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Questions Answered by Randi Sirlin

1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on

Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ

Randi Sirlin answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

2 Answers | Asked in Child Support for Arizona on

Q: Is a biological father responsible for back child support, the child is 7 and he was just put on the b/c this year

Randi Sirlin answered on Jun 3, 2019

A parent can ask for back child support regardless of the birth certificate. In terms of how long back, how to address the issue from either side, etc., I suggest you contact an experienced family law attorney.

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1 Answer | Asked in Child Custody and Family Law for Arizona on

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

I have two daughters who are 4 and 3 years old. They currently live in AZ with the mother, I live in Chicago, IL. I'd like to get full custody of them because I do believe and have reasons why it would be in the best interests of the girls. Yet, I know that the courts do not usually favor with the... Read more »

Randi Sirlin answered on Jan 13, 2019

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...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on

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

i was with a woman 7/8 yrs (common law married) we have a child I paid for and inserted/incriminated the sperm my mom and I took care of ALL the daycare expenses until our daughter started school when she was three. Our daughter is 7yrs old now i have NOT once claimed her on my taxes yet i PAY FOR... Read more »

Randi Sirlin answered on Dec 12, 2018

I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

1 Answer | Asked in Divorce for Arizona on

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

I purchased a home in 2008 as a single man, got married in 2011, and refinanced (with her name on the new loan) in 2014. Does that re-fi

wipe out the provision of community property "prior to marriage" being non community property?

Randi Sirlin answered on Nov 30, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Arizona on

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

My ex and I have been petitioned for custody by his soon to be ex wife. He currently has sole custody and I have visitation. His soon to be ex wife has petitioned us for custody of our 4 yr old. I currently have a warrant for probation violation. It was mentioned to me I should ask to have a... Read more »

Randi Sirlin answered on Nov 9, 2018

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...
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1 Answer | Asked in Appeals / Appellate Law for Arizona on

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

Randi Sirlin answered on Nov 1, 2018

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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on

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

A judge in a small town court issued a restraining order to the other party, without me even in the court room. When I protested this, in court, he not only let the RO stay, but didn't allow me to testify.

Randi Sirlin answered on Nov 1, 2018

You can appeal to the superior court. IF you need assistance, I recommend contacting an experienced attorney.

1 Answer | Asked in Family Law and Child Custody for Arizona on

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?

Someone has petitioned me for custody but has my whereabouts as unknown. So in order to serve me they would have to do a notify by publication I believe. But I have no idea where to look

Randi Sirlin answered on Nov 1, 2018

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...
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1 Answer | Asked in Divorce for Arizona on

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

annulment. We separated 4 months after getting married, he left back to England, and we have been estranged for 2 years. Can I still get an annulment? How do I move forward in legally divorcing this man?

Randi Sirlin answered on Oct 29, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Arizona on

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?

My sons dad is getting divorced and his ex is trying for custody of our son. I have legal matters myself that are making it difficult for me to go to court. So if I avoid getting served what happens if I don't go? If I wasn't served then I didn't know right?

Randi Sirlin answered on Oct 25, 2018

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.

1 Answer | Asked in Divorce for Arizona on

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

Randi Sirlin answered on Oct 12, 2018

You do not need to change your name. It is completely up to you.

1 Answer | Asked in Family Law for Arizona on

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

And my granddaughter is a protected person should I file a non parent to establish legal decision making in loco parentis

Randi Sirlin answered on Sep 27, 2018

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...
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1 Answer | Asked in Child Custody and Communications Law for Arizona on

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

I am recently divorced and my ex-wife is monitoring texts between me and my children, as well as hovering over them whIle we talk on the phone. Is this legal in the state of Arizona? Don't I have some form of privacy allotted to me when talking with my children?

Randi Sirlin answered on Sep 25, 2018

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...
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1 Answer | Asked in Child Custody for Arizona on

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?

The grandmother recently picked my son up for a visit and allowed him to stay in a halfway house with his father without my knowledge, she said my boy was going to stay with her and visit his father before he goes to prison, instead she allowed my son to stay in a halfway house for 2 nights and is... Read more »

Randi Sirlin answered on Sep 19, 2018

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....
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on

Q: can someone help me with my family case.

Name is xxx. I am in need of help with my family case and I just had my hearing for child support on the 12th and I was builled by father and the judge and i need help with filing appeal and visitation and I'm going to need a Lawler by my side. My child has never met him I have pruff he lied in... Read more »

Randi Sirlin answered on Sep 18, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Arizona on

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

We’re separated, but not legally separated or divorced yet. He doesn’t live with us but he helps pay our bills. I’m the only care giver for the children.

He’s visiting town now, and wants to take kids to another country for few weeks. How can I stop him? Do I have the legal right... Read more »

Randi Sirlin answered on Sep 17, 2018

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...
Read more »

1 Answer | Asked in Child Custody for Arizona on

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.

Mother employed with clean record, income and health insurance for child. - Father unemployed, heavy alcohol user and recent admitted meth drug user. Neither parent has filed for custody in courts. Mother left shared rental unit with child after father admitted meth use. Is it required mother get... Read more »

Randi Sirlin answered on Sep 13, 2018

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...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on

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

My husband and I are married and live together. He has no complete education, no steady employment nor history of employment, and has had to serve community service for disorderly conduct.

I am a high school&trade school graduate with a history or steady employment. I am also returning to... Read more »

Randi Sirlin answered on Sep 12, 2018

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...
Read more »

3 Answers | Asked in Business Law for Arizona on

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

Additional details to this question would be why the need for statues and codes that aren't in line with the uniform commercial code?

Randi Sirlin answered on Sep 11, 2018

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...
Read more »

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