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Questions Answered by Randi Sirlin
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 »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What should I file if the respondent in a custody case filed a response but never showed up to court? Default decree?

Default decree without a hearing

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

I would need to know more about your matter in order to answer the question. In some counties in Arizona, you may set up an account with the court's electronic filing system. It is important that you enter into the registration system the driver's license currently on file with the... Read more »

2 Answers | Asked in Family Law for Arizona on
Q: How do i go about getting guardianship of my grandson age 14

I need to get him into school and medical insurance for him. The only thing sent with him was hand written note from my daughter. (Not notarized or witnessed) and his immunization records and school withdrawal letter. My grandson lived in Alamogordo. NM. And i live in Apache Junction, AZ.

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

Because I do not know the facts of your situation, including the status of the parents and your relationship to the child, I am not able to answer the question. However, you should contact an experienced family law attorney and, if you are not happy with the results you obtain in court, contact an... Read more »

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2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... Read more »

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

If you do not have a parenting time order, law enforcement may not do anything to help you. You should contact an experienced family law attorney and, if you are unhappy with the result you obtain in court, contact an experienced family law appeals attorney to inquire as to whether you may be able... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

You likely will not be able to ask for parenting time or legal decision-making (formally called "custody") at a IV-D hearing. Also, you may need to domesticate the Wisconsin judgment. Finally, there is a fee to be paid for filing any action and service must be effectuated. You should... Read more »

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3 Answers | Asked in Family Law for Arizona on
Q: My friend got put in jail for not paying child support. She hasn't gone to court yet for sentencing and the jail won't

The jail won't let me bail her out. They didn't give her a lawyer or anything. And Im trying to help her but can't afford a lawyer. The jail is telling me she needs to go to court and bail needs to be posted there, but she won't be released until the court date. I am honestly... Read more »

Randi Sirlin
Randi Sirlin answered on Dec 2, 2020

She will need to wait to be arraigned. Some judges require the bond be the "purge" amount of child support owed, but other judges just want the person to start making some payments. If someone cannot afford their child support, it is their responsiblity to file for modification of child... Read more »

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1 Answer | Asked in Child Custody for Arizona on
Q: I have a question my son is resign under his father we do have 50/50 custody. If I move out of the states can he

File full custody even tho I let the court know I move out of state for what’s best for my son

Randi Sirlin
Randi Sirlin answered on Sep 28, 2020

You can not take your son and move him out of state without a court order. You should contact an experienced family law attorney to discuss a relocation case.

1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

Arizona currently uses the 2018 Arizona Child Support Calculator. This is available for your use online. Part of any child support calculation includes a "self-support" test. The legislature has set a certain amount (currently $1,400) as the amount you need to support yourself. If you do... Read more »

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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
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
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... Read more »

Randi Sirlin
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...
Read more »

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
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

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