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Arizona Family Law Questions & Answers
0 Answers | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Q: 10/4 Ex filed temporary orders with petition to modify joint legal/physical custody-served 10/10, received Exhibits10/30

Exhibits were known to be inaccurate accounts after addressed in Ex reporting exact claims to CPS9/27, Learned court date 11/1 with it listed on the coverpage. Never served an order to appear. Attended Hearing with no evidence prepared that shows these false given the 2 day notice with it now my... View More

0 Answers | Asked in Family Law for Arizona on
Q: Is my mom legally allowed to use my saved money for her own personal expenses without my consent or knowledge?

I am 18 years old and have been saving 50% of all of my paychecks since I began working. My mom saves that money in a separate bank account, under one of those beginner bank accounts that I don’t have access to also under her name, with a different bank. Recently I have been looking to purchase a... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

Divorces are the same in every Arizona county. Every divorce basically will address the same topics:

1. Legal decision making

2. Parenting time

3. Child support

4. Spousal maintenance

5. Division of property

6. Division of debts

A...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

You need to file a "Petition for Disolution".

You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/

This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Need assistance in interpreting my custody agreement.

Here is what i need interpreted "Father shall provide mother and letter from his provider confirming with his compliance with treatment every 6 months. Father shall also provide counseling and or therapy records to mother every 6 months" I'm trying to figure out this means I have to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You need to provide the notes. "Counseling or therapy records" is meant to refer to the session records. The proof of attendance is part of the compliance letter your counselor sends.

1 Answer | Asked in Family Law for Arizona on
Q: my husband who had a brain injuries several years back without telling me that he wrote 2 checks

he wrote checks at cu to open up a new accounts for checking ,cd, etc. the account he wrote it on doesnt have funds available. he was not aware that funds werent available. both checks have nsf on them and I just did stop payment on both checks. the cu he opened accts at I am not able to talk to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You posted in the wrong section. This isn't family law (family is for divorce and child custody).

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Rich J. Peters
Rich J. Peters
answered on Dec 4, 2024

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

1 Answer | Asked in Family Law for Arizona on
Q: Good evening I either need probono family lawyer or someone to help me understand what things mean as my ex and I go to

- Court

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

I don't think you are going to find a pro bono family law attorney unless you're using Community Legal Services. Some firms offering coaching (a form of ongoing consults) to people who are self-represented. That might be what you're looking for.

1 Answer | Asked in Family Law and Probate for Arizona on
Q: If you feel the judge isn't making right decisions ..and isn't reading or listening to the facts or enforcing court ordr

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

Anthony M. Avery
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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.

1 Answer | Asked in Family Law for Arizona on
Q: My Ex attorney filed a motion to strike to my reply to his motion to quash a subpoena.

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

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

When someone files a Motion, there are three filings that are permitted:

1. The Motion itself

2. The Response to the Motion

3. The Reply to the Response

You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a...
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1 Answer | Asked in Family Law for Arizona on
Q: is my name on the birth certificate enough to establish paternity?

my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law for Arizona on
Q: My son recently turned 18 and is a high school senior. My ex-wife is won't provide transportation for him to my house.

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

Stephen M Vincent
Stephen M Vincent
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....
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings
Stephen M Vincent
Stephen M Vincent
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

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: She was supposed to take the kids for holiday but as soon as I arrived she said she was calling the police cause I'm

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: the mother of my child's father is a sex offender, caught with young children is there anything i can do to get my son?

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

Stephen M Vincent
Stephen M Vincent
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.

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