Questions Answered by Randi Sirlin

Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Jan 13, 2019
Randi Sirlin's answer
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.

If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.

There are endless options for parenting plans and finding out what is best for your girls.

I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...

Q: do you all help with child custody in a gay relationship?

1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on
Answered on Dec 12, 2018
Randi Sirlin's answer
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

Q: Will property acquired prior to marriage law remain in effect even though the new wifes name was added later?

1 Answer | Asked in Divorce for Arizona on
Answered on Nov 30, 2018
Randi Sirlin's answer
There is no black and white when it comes to the law. However, in general, if you added your Wife's name to the title, the presumption is that you "made a gift" to the community.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

Q: What would be a valid reason to request telephonic hearing for a custody case?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Nov 9, 2018
Randi Sirlin's answer
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.

If it were me, I would address the probation violation with a criminal defense attorney.

If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...

Q: Is it true that any conviction in appeal is not a true conviction until the appellate process is exhausted?

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Answered on Nov 1, 2018
Randi Sirlin's answer
No. Not everyone appeals. To appeal, you must take certain steps within specific time frames. If you need assistance, I recommend contacting an experienced attorney.

Q: If I don't like a decision from a lower court, where do I go next?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Answered on Nov 1, 2018
Randi Sirlin's answer
You can appeal to the superior court. IF you need assistance, I recommend contacting an experienced attorney.

Q: Where do I look for publications if someone is trying to notify me of a summons and don't know where to find me?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Nov 1, 2018
Randi Sirlin's answer
Someone can publish in ANY periodical of general distribution, which could be some small publication you will never find.

I recommend going to superiorcourt.maricopa.gov and look under "case information." Put in your name and or the other person's name.

If you need help with the case, I recommend consulting with an experienced family law attorney.

Q: I am in need of a divorce lawyer in Phoenix, AZ. I am married to a British man and have passed the time for an

1 Answer | Asked in Divorce for Arizona on
Answered on Oct 29, 2018
Randi Sirlin's answer
You may still be able to obtain a Decree of Annulment.

There is no time limit. You must simply show an impediment to marriage existed.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

Q: If I am not directly served with a petition and don't go to court can I lose my rights in a custody case?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Oct 25, 2018
Randi Sirlin's answer
If you avoid being served and you don't show up, the Court may enter a "default" judgment and your position will not be taken into consideration.

Q: Do I have to change my surname after I get divorced?

1 Answer | Asked in Divorce for Arizona on
Answered on Oct 12, 2018
Randi Sirlin's answer
You do not need to change your name. It is completely up to you.

Q: I have been given my granddaughter because my daughter was served with an order of protection from her ex boyfriend

1 Answer | Asked in Family Law for Arizona on
Answered on Sep 27, 2018
Randi Sirlin's answer
If the mother and the father have a case which was filed with the Maricopa Superior Court, you can file as a "third party" intervening in that case," and should be able to accomplish your goals, unless the Father objects. If that happens, the case becomes more fact specific.

If the parents do not have anything filed with the Court (or domesticated by the Court, you can file for guardianship. The statutes and rules are not the same as the statutes and rules for family court.

I...

Q: Privacy of communication between children and non-custodial parent

1 Answer | Asked in Child Custody and Communications Law for Arizona on
Answered on Sep 25, 2018
Randi Sirlin's answer
In terms of what is legal in the State of Arizona, this depends, in part, on what your parenting plan states.

Most parenting plans do contain clauses regarding communications between the parent who is not with the children and the children and a good parenting plan will include orders that the parents allow privacy for the child and communicating parent, so long as there are no concerns regarding inappropriate communications.

If your parenting plan does not have the appropriate...

Q: Can I receive full custody of my 3yr old if his father has never been around and is now going to prison in Arizona?

1 Answer | Asked in Child Custody for Arizona on
Answered on Sep 19, 2018
Randi Sirlin's answer
I am not permitted to give you legal advice without meeting with you, but given the information you have provided, I can provide information to you.

There really are not "grandparent rights" anymore, as parents have the ultimate right to determine who spends time with their children.

If the grandmother attempts to pick up your son again, you can call the police.

Based upon the information you provided, you would likely be given "sole legal decision-making authority,"...

Q: can someone help me with my family case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Sep 18, 2018
Randi Sirlin's answer
Prior to filing an appeal, you will need to file a post-judgment motion regarding what took place on the 12th.

If you need assistance, I recommend contacting an experienced family law attorney.

Q: How can I stop my spous from taking our children to another country for vacation?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Sep 17, 2018
Randi Sirlin's answer
Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.

You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court....

Q: Can unmarried mother of 6 mo child move out of AZ, if father wants child to stay? Lived together 3 yrs, no court orders.

1 Answer | Asked in Child Custody for Arizona on
Answered on Sep 13, 2018
Randi Sirlin's answer
Until recently, the answer to your question was a yes. Now it is more complex, If the Father signed the birth certificate at the hospital.

However, there are ways through the Courts to get permission to move and though various motions.

I recommend contacting an experienced family law attorney to help you out further.

Q: How likely would it be for me to get full custody of my son? I am gathering information right now

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Answered on Sep 12, 2018
Randi Sirlin's answer
Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.

This is sometimes based upon who has historically made these decisions, but the result will be dependent upon your particular circumstances.

If you are asking about parenting time, this is also very fact based and will depend on the age of your son, how his adjustment to his home, school and...

Q: Wasn't the uniform commercial code established to bring forth a universal system for all states and if so why?

3 Answers | Asked in Business Law for Arizona on
Answered on Sep 11, 2018
Randi Sirlin's answer
This question does not appear to me to be related to family law. I would need much more detail to answer your question.

Nothing in this response should be construed as providing legal advice.

If you need assistance, I recommend you contact an experienced attorney who is familiar with the U.C.C. (Uniform Commercial Code).

Q: Arizona: Do I HAVE to list anything for community property? Can my ex and myself leave these sections blank if we agree?

1 Answer | Asked in Divorce for Arizona on
Answered on Sep 5, 2018
Randi Sirlin's answer
I don't know the specifics of your situation so please do not take this response as being legal advice.

If there are bank accounts, credit card accounts, other accounts, real property (a home and/or land, a building, etc.), those assets should be listed.

If you have items worth less than $200 each, you can certainly leave whatever off you would like.

Keep in mind that, if a dispute arises later, leaving assets out will leave you with little recourse in the future....

Q: In a case of property damage under domestic violence, can the courty drug test and can you choose the test?

1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Answered on Aug 28, 2018
Randi Sirlin's answer
Before I answer your questions, I would want more information. Was someone convicted of domestic violence for property damage? Did the State get involved in terms of charging the perpetrator? Did the victim desire prosecution? Did the victim agree to testify?

If you have a family law matter pending in the Superior Court of Maricopa County, your judge will likely take over jurisdiction for your case and can definitely order drug testing. To the best of my knowledge, the person being...

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