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Questions Answered by Randi Sirlin
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
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...
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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... Read more »

Randi Sirlin
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...
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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
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...
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1 Answer | Asked in Divorce for Arizona on
Q: Arizona: Do I HAVE to list anything for community property? Can my ex and myself leave these sections blank if we agree?

No children.

Randi Sirlin
Randi Sirlin answered on Sep 5, 2018

I don't know the specifics of your situation so please do not take this response as being legal advice.

If there are bank accounts, credit card accounts, other accounts, real property (a home and/or land, a building, etc.), those assets should be listed.

If you have items worth...
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1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: In a case of property damage under domestic violence, can the courty drug test and can you choose the test?

Considering there were no drugs involved -

Randi Sirlin
Randi Sirlin answered on Aug 28, 2018

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...
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1 Answer | Asked in Divorce, Family Law and Social Security for Arizona on
Q: How and what makes you qualification obtained alimony and Social Security benefits?

We have been married for 22 years, am I able to get any alimony from him? He is now 62 years old.

Randi Sirlin
Randi Sirlin answered on Aug 22, 2018

Your case is very fact based. Arizona used to have guidelines for payment of alimony (now called "spousal maintenance). When those guidelines were in place, and given what facts you have provided, you would have likely have qualified for "lifetime spousal maintenance.

Without...
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1 Answer | Asked in Child Support for Arizona on
Q: In a post decree case, child support was paid and then stopped due to income changes. Do I modify order/establish new?

Support stopped in 2016. Ex refuses to provide current income.

Randi Sirlin
Randi Sirlin answered on Aug 21, 2018

It really depends on your orders and the situation. You could subpoena his employment file for his income, you could file a Motion to Enforce, a Motion for Contempt, a Motion to Modify.

If you need further assistance, I advise you contact an experienced family law attorney.

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Should I file to modify child support? Modify parenting time? Decision making authority? Custody? All of the above?

My ex was supposed to have the kids every other weekend plus 2 weeks of vacation. In the 6 months since the parenting agreement went into effect he has not once taken them for the agreed upon time. He has not seen the kids in the last 8 weeks. This last weekend he emailed them both telling them not... Read more »

Randi Sirlin
Randi Sirlin answered on Aug 21, 2018

Yes, there are things you can do. You can file a motion to enforce, a motion for contempt, an ex-parte motion to have him tested and an emergency motion to terminate his parenting time.

I suggest you contact an experienced family law attorney to assist you. Hope this helps!

1 Answer | Asked in Divorce for Arizona on
Q: My domestic relations order stipulates that my ex will receive 16% of my retirement as of February 25 2011.

I am still at same job. Does she get a 16% cut of my total benefit when I retire or what I earned as of 2/25/2011

Randi Sirlin
Randi Sirlin answered on Aug 19, 2018

I would need to see your order to really be able to advise you, but in general, she will get the amount ordered as of February 25, 2011. Be sure that there is no clause in your order which includes an interest rate and/or penalty for not paying at that time.

I would get something from...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: me and my sons mother have joint custody but she hasnt seen him in 3 years how do i go about getting full custody?
Randi Sirlin
Randi Sirlin answered on Aug 17, 2018

That is a good question.

Custody is now called, "legal decision-making authority" and refers to major decisions regarding medical care, education, personal care and religion.

Visitation is now called, "parenting time."

In Arizona, if you want to change...
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1 Answer | Asked in Family Law and Divorce for Arizona on
Q: After I send the application for default, the court will have a divorce hearing but I can't go! I live in Europe now.

I've filed all the paperwork excluding the last piece (application for default). Once I mail this in they will schedule a court date. In any case I won't be able to attend because I live in France now with no means to return to Arizona.

How can I finish up this divorce?

Randi Sirlin
Randi Sirlin answered on Aug 15, 2018

I would file a Motion for Telephonic Appearance.

If you need assistance with that, you should contact an experienced family law attorney.

Nothing in this response should be construed as legal advice.

