Get free answers to your legal questions from lawyers in your area.
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More
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,... View More
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... View More
answered on Jul 18, 2023
If the attorney is licensed to practice, the answer is yet. If you live in Arizona, the answer is yes.
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... View More
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.
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 .
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.
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... View More
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... View More
She has twice postponed her wedding date and I feel like it's just so that she can keep collecting spousal maintenance from me.
answered on Feb 9, 2022
Your options will depend on what was ordered by the Court. I recommend contacting an experienced family law attorney.
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... View More
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.
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... View More
answered on Jan 16, 2022
I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.
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?
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!
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... View More
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... View More
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... View More
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?
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."
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)
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.
We now live together and would like to have our old custody order parenting plan terminated.
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... View More
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
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... View More
1 child moved here already mom won’t allow second child to move
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.
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... View More
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... View More
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... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.