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?
A:
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.
A:
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.
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