Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Randi Sirlin
1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: My daughter is filing for divorce with a child. Can the father come and take the child before the papers are filed.

He is the paternal father. He has been verbally and emotionally abusive. We are waiting on a consultation with a lawyer 2 weeks out. Can he come and take the child before the papers are filed?

Randi Sirlin
Randi Sirlin
answered on Jan 26, 2018

You should file a Petition for Order of Protection and make sure it includes the child.

1 Answer | Asked in Divorce for Arizona on
Q: We have a child but neither of us have custody. Is this a with or without children divorce? we live in separate states.

I live in az he lives in ca and got married in Nevada does this effect anything?

Randi Sirlin
Randi Sirlin
answered on Jan 21, 2018

While I can't give you legal advice without knowing more about your situation and particular circumstances, I can let you know what I would do given the information provided.

If you have a child and you are getting a divorce, it would be a divorce with minor child(ren).

If your...
View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: my ex is living with someone that is using drugs. He has weekend custody of our 2 yr. Can i do anything about it?
Randi Sirlin
Randi Sirlin
answered on Jan 19, 2018

Yes. You can file an emergency petition with and without notice for modification of parenting time.

1 Answer | Asked in Child Support for Arizona on
Q: Can my ex ask for child support back?

I was called out of town on a family emergency, and my ex needed to keep the children for 10 days, while I helped my sick father. He stated that he would, but needed to have that weeks child support back. It comes out of his check automatically. He works from home, and had no need for child care... View More

Randi Sirlin
Randi Sirlin
answered on Jan 17, 2018

If there is a current order for child support, child support has to be paid in accordance with the Order.

2 Answers | Asked in Child Support for Arizona on
Q: how can I stop child support if I am recovery of two heart surgeries?

I want to know what is the procedure to stop my child support payments to the court , I had two heart surgeries , the first one Nov.1, 2017 for repair of one heart valve and the second one at Nov. 17th ,2017 for Cardiac Arrest for use of Coumadin treatment I had all my medical record from the... View More

Randi Sirlin
Randi Sirlin
answered on Jan 17, 2018

While I cannot give you legal advice, I can provide you with legal information to help you.

You need to file an Emergency Petition to Modify Child Support and include the reasons why you need a Modification. You should do this immediately.

Can you end up in jail if the other party...
View More

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Is it illegal to run away from home?

Thank you.

Randi Sirlin
Randi Sirlin
answered on Jan 17, 2018

It most likely is illegal under juvenile law, but most likely not illegal under family law in Arizona. However, circumstances of each person could alter the answer.

2 Answers | Asked in Domestic Violence for Arizona on
Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst

My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in... View More

Randi Sirlin
Randi Sirlin
answered on Jan 17, 2018

While I am not able to give you legal advice, I can provide information to help You. You can request a hearing on the Order of Protection or Injunction against Harassment.

If you do not want her living there, but do not have a lease, I recommend you give her notice, in writing, certified...
View More

View More Answers

1 Answer | Asked in Divorce and Collections for Arizona on
Q: Divorce decree follow through...what to do if it's not being followed through with?

Ex-husband ordered to pay certain bill and now collection agency is calling me

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2018

While I can't give you legal advice, I can give you information Your situation is what the Court calls a, "Post-Decree" matter.

I would get proof that he is not paying the bills, and file for Contempt of Court. If you file for Contempt of Court, it is important that you...
View More

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can my new stepmother and her children inherit everything if my dad passes away.

When my mother passed away in 2010 my father had to put everything that was under her name into his name to make all of her properties his ( in Honduras and CA, USA) he just remarried this lady in honduras and petition her and her three children for their green card, she is In her late 30's... View More

Randi Sirlin
Randi Sirlin
answered on Jan 15, 2018

I believe the best answer to this question is to ask your Father if he has a will and whether he would be willing to show it to you so you can put it in a safe deposit box. However, your Father CAN will everything to this woman if he is of sound mind.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I travel often with my girlfriends son (camping, hunting, etc.). Do I need a POA or guardianship in case of accident?

My girlfriend and her husband separated several years ago and co-parent well. Her son and I usually spend one weekend each month outdoors, be it camping, fishing, hunting or backpacking, often without his mom. His parents are both supportive of this, as it is in-line with their parenting plans, and... View More

Randi Sirlin
Randi Sirlin
answered on Jan 15, 2018

I think it would be a good idea for the parents to write a letter, which you keep in the car, stating that the child is there with their permission.

