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answered on Aug 15, 2023
If there's a family living in your deceased mother's home and causing financial concerns, you should consider contacting local authorities.
Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More 
answered on Aug 11, 2023
In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More
Does Rule 28 prohibit filing a REPLY to a RESPONSE?
answered on Aug 10, 2023
Don't file a Reply.
Rule 28 doesn't explicitly prohibit a Reply, but it implicitly does by explicitly authorizing a Response and making no mention of Reply.
Further, there is an important difference between a Petition and a Motion, and how they get resolved is why a Reply... View More
I believe the judge is prejudiced against me and has a personal relationship with the plaintiff. She works for the City of Phoenix and had many connections that have been helping her lie and deceive DCS about my grandchildren and their living situation. This Justice court is more than twenty miles... View More
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answered on Aug 9, 2023
In Arizona, changing the venue of a case from a Justice Court to a Superior Court for an order of protection may be possible in certain situations. However, the process and criteria for requesting a change of venue can vary based on the specifics of your case and local court rules.
Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More
answered on Jul 21, 2023
Yes, the Court can prohibit you from going to the school.
Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.
This happened at an RMC? The Court can't make orders at an RMC unless... View More
We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing.... View More
answered on Jul 20, 2023
While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.
This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.
There is currently no custody order. So last year, I printed out a form that we agreed on that states I have temporary custody and she signed and we got notarized. Our son went to go visit for her for summer in CA but now she won’t let us talk to him and is alienating him from me and his other... View More
answered on Jul 20, 2023
The short answer is it is 100% time for you to file for custody and you may need to consider filing an emergency motion. You need to file in the state where your son most recently lived for six consecutive months.
As you write, "There is no custody order." Signing an agreement... View More
My case is in AZ and my ex lives in CA My ex won a settlement he owes alot in back child support CA Child support attorneys put a lien of the funds on behalf of AZ and we went to court the judge made a order stating the arrear is the amount listed and that the child support department can proceed... View More
answered on Jul 20, 2023
They should take up to how much he owes.
As for how long it will take, that's a question you need to ask the child support department.
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
answered on Jul 19, 2023
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
If the order came... View More
My health insurance United healthcare dual complete - covers a LOT - and i want to know if I can pay my Therapeutic Interventionist with my insurance?
answered on Jul 20, 2023
You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.
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answered on Jul 18, 2023
Attorneys are usually licensed to practice law in specific states. So, if you need a family attorney in Memphis, Tennessee, it's best to find someone who's licensed to practice in that state. Arizona and Tennessee are a bit far apart, legally speaking.
While an Arizona family... View More
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.
Mediation is not a forum for presenting... View More
I get SS disability and cannot afford it. Child lives with me and father is abuser. Can i file a motion to reconsider? Can we get a cheaper TI? What if i cannot afford a TI? Judge keeps saying im blocking efforts and not participating
answered on Jul 18, 2023
Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).
My sister has signed doc's in Creek county Oklahoma giving me supported guardianship of her 13 and 6 year old children. She wants to live with me as well. Is that allowed? I hope not.
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answered on Jul 12, 2023
legal guardianship grants certain rights and responsibilities to the guardian over a minor child. The guardian is typically responsible for the child's well-being, care, and decision-making, while the parent's rights may be temporarily limited or suspended.
Regarding living... View More
Devereux adult foster care
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answered on Jul 12, 2023
If you believe you have been wrongfully discharged from an adult foster care provider without proper notice or alternative arrangements, you may potentially have legal grounds to pursue a lawsuit. Consulting with an attorney who specializes in adult foster care and housing laws is crucial