Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

Presuming all parties are in Arizona, then yes. Arizona is a one-party recording state, i.e., only one person involved in the conversation needs to know a recording is being made. You could, however, request the Court order the other parent not record the phone calls.

You need to provide the notes. "Counseling or therapy records" is meant to refer to the session records. The proof of attendance is part of the compliance letter your counselor sends.

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour... View More

You're not at fault.

She's being ridiculous.

The problem is this: How did you document this?

When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.

Bear in... View More

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that... View More

You and your parents (who need to file since you're not 18) should contact a family lawyer if they haven't already, should consider filing to get some orders in place and perhaps emergency custody, including orders that her father not have any contact with the child.

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently... View More

In Arizona, the Department of Child Safety (DCS) typically intervenes in family situations when there are concerns about the safety and well-being of children. This can include allegations of neglect, abuse, or other harmful environments. If DCS has removed your children from the home, it's... View More

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4.... View More

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.

I recommend you go speak with an attorney who practices in the juvenile courts in Pima County ASAP about filing to terminate his parental rights. If you're going to do it, now is the time. If you don't terminate his rights, he can seek to establish his rights when he gets out of prison.

The arrangement is not illegal.

There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some... View More

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child... View More

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More