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Arizona Family Law Questions & Answers
0 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Arizona on
Q: How does my ex-husband voluntarily terminate his own parental rights in Arizona?

I filed the termination of parental rights paperwork and ex-husband signed the waiver by parent of notice of hearing and appearance on petition for termination of parent-child relationship. It was dismissed. What paperwork should I or he be filing to terminate his rights since we both agree to it.... View More

0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: My son can not see, speak to or have any visitation with his son unless it is with a therapist. per a court order

my ex dtr in law calls the therapist and says the court is involved the they cancel. We need help!! Ex dtr in law claims he is not safe with my son which is not true. My grandson is saying he's not safe with my son because he got in trouble for failing classes in school

We dont have... View More

0 Answers | Asked in Family Law and Probate for Arizona on
Q: If I get legal guardianship or conservatorship over two adult males in which I'm also apart of will what could happen

If I get guardianship or conservatorship over two adult males who are rule 11 and are a part of the same trust or will that I am in with that Null and void my part of the trust or will or affect me in any negative way

0 Answers | Asked in Military Law and Family Law for Arizona on
Q: Divide military retired pay post divorce (AZ) HELP PLEASE

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?

0 Answers | Asked in Family Law for Arizona on
Q: Will the i be able to keep primary and get my son enrolled in Phoenix once he is school age and what do I need to do.

We got final orders last month. Dad lives 3 hours away. Child was born in phx arizona and dad filed and moved on his own will to his town to live with his mom. We now have 50/50 legal and week on week off (which doesn’t start till next month) However, I was put down as primary residential parent.... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: My ex has not paid any child support in 3 years, has no job and lives out of state...can I get him declared an unfit dad

Per our divorce decree, he is legally obligated to cover half of our daughter's expenses. Despite this, he has only contributed $1000 in total, far less than what he owes. He might be receiving disability benefits from the state of Missouri as he does not currently work but maintains a car,... View More

0 Answers | Asked in Child Support and Family Law for Arizona on
Q: Is my wifes ex able to sue me for child support for their child if my wife is a stay at home mother?

My current girlfriend and i have been talking about getting married. The father of her daughter is a piece of work who doesn't work and tries to make money in very non ethical ways. Its always been in the back of my mind if its possible for him to sue me for child support for their child when... View More

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can agreed negotiations between husband and wife be used at trial of husband lied the past year in divorce court?

My ex fought me for the last year for 50/50 shared parenting by making false accusations of child abuse and being an unfit. He hired an attorney and did all of this because I moved on two years after being separated. I was forced to represent myself. He and his attorney was successful convincing... View More

1 Answer | Asked in Family Law for Arizona on
Q: My husband wants to pay spousal support for only 1 year help!

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

John Michael Frick
John Michael Frick
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...
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0 Answers | Asked in Family Law, Domestic Violence, Elder Law and Public Benefits for Arizona on
Q: my mother passed and our dad put our sister on the title of house. She is abusing him.Can she be removed from the title

She was diagnosing with borderline personality disorder. We didn’t want to be responsible for her so we convinced our dad to put her on the title to house so that if anything happened to him she would have a place to live. Since that time she has become more aggressive and abusive toward him. He... View More

0 Answers | Asked in Family Law, Domestic Violence and Juvenile Law for Arizona on
Q: I'm 16 and am currently filing for legal emancipation. Can my mother stop me from working or leaving the house?

I live in an extremely toxic and abusive household, and my mother is aware that I am filing for emancipation. She is likely going to object to my emancipation in court, and has done everything in her power to prevent me from becoming emancipated. She is now refusing to allow me to leave the house... View More

2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

To file a One And The Same Person Affidavit for your Italian nationality application, you need to clearly establish the connection between the different names used by your ancestor. Start by gathering all relevant documents that show the use of both last names, such as birth certificates, marriage... View More

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1 Answer | Asked in Family Law for Arizona on
Q: Is it legal for a mother to keep children from the father for no reason?

No custody order or protections order

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a mother keep the father from seeing his kids by posting a no trespassing sign on her home door?

There is no custody order, protection order, and this is in Arizona.

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What are my options as NCP who can't attend a negotiation conference for child support in south carolina

I live in Arizona

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I live in Arizona, I'm having d.C.S issues they are getting in the way of my relationship with my wife

They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.

Aaron Brann
Aaron Brann
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

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

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

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

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