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Arizona Family Law Questions & Answers
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 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.

0 Answers | Asked in Family Law for Arizona on
Q: Daughter caught vaping in school bathroom. School said she can't walk for graduation now.

Her suspension is five days and graduation is in four. Anyway to get around this?

0 Answers | Asked in Family Law for Arizona on
Q: 16 year old refuses to talk/visit dad. He is demanding I update him on her life & is nasty to me. Do I have to comply?

Daughter does not want her father in her life anymore. Divorce was 3 years ago, but she has always had a broken relationship with him. Since childhood. But now that she refuses to talk to him or visit and demands I send him pictures of her and update him on things in her life. He is very nasty to... View More

0 Answers | Asked in Domestic Violence and Family Law for Arizona on
Q: is it considered child abuse, leaving a seven-year-old home alone?

my daughter(7) has informed me that her father, who I share custody with, has left her home alone on several occasions so he can work. On top of that, she has mentioned that he generally stays in his bedroom on his phone, while she watches TV in the living room, usually YouTube or TikTok during her... View More

0 Answers | Asked in Domestic Violence and Family Law for Arizona on
Q: my ex-husband has left our seven-year-old home alone on a few occasions. Is that considered child abuse?

There have been several concerning issues that have come up lately. Leaving my daughter home alone has been one of them and I’m not even sure how many times he’s done that but I know for sure twice- at night. He’s told her on several occasions to keep things from me. It’s become very... View More

0 Answers | Asked in Family Law for Arizona on
Q: I need to add the father of my 15 year old to her birth certificate. Which form/s do I use?

I need to add the father of my 15 year old to her birth certificate. The Acknowledgement of Paternity form specifically states, "The purpose of this form is to acknowledge paternity for a child born out of wedlock, in the state of Arizona." Is it considered out of wedlock if I was married... View More

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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2024

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just left Arizona with my three kids to escape my abusive ex and go back to our home in Ohio with all of our family

He got the police involved when he realized I left and is saying I kidnapped the kids. I know I’m doing the right thing for them but now I’m so scared that he will find us, take the kids, or I will get in trouble

Mike Branum
Mike Branum
answered on Mar 8, 2024

You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.

1 Answer | Asked in Family Law for Arizona on
Q: If a family court temporary order was set for the dismissal calendar on Feb 21st 2024. Is it dismissed? Do I need a ordr

We had temporary orders. The opposing counsel did not file a motion to continue before the calendar dismissal date.

Mike Branum
Mike Branum
answered on Mar 6, 2024

Since you are asking the question on Justia, I will presume that you do not have counsel yourself (if you do, you should really be talking to your attorney!). You should contact the Court to determine if the Court dismissed the temporary orders and, if they did, request a copy of the Order... View More

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

James L. Arrasmith
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answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
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1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

James L. Arrasmith
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answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order

My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 2, 2024

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order...
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