2 Answers | Asked in Family Law for Arizona on
Q: is It possible for grandparents to get visitation rights if they leave in a different state (ny)

I live in Arizona and her grandparents (my parents) live in NY. I have gone no contact with them since she was 2 months old. They saw her for 5 days when she was 2 weeks old. Is it possible for them to try to get some kind of visitation rights if we are in 2 different states? If so, is there... Read more »

Randi Sirlin
Randi Sirlin answered on Aug 15, 2018

The Supreme Court of the United States has ruled that parents ultimately have the right to make decision and that right is paramount to the rights of others.

Generally, grandparent time is now expected to take place during the parenting time of the parent and that parent can deny that if...
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1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: I'm married can I get in trouble for my step daughter not going to school
Randi Sirlin
Randi Sirlin answered on Aug 12, 2018

It would be the parent who would be held responsible, unless you are a legal guardian.

1 Answer | Asked in Divorce for Arizona on
Q: How can I undo the need for parenting classes for my adult children in divorce?

I filled out forms on-line for "divorce with no minor children", but when it asked me for biological or adopted children I filled in the info for my adult children. This automatically assigned summons for support and parenting classes. How do I remove this from our divorce?

Randi Sirlin
Randi Sirlin answered on Aug 9, 2018

If no Response has been filed, you can file an Amended Petition. If a Response has been filed, you must file a request with the court called, "Motion for Leave of Court to Amend.

If you need assistance, I recommend meeting with an experienced Family Law Attorney.

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How should parenting time be calculated?

I have my kids from 6:30 pm until I drop them off at school at 7:20 am and their father has them from 2:00 pm-6:30 pm Monday-Friday. We switch every other weekend.

Randi Sirlin
Randi Sirlin answered on Aug 9, 2018

While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Ex may have overpaid child support by $11984. Do I have to pay him back? If so, all at once? Or is that now "credit"?

Also, I read something about court being able to take into account his "earning potential"... based on his education and experience, he should/could still be in financial management with a good salary, 401k, health insurance, etc. etc. Now don’t have any of that, and he’s looking to... Read more »

Randi Sirlin
Randi Sirlin answered on Aug 8, 2018

The answer to your questions is, "it depends."

Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.

While I can't tell you whether you will have to pay it...
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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Will an arrears balance cause a legal business/personal issue, even if the NCP is paying monthly?

The NCP in our case has a considerable arrears balance (over 20k). The NCP pays monthly, as ordered, toward current and future child support. Recently, he offered an unacceptably low settlement offer on the arrears and seems to impatiently and angrily reaching out to family and friends about... Read more »

Randi Sirlin
Randi Sirlin answered on Aug 8, 2018

You can easily research which licenses he might not be able to receive with a child support judgment.

I am not sure what an "NCP" is, but unless there is a judgment, I can't imagine anything would hold up his licenses.

I don't know the particular facts about his...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: married less than 14 days and we moved on. 23 years later she filed for divorce. What happens in this situation?
Randi Sirlin
Randi Sirlin answered on Jul 26, 2018

The danger of staying married and not getting an actual divorce is that, not only can you not re-marry during that time, but the parties, unless they can agree otherwise, will have to equitably divide the debt and assets which have accumulated even though you are not co-habitating.

If you...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: In AZ, are there further steps to take after signing and notarizing, printed custody agreement, outside of court?
Randi Sirlin
Randi Sirlin answered on Jul 25, 2018

It depends. If either of you already filed something in court, then you need to submit your signed, notarized printed custody agreement with the Court for signature.

If you did not file anything in Court, you can probably do nothing or you could record the agreement.

If you did not...
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1 Answer | Asked in Child Support for Arizona on
Q: My ex claims I owe him money. Our child support agreement is pretty straightforward in saying I must pay for child care

I am court ordered to pay for child care but our daughter hasn't gone to day care in over 2 years. I still send money because she's my daughter. I've recently had a change of finance where I cannot work full time, therefore I cannot send as much. The court order hasn't changed... Read more »

Randi Sirlin
Randi Sirlin answered on Jul 20, 2018

While I do not know all of the particular facts in your case, I am not able to provide legal advice, however, I can provide you with information.

In most cases in Arizona, you will need to file a Petition to Modify Child Support. Payments made to the other parent, without being through the...
Read more »

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