Get free answers to your Family Law legal questions from lawyers in your area.
Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge
answered on Nov 19, 2024
Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.
Counsel moves the Court to strike the Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash filed by me
Pursuant to Rule 35(a)(3), a party may not respond to a reply unless authorized by
the Court to do so. Father has not requested an order from the Court to allow... View More
my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney
answered on Oct 10, 2024
You wrote, "Is my name on the birth certificate enough to establish paternity?"
That's a simple question but it has somewhat complex answer.
Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name... View More
He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More
answered on Oct 10, 2024
The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.
However, that does not mean that's the law for custody.... View More
answered on Oct 10, 2024
We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More
Refusing to give them to her which was untrue instead she said she had the court paper saying she had parenting time and I said great can you send it to me so I can know when to pick them up. So while waiting for the police over 45 min she called a cab and left without the kids. Then she filed a... View More
answered on Oct 10, 2024
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
My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More
answered on Oct 10, 2024
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
im 17 the babys mother is 16, a couple months after finding out her and her family cut off all contact we said okay and have only asked how the babys doing sense but they will not answer any of our questions. She lives with both of her parents and her dad is a sex offender he preyed on young girls... View More
answered on Oct 10, 2024
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 us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do
answered on Sep 5, 2024
Your spouse faces an uphill removal proceedings battle:
1. He was deemed removable prior based on his criminal conviction of domestic battery
2. He re entered the United States which constituted another criminal infraction based on his procedural history,
3. While in the... View More
answered on Sep 5, 2024
If your cousin has passed away and he did not have a will, his Social Security benefits cannot simply be "pulled out." Social Security benefits are typically not payable for the month of death. If a payment was made for the month he passed away, it usually must be returned.
The... View More
My Ex husband retired from the navy 2018. We got Divorced 2016 CA. Married over 20 years. He waived CA jurisdiction for retirement pay..home of record is AZ where we both live now. I was given alimony but not retirement. In MSA it says it's his separate property. Is it possible to divide it?
answered on Jul 28, 2024
It is possible to divide military retired pay post-divorce, even if it was initially designated as separate property in your marital settlement agreement (MSA). Given that you were married for over 20 years and your ex-husband served in the Navy during that time, you may be entitled to a portion of... View More
We have been married for 18 years 7 months
I have no job at the moment but based on me making 18.00 an hour in the past he thinks he can get away with paying spousal support for 1 year. I have been 100% dependant on him for 18 years and would not be able to support myself financially after... View More
answered on Jun 28, 2024
You should read the attached article discussing the types of alimony available in Arizona:
https://thevalleylawgroup.com/blog/qualifications-alimony-az/
It would be extremely unusual for a court to award alimony after a divorce for an undefined period of time such as until you... View More
No custody order or protections order
answered on May 27, 2024
Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.
Under Arizona's custodial interference statute, when a child is born out of... View More
There is no custody order, protection order, and this is in Arizona.
answered on May 27, 2024
That's a bizarre way to do it, but, yes, she can. Under Arizona law, she has custody of the children until the father goes to Court to establish his rights.
My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here
answered on May 27, 2024
I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.
The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can... View More
I live in Arizona
answered on May 27, 2024
If I'm understanding this correctly, you live in Arizona, and your case is in South Carolina? If so, you should ask this question to attorneys licensed in South Carolina. Attorneys licensed in Arizona cannot advise you.
answered on May 27, 2024
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
They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.
answered on Apr 29, 2024
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
I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More
answered on Apr 3, 2024
I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.
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.