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Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: Can a judge order the sharing of personal documents such as ssn bank account numbers eins of non married parents

I live in Arizona non married parents fighting for custody of their child is it legal for the judge to require them to share with each other their ssn bank account numbers business ein tax records and drivers license number this seems to violate privacy and security as this information can be... Read more »

Mike Branum
Mike Branum answered on Feb 9, 2022

Yes, if you have a custody dispute you will also be determining child support. A deep dive into your financial affairs is required to determine child support where parents dispute earnings. The courts have the authority to require you to produce all relevant financial information.

2 Answers | Asked in Family Law for Arizona on
Q: Can a father be denied visitation if I have audio of him saying he does not want to be around his kids?

Father has never been involved at all. He wants to give up his rights to avoid child support. Also stated he does not want to be around his kids in a recording, has made multiple threats and has intimidated me for years. States I would be damaging my kids by forcing him to be around them.

Stephen M Vincent
Stephen M Vincent answered on Feb 6, 2022

Your description raises a lot of concerns, but it's difficult to say what will happen in a case based on just a paragraph. A recording certainly helps your case, but he could still conceivably get time. Giving up his rights does not get him out of paying child support.

Your best...
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1 Answer | Asked in Family Law for Arizona on
Q: I filed an annulment and it was not thought out properly. I want to reverse this. No judgment has been made.
Stephen M Vincent
Stephen M Vincent answered on Feb 3, 2022

You can file to dismiss the case. If you served your spouse, you'll need to do it by stipulation or motion. If you have not served your spouse, you can simply file to withdraw the Petition.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How to know if my unmarried son is on his daughters birth certificate?

I live in Arizona and my granddaughter was born In Yavapai County and my unmarried son and the mother signed all appropriate forms before leaving the hospital to acknowledge paternity and the birth certificate application. Will he be on my granddaughter’s birth certificate?

Mike Branum
Mike Branum answered on Feb 2, 2022

Your son SHOULD be on the birth certificate. To find out for sure, just have him request a copy of the birth certificate (you can request a copy if you want to submit a copy of HIS birth certificate). If he is on the birth certificate, they will send him a copy. If he is NOT on the birth... Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: Is there a phone number I can call to speak to someone confidentially about my children we live in Arizona?

ASAP please

Stephen M Vincent
Stephen M Vincent answered on Jan 21, 2022

Yes, you can call any family law attorney's office and speak to them confidentially about your children.

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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 16, 2022

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.

If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting...
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4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

John R Gaertner Jr
John R Gaertner Jr answered on Jan 12, 2022

You can request a continuance to retain an attorney. The Motion may not be granted but it is worth the attempt. You should contact an attorney immediately to seek representation so that you can inform the Judge that you have already began the process of securing representation.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What weekend is it currently according to Arizona custody law?

Was awarded 2nd & 5th weekends, and uncertain how this applies to January 2022.

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

I would judge weekends as Saturdays and Sundays, and since the 1st was a Saturday, that was the first weekend of the month.

1 Answer | Asked in Family Law for Arizona on
Q: My father passed away without a will How do we proceed
Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

You should contact a probate attorney, and his estate is likely to go through the probate courts. Because he died without a will, his estate will go through a process called "intestacy" to determine who his heirs are. A probate attorney (a family law attorney is not a probate attorney)... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can i seek payment when the other parent wants me to watch our kid during his scheduled parenting time?

Live in Arizona. Have 50/50 split custody/parenting time. If Parent A asks Parent B to watch the child  during Parent A's scheduled parenting time because Parent A has to work, can Parent B seek payment from Parent A for watching the child as in charge for child care services?... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 9, 2022

You can certainly ask for it. Most likely, the other parent would have to agree. If the other parent does not agree, I'm not sure it's worth going to Court for.

1 Answer | Asked in Family Law for Arizona on
Q: If my mother-in-law died a week ago and the state has already stepped in to the property taken the animals what can I do

I am the last living relative to my mother-in-law who has died a week ago and I was not notified by anyone of the death I come to find that the state has already taken the animals that were on her property and with her dying with dementia she did not put me as an emergency contact the only... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

You should contact a probate attorney (not a family law attorney) as soon as possible.

1 Answer | Asked in Family Law for Arizona on
Q: Im the permanent guardian of my brother & sister Can I legally tell their dad he cant see them if it is unsafe for them?

My brother and sisters father (we have different dads) is an alcoholic who has been arrested 5 times in the last year and just went “missing” for 8 days. He keeps asking to pick up the kids to hangout with them. Am I legally allowed to tell him no? I am the permanent guardian ordered by the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

This is probably a question for someone who practices in the juvenile courts, which I don't.

I'll try to answer it as best as I can.

If there's a Court order giving him time, you need to honor it. If there's not a Court order, then you can do what you think is best.

1 Answer | Asked in Family Law for Arizona on
Q: My mom claims that in order for my dad to be put onto my sisters birth certificate, they had to be married. Is this true

This is not a emergency question, I am just curious. They were married in 2009 and my sister was born 6 days later and she was born in the state of Az, but they were married in Las Vegas.

Rich J. Peters
Rich J. Peters answered on Dec 16, 2021

No that is not true. His name could have been added to your sister's birth certificate at the time of her birth. He can still be added now, whether by agreement of the parties or through a court order.

1 Answer | Asked in Family Law for Arizona on
Q: husband sol provider dec 2019 unemployment 2020 - 2021 not paying bills @ moms our house forbearance can court make him

He been getting over 2500 month eorkmens comp his mother in mo has more than sufficient incomr she wants him with her wanted him to live her & me alone right after married. He works union plenty work home in az no reson stay i want counciling in AZ both us & order to make him pay bilks i... Read more »

Rich J. Peters
Rich J. Peters answered on Dec 14, 2021

To answer the questions that I see:

1. Arizona does have a procedure by which you can have court ordered counseling.

2. You can ask the court to enter orders regarding "spousal maintenance", so that your judge can assess whether your husband should be assisting you...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: My ex moved 3hours away and his lawyer says I need to do half the drive for the kids. Is that accurate if he moved?

He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

You raise three different issues question, so let me address them separately:

EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...
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