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 any of the procedures set forth by Maricopa County Child Support Guidelines. How do I defend myself?
If your case is eligible to be appealed, you need to start by filing a Notice of Appeal. Appeals go through the Arizona Court of Appeals before they go to the Arizona Supreme Court.
That said, appeals are difficult and knowing whether you're eligible to even file an appeal involves some significant legal technicalities. But generally, you must file the Notice within 30 days of the Court resolving all the issues in your case. Or within 30 days of the Court issuing an order using Rule 78 language. The orders also must be final. You cannot appeal temporary or emergency orders (although there is a way to appeal them, they go through a different process).
I recommend you consult with an attorney before taking any action.
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 file for an appeal, you must file a Notice of Appeal with the Superior Court no longer than 30 days after the order was filed by the clerk of the superior court.
Regardless of which option you choose, you should contact an experienced post-order/post-decree/appellate family law attorney.
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.