Lawyers, Answer Questions  & Get Points Log In
Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Does the minor have to file an emancipation petition in person? Or can a guardian receive it and fill it out at home?
Mike Branum
Mike Branum
answered on Nov 17, 2023

Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to... View More

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: In divorce in Arizona, asking for spousal support, no agreement has been reached. Two court dates nothing reached.

I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

If you're in an Arizona divorce case involving spousal support and want to stop the proceedings, start by discussing your intention with your attorney. Review your attorney-client agreement for guidance on the termination process, and follow the specified procedures. Ensure open communication... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: How do I secure spousal support in my divorce?

We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.

Domestic...
View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Which attorney takes the lead in divorce settlement requesting spousal support? Petitioner or Respondents?

Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

Typically the attorney for the party seeking spousal support will take the lead on questioning because that spouse has the burden of proof. They generally have to introduce sufficient evidence showing they are entitled to support, typically by proving they suffer from some type of disability or... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Do I need a lawyer to make my ex refund alimony he has been cheating me of? Or can it be filed as contempt of court?

I was divorced in GA. I live in Alabama and my ex has a residence in Tuscan, AZ. He has been cheating me of the correct alimony for several years. I am limited financially and would like to know if I woiuld need a lawyer. If not, how should I proceed. I do not mind paying something. I am on SSI, so... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

You should retain a Georgia lawyer in or near the county where your divorce was granted to enforce the alimony provisions of the decree. That will be the lion's share of the legal work. If necessary, after that has been completed, you may have to retain an Arizona lawyer to register and... View More

1 Answer | Asked in Family Law for Arizona on
Q: What happens if the other party files their response but I dont get served with a copy?

I filed my papers about a month ago, and I found out through word of mouth that the other party files her response. However I have not received anything from them, their attorney, or the court. Will the case move forward even if I haven't received anything? Is there any action I can take if... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2023

Yes, your case is moving forward even without them giving you a copy. You should reach out to the other party's attorney, inform them you didn't receive a copy, and make sure they have the right email address and mailing address for you. You also should double check the Court records to... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Arizona on
Q: I refused to deliver my daughter to father due to mental breakdown, now im in contempt but im protecting her from abuse.

We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Sounds like your best option is probably to going to be filing a Motion for Reconsideration.

The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.

If you have evidence Father lied, present it and let it speak...
View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: If my granddaughter lives in NM and I reside in AZ, where do I file for grandparents visitation rights? Az or NM?

Unfortunately my ex daughter in law makes it merely impossible for me to have the right to visit my granddaughter. There's other circumstances between her and my son going on but my concern is me not being able to see her more while they go back and forth with their visitation arrangements.

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

New Mexico

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How to dimiss an case that was filed by the state of California against respondent?

This case in which the original case was filed by the state of California

against the Respondent for child supoort.

The respondent wants to use the case as a custody case against the petioner.

I want to dismiss that case on the grounds that the original case was not for... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Did California issue a child support order? If so, it must be registered here for the custody case, in which support must be determined. An Arizona court cannot modify the California support order unless it's properly registered and in front of the Arizona court. For that reason, I don't... View More

1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: If my child’s father is abusive to his dog, will I be able to get sole custody of our baby
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2023

It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I got an OOP after my ex got court order to turn over minor to him . Will I get in trouble? Do I inform the court?

I had residential custody and he had ldm and suddenly without consideration of his consider it d v past a judge grabted him custody of our minor even if he's probation for abuse of her and violating an oop, and with medical reports stating she is autistic and terrified of him and needed... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.

The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not...
View More

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: So I got 2 letters regarding a family custody case one shows order of reassignment and the other shows order

In the order letters is says I need to file a response that contains citation to relevant statues and case law

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

Sounds like they must have reassigned the judge in your case, and it (presuming service was proper) sounds like you are on the clock to file your Response. Without knowing what type of Petition or other request they filed, I can't advise you further.

1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: I need to know if I have a good case to sue DCF for braking my happy family up and turning my family and kids against me

3 years ago during the covid out break I had problems with someone renting a room from me. But before I go any farther I do want to add that I was a addicted at the time cuz I was in pain management for15 years.. but non of my family new it cuz I only took enough to control my pain. so I was... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

This would be better asked to a civil attorney than a family law attorney since civil attorneys deal with lawsuits and family attorneys do not. I would recommend you consult with one before making a decision on whether to pursue.

So, bearing in mind that this is outside my area of...
View More

1 Answer | Asked in Family Law for Arizona on
Q: Pima, AZ, since filing/serving annulment papers, he signed consent decree/divorce. Should I motion for petition change?

I'm in Pima County, Arizona. 30 days ago I served annulment papers on my "husband," who lives out of state. Since then, he has signed Consent Decree for Divorce papers and sent them to me. Today is the no-response deadline and I can ask the court to move forward with dissolution.... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

If your question is "which one is quicker and less painful to me, the answer is clear from a purely legal standpoint: Sign and submit the Consent Decree.

Annulments are very difficult to win. If you're claiming fraud, you have a high burden of proof, i.e., you have to present...
View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need help with a father who is constantly taking away communication from a mother.

My wife shares custody with the child’s father. Father has continuously taken the child’s phone away while she is at his house during his parental time. Mother and I have bought the phone and pay the cell phone bill on a monthly basis. Father has never paid any portion or is even on same phone... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

I am certainly sympathetic to what Mother and you are enduring because of Father's inappropriate actions.

However, what you suggest here is not the solution.

I know this may hurt to hear, and I apologize for that, but the law is clear: As a stepparent, you have no legal...
View More

1 Answer | Asked in Family Law and Social Security for Arizona on
Q: How do I look up a court order number to see what they're for?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

To look up a court order number and understand its purpose, you typically need to contact the court clerk's office where the order was issued. They can provide you with the case information and details related to the order. You may need to provide relevant case information or parties involved... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: If I have filled out a petition against someone and have a court date already can someone file the same one on me??

I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled to half my doin to b ex wife settlement from accident that

She was with me thru all of it

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.