal maintenance from me.

Randi Sirlin
Randi Sirlin
answered on Feb 9, 2022

Your options will depend on what was ordered by the Court. I recommend contacting an experienced family law attorney.

3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the... Read more »

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2022

I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.

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4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

Randi Sirlin
Randi Sirlin
answered on Jan 12, 2022

You can absolutely try to do this via a Motion to Continue and a proposed Order. However, it is important that you contact an experienced family law attorney as soon as possible. Good luck!

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3 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Is there still such thing as final decision making in AZ? Ex filed a request to modify child support & parenting time

Our current plan has me as final decision maker as I've had our child 90% of the time, but now in his proposed parenting plan he has changed all the wording and taken that out and wants 50/50 as he's moving closer. What do you think will happen? I'm also a teacher and have had final... Read more »

Randi Sirlin
Randi Sirlin
answered on Nov 7, 2021

Yes, there is still the option of one parent having final decision-making authority. I would really need to know more about your situation. Any parent can make allegations and attempt to change the orders, but many requirements must be met. I recommend contacting an experienced family law attorney... Read more »

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2 Answers | Asked in Divorce for Arizona on
Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?
Randi Sirlin
Randi Sirlin
answered on Nov 6, 2021

I would go ahead and sell prior to filing for divorce. That way, you will both have funds available (as opposed to bills) and you will not have ownership of the house as a possible problem if either of you want to buy a residence during the divorce process. I suggest you contact an experienced... Read more »

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2 Answers | Asked in Divorce for Arizona on
Q: In a divorce can I have my husband op out of dipping into my retirement account

In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67

Can it be on record through the court?

Randi Sirlin
Randi Sirlin
answered on Oct 31, 2021

In any divorce, the parties can reach an equitable settlement which can be ordered by the court, so the answer to your question is, "yes."

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2 Answers | Asked in Divorce for Arizona on
Q: My husband filed for divorce in Maricopa county after we had both moved to Yuma county 3 months before. He plans on

Staying in Yuma indefinitely for work. Can I file a motion to dismiss the divorce case because Maricopa county does NOT have jurisdiction? (P.S. I do not want the divorce)

Randi Sirlin
Randi Sirlin
answered on Oct 19, 2021

Maricopa county has jurisdiction if he has been living here for 90 days prior to filimg but you can file for a change in venue.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What forms would I fill out to terminate parenting plan? If me and the other parent are in agreement.

We now live together and would like to have our old custody order parenting plan terminated.

Randi Sirlin
Randi Sirlin
answered on Aug 6, 2021

The court will have to approve any parenting plan you file. There may not be a form for a stipulated modification of legal decision-making and parenting time. The court will also have to approve any stipulated modification of child support. I suggest you contact an experienced family law attorney... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: I want to file for custody of my son. We have a protection order against his father. I’m not sure how would go in court

His father is severely mentally ill has been for the past 2 years and it has gotten out of hand on top of drug use and homelessness from the father

Randi Sirlin
Randi Sirlin
answered on Aug 3, 2021

I do not know the status of your matter (whether there are any prior orders or whether you are starting a new case) and I am not able to give you legal advice without knowing more information, but whether you have an ongoing case or not, you will want to gather as much evidence as possible and then... Read more »

3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin
answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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2 Answers | Asked in Child Support and Family Law for Arizona on
Q: How do I go about petitioning the Supreme Court of AZ if my rights in a family/child support case have been violated?

Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... Read more »

Randi Sirlin
Randi Sirlin
answered on Jul 15, 2021

Depending on when the decision was filed by the clerk of the superior court, you have the option of filing a Motion for Reconsideration, a "Rule 83 Motion" is the decision was issued within the past 25 days or a "Rule 85 Motion" if it was issued no more than 6 months ago. To... Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I’m at a loss as what to do. My ex and his wife are harassing me every day about what I can and can’t do with my kids.

My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »

Randi Sirlin
Randi Sirlin
answered on Jul 15, 2021

You should obtain a certified copy of the Order from the court in Illinois and file to "domesticate the judgment." Then you will need to address the issues in mediation or, if unsuccessful in mediation, through the Superior Court. There may be a form available to domesticate the judgment... Read more »

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2 Answers | Asked in Divorce for Arizona on
Q: I filed thinking we would agree on the settlement, she came back asking for way more than her fair share. Next step?

In her response she came back asking for more money, more property, demanding she stay on my cell phone plan, and I have to keep her on my health insurance. I agree to her request for the health insurance and VA education benefits per eligibility requirements with Tri-care and the VA. I have... Read more »

Randi Sirlin
Randi Sirlin
answered on May 21, 2021

You should at least have an experienced family law attorney review your new proposal and you should always have an attorney if you have a court hearing.

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1 Answer | Asked in Child Support for Arizona on
Q: Are child care expenses to be paid from the child support I recieve?

We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.

Randi Sirlin
Randi Sirlin
answered on Apr 21, 2021

The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between... Read more »

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