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Arizona Child Custody Questions & Answers
3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 16, 2022

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.

If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

John R Gaertner Jr
John R Gaertner Jr answered on Jan 12, 2022

You can request a continuance to retain an attorney. The Motion may not be granted but it is worth the attempt. You should contact an attorney immediately to seek representation so that you can inform the Judge that you have already began the process of securing representation.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What weekend is it currently according to Arizona custody law?

Was awarded 2nd & 5th weekends, and uncertain how this applies to January 2022.

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

I would judge weekends as Saturdays and Sundays, and since the 1st was a Saturday, that was the first weekend of the month.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can i seek payment when the other parent wants me to watch our kid during his scheduled parenting time?

Live in Arizona. Have 50/50 split custody/parenting time. If Parent A asks Parent B to watch the child  during Parent A's scheduled parenting time because Parent A has to work, can Parent B seek payment from Parent A for watching the child as in charge for child care services?... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 9, 2022

You can certainly ask for it. Most likely, the other parent would have to agree. If the other parent does not agree, I'm not sure it's worth going to Court for.

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: The father of my son is on the birth certificate we never been married what right does he have when it comes to custody

O decisiones on the child when there hasn’t been any court order

Peter W Davis
Peter W Davis answered on Jan 3, 2022

In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: My ex moved 3hours away and his lawyer says I need to do half the drive for the kids. Is that accurate if he moved?

He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

You raise three different issues question, so let me address them separately:

EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...
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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: daughter wants disowned from father We are still married concerns her health as future trans patient He won't help

Any advice would be helpful. She has felt this way for years. I believe this is who she/ he is. He does not agree. He will not help her. It has taken a toll on her mentally and physically.

Mike Branum
Mike Branum answered on Dec 2, 2021

Not sure if we are discussing an adult child or a child who remains a minor. I am going to answer assuming this is an adult child. The only thing he is required to do for an adult child is to provide her health insurance information until she reaches age 26 (I believe, I am not an expert on health... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: Ex wife sent notice to relocate children out of state, it was only one page and no reason for move given, is this legal?

will submit a petition to dispute relocation immediately

Rich J. Peters
Rich J. Peters answered on Nov 18, 2021

Under Arizona law, she cannot relocate with the children without following certain steps first. At least 45 days advance written notice must be provided to you, via certified mail, return receipt requested, or through legal process. She is NOT required to provide a basis.

YOU HAVE...
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3 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Is there still such thing as final decision making in AZ? Ex filed a request to modify child support & parenting time

Our current plan has me as final decision maker as I've had our child 90% of the time, but now in his proposed parenting plan he has changed all the wording and taken that out and wants 50/50 as he's moving closer. What do you think will happen? I'm also a teacher and have had final... Read more »

Randi Sirlin
Randi Sirlin answered on Nov 7, 2021

Yes, there is still the option of one parent having final decision-making authority. I would really need to know more about your situation. Any parent can make allegations and attempt to change the orders, but many requirements must be met. I recommend contacting an experienced family law attorney... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Stephen M Vincent
Stephen M Vincent answered on Oct 12, 2021

I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father.... Read more »

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1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »

Mike Branum
Mike Branum answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex and I have 50/50 custody. He told me via text that he's moving out of state. Does that count as written notice?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).

I'm going to quote A.R.S. 25-408(A)-(E) here for your information:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: Does a spouse (lesbian marriage) that is separated from her wife have rights to the child born out of wedlock?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No as to parental rights. Parental rights are only available to wives of bio mom if the child was born during the marriage or if the wife adopted the child.

But she may have a claim for third-party rights. That would be worth discussing with an attorney to see what options may exists there.

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