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?
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.
answered on Oct 12, 2018
You do not need to change your name. It is completely up to you.
And my granddaughter is a protected person should I file a non parent to establish legal decision making in loco parentis
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.... View More 
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?
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
Additional details to this question would be why the need for statues and codes that aren't in line with the uniform commercial code?
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... View More
No children.
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... View More
Considering there were no drugs involved -
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... View More
We have been married for 22 years, am I able to get any alimony from him? He is now 62 years old.
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... View More
Support stopped in 2016. Ex refuses to provide current income.
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.
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... View More
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!
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
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... View More
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... View More
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?
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.
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... View More
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... View More
answered on Aug 12, 2018
It would be the parent who would be held responsible, unless you are a legal guardian.
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