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Questions Answered by Randi Sirlin
3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

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... Read more »

Randi Sirlin
Randi Sirlin 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.

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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

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... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.

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4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

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?

Randi Sirlin
Randi Sirlin 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!

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3 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Is there still such thing as final decision making in AZ? Ex filed a request to modify child support & parenting time

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... Read more »

Randi Sirlin
Randi Sirlin 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... Read more »

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2 Answers | Asked in Divorce for Arizona on
Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?
Randi Sirlin
Randi Sirlin 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... Read more »

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2 Answers | Asked in Divorce for Arizona on
Q: In a divorce can I have my husband op out of dipping into my retirement account

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?

Randi Sirlin
Randi Sirlin 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."

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2 Answers | Asked in Divorce for Arizona on
Q: My husband filed for divorce in Maricopa county after we had both moved to Yuma county 3 months before. He plans on

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)

Randi Sirlin
Randi Sirlin 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.

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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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