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...
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.
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...
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....
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...
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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