If you discuss it with them and they agree, I would suggest a limited power of attorney to make an emergency decision if you are not able to...
View More

View More Answers

1 Answer | Asked in Divorce for Arizona on
Q: I need help preparing an answer to a divorce petition and I am currently unemployed.I need help right away.

I have less than 20 days to respond.

Randi Sirlin
Randi Sirlin
answered on Jan 12, 2018

There are free forms at superiorcourt.maricopa.gov. I can fill it out with you for a fee of $150.

1 Answer | Asked in Family Law for Arizona on
Q: Father lives in AL, us AZ, having hard time getting cs order established because waiting on AL. Is there any other way

He moved to AL before birth, filed in AZ because that’s where we live, turned in all paperwork, submitted to AL but still waiting on them to serve him. Is there any other way to get this done faster, it’s already been 9 months

Randi Sirlin
Randi Sirlin
answered on Jan 10, 2018

If he hasn't domesticated the judgment in Alabama, and you live in Arizona, Arizona has exclusive jurisdiction over the child support order and it can still be pursued here. Please contact me at 602-561-8107 if you would like further direction.

1 Answer | Asked in Divorce for Arizona on
Q: im in the process of getting divorced and before we married i own a home in gilbert,az, is my ex going to get any part o
Randi Sirlin
Randi Sirlin
answered on Jan 8, 2018

If you used wages to make mortgage payments during the marriage, he may have what is called a "community property" interest in your separate property asset. There is something called a "Drahos" calculation.

I would be happy to tell you more at 602-561-8107

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Ex is in jail. We have joint custody.Can he assign parenting time to someone else.
Randi Sirlin
Randi Sirlin
answered on Jan 8, 2018

I would need to know how long he is in jail and how long he is going to be there. If you have 50/50 parenting time and he is going to be in jail for some time, you can file a Petition for Modification of Legal Decision Making, Parenting Time and Child Support.

He does not have the right to...
View More

View More Answers

1 Answer | Asked in Child Support for Arizona on
Q: My ex girlfriend did not show up for child support the first time. Can she still file me again?

I still paid 150 each time I get paid bi weekly, for both of my kids. And I told her I would give her 2000 for both kids too, 1000 for 1 child, the other 1000 from taxes. But I told her some of that I have left over would go into my savings, but she got upset and is going to file me for tax fraud... View More

Randi Sirlin
Randi Sirlin
answered on Jan 5, 2018

The Answer may be more extensive depending on whether you and she made agreements in writing and signed them.

Yes, she can file again. She has to timely serve you with a copy of a new Petition for Modification of Child Support. You then must file and provide to her a Response and a...
View More

1 Answer | Asked in Child Support for Arizona on
Q: Can my ex still file child support after a no show the first time?
Randi Sirlin
Randi Sirlin
answered on Jan 5, 2018

While I can't give you legal advice without knowing more about your circumstances, I can let you know what usually happens in Arizona.

If your ex ever received Department of Economic benefits, such as AHCCCS or food stamps, the attorney general may go after child support later on....
View More

1 Answer | Asked in Family Law for Arizona on
Q: What do i do if the mother change her address and her cell phone number and i can't located my kids?

she only send me a text message the she live another place . but she right away change her number and never send me the new address. a send a notified letter with her mom, where she was living. and not answer. i live in AZ . what can i do?

Randi Sirlin
Randi Sirlin
answered on Jan 4, 2018

Without having more information about your case, I cannot give you legal advice, but I can give you some information:

If you signed the birth certificate with the hospital, you and other Fathers now (finally!) have rights without having to prove you are the father in Court.

If you...
View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My x husband is leaving on a deployment. Shouldn’t I be entitled as their mother to have them? I have legal decision.

He wants their step mom to watch them, but she has no legal rights to make for them. What Arizona law gives the other parent authority over a step parent to keep them while he is gone. Our parenting plan is one week at his house- one week at mine. Pls help!

Randi Sirlin
Randi Sirlin
answered on Jan 3, 2018

Parents have rights to raise their children over any other persons (so long as they are fit). You will need to look at Arizona Revised Statutes 25-408 and 25-411. You can Google them.

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: How can i find out who has jurisdiction regarding my divorce and the custody of my daughter?

The state I'm in right now (Arizona) says that they don't have any record of them filing for transfer of jurisdiction from New Mexico and New Mexico says they can't tell me anything about it so then I found out he moved to Louisiana. how do I go about finding out what I need to... View More

Randi Sirlin
Randi Sirlin
answered on Jan 2, 2018

Unfortunately, I am only licensed to practice in Arizona and can't answer your question for that reason.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.