I filed 2 times. once in 2022 and again in January. Never given a trial date. Court has not responded to my questions. I filed for child support 2x with custody papers. No response. She has lived with me since birth DOB 10/15/21. I want to move on with my life. I have a 2 year OOP against dad and... View More 
answered on Jun 21, 2023
Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.
It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they... View More
My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision... View More
answered on Jun 19, 2023
I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.
Child Support - If it's court-ordered, it doesn't matter that he's leaving the... View More
SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING
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answered on Jun 18, 2023
If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may... View More
answered on May 19, 2023
I’m bothered by the word “findings.”
Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.
Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?
answered on Apr 30, 2023
Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.
I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may... View More
answered on Apr 30, 2023
Yes. Arizona is a one-party consent state, meaning only one party in the conversation needs to be aware that the conversation is being recorded.
My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... View More
answered on Apr 28, 2023
She can.
But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.
I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the... View More
I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... View More
answered on Apr 23, 2023
First, a 12-year-old doesn't get to pick where she lives.
"Does she have a case for modification w/o any substantial change in circumstances? "
She has to show a material change of circumstances affecting the child's well-being to qualify for a modification.... View More
Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.
answered on Apr 28, 2023
Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.
He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?
answered on Apr 30, 2023
He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.
He can... View More
Where she solicits men to pay her to perform sexual acts they want to see her perform for set amounts of money?
answered on Apr 30, 2023
If your talking about Mother making money by camming, that is not something that's likely to factor in.
AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... View More
answered on Mar 21, 2023
Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.
You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of... View More
2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ
answered on Mar 6, 2023
That is horrifying.
I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site... View More
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... View More
I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?
answered on Feb 22, 2023
Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.
The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.
answered on Feb 22, 2023
Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP
Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... View More
answered on Feb 13, 2023
I am so sorry to hear what your children have been through.
That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... View More
We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... View More
answered on Jan 21, 2023
If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."
Be patient on child support. The... View More
answered on Jan 21, 2023
You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.
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