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Arizona Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Yes I am a parent and yesterday they went toy child's school and removed him from school and placed him in dcs custody.

What do I do now? I have never dealt with this before how do I find out if they have a court order? They want me to do a drug test should I talk to them or sign anything.

0 Answers | Asked in Family Law for Arizona on
Q: What forms do I use if I need to file an amended petition for parenting time and child support for the judge in Arizona?

Filed petition to modify and judge ordered I file an amended version for more information

0 Answers | Asked in Family Law for Arizona on
Q: Question about life insurance thru husband's employer and his terminal cancer diagnosis

He was diagnosed in late march... and it has since spread aggressively everywhere in his body. He is understandably depressed. We bought our first house 8 months ago. Still have 3 children in the home. He is no longer working and our SSI interview is still 2 months away. The deeper we sink in debt... Read more »

0 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is an order to dismiss due to jurisdiction/ venue satisfy the summons for parent time/ custody.

Case in 2 counties at same time. Mine is further along. Temp orders in my case. But don't want to go into default as she has in her case here. Do I still respond to her petition as it is bout to go into default

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... Read more »

Randi Sirlin
Randi Sirlin
answered on Sep 14, 2022

It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: Can a parent relocate without the other parents agreement?

Live in Phoenix AZ and would like to relocate to Green Bay WI to be with family with my 3 month old. Can I relocate without the fathers permission? We have never been married nor separated, are only dating and each file as single.

Mike Branum
Mike Branum
answered on Sep 14, 2022

This is an extremely complicated situation. Have you discussed the situation with the child's father? Your life will be much less likely to implode if you discuss the situation with him and have a written agreement allowing you to relocate. I HIGHLY recommend that if you are allowed to... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court in two counties at same time. I'm ready to continue with default in my case/ county. Her county has no

Proof I was served. She was served first. Should I respond to her county even tho orders were placed in my county where I and the child reside and I have temp custody.?

Stephen M Vincent
Stephen M Vincent
answered on Sep 13, 2022

I'd file a Motion to Dismiss in her county. You'll file under ARFLP Rule 29(b)(6), saying she requested relief that cannot be granted because a proceeding has already been commenced in your county, and service has occurred there.

Make sure you write that are "specially appearing."

0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can practicing polyamory in a home where children live most of the time, stand grounds to request a modified

Can practicing polyamory in a home where children live most of the time, stand grounds to request a modification for custody. Mother practices polyamory in her home, she doesn't have anyone living in her home as of now, but she does post it on all of her media accounts that that's what... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... Read more »

0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: In AZ, if you practice polyamory and that's your belief. Could a judge change your custody orders?

Ex practices polyamory, not while we were together, but he does now. He has it posted on his social media accounts as well. Would a judge take that into consideration if our kids will be around

0 Answers | Asked in Child Support and Family Law for Arizona on
Q: Seeking advice on how to recoup child support in rears and youngest is almost an adult. Father lives out of state.

The father has closed his bank accounts, works full time for a friend of his, but gets paid under the table. No paper trail of income. But he owes over $10,000 in rears. Any advice would be greatly appreciated.

0 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: I received a notarized letter from my sons dad stating he wants to terminate parental rights. How do we go about this

My sons bio dad who lost custody 6 years ago is ready to terminate rights but doesn’t want to deal with court in anyway. He sent me a notarized letter stating he’s ready to terminate parental rights to allow my husband to adopt. How can we go about this ?

0 Answers | Asked in Family Law for Arizona on
Q: Should I submit repeat evidence as an exhibit?

I am preparing the pretrial statement and exhibits for my child custody/legal-decision making final orders hearing. It has been more than 1 year since the temporary orders hearing. should I submit the some of the same evidence as I did in the previous hearing again since it has been so long? Do I... Read more »

0 Answers | Asked in Family Law and Health Care Law for Arizona on
Q: Can I file my POA with government agency?

Or a legal agency?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just obtained soul physical and so legal custody of my son however I can't locate my son or the mother

She was probably served through the courts with the last address she left on file

Stephen M Vincent
Stephen M Vincent
answered on Sep 4, 2022

Courts usually don't do the serving at least not if you got custody through the Arizona family court. That's usually your responsibility.

But the bigger issue is to find her and your son. If Internet and social media searches aren't working, then you should hire a private...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 2, 2022

You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... Read more »

0 Answers | Asked in Family Law, Elder Law and Health Care Law for Arizona on
Q: What type of Power of Attorney do you need to take over everything for a parent?

Father wants me to take over everything due to loss of my mother in May 2022 and his failing health.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.

If you have not done so already, you can challenge the...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: When order say, MAY practice their parenting time.... Does that mean, they can if they want to or do they have too?
Stephen M Vincent
Stephen M Vincent
answered on Aug 29, 2022

May suggests it's optional, but it does general convey who gets to make the option. Sounds likes this parent may choose to use their parenting time or not, and if they do choose to do so, the other parent should allow it.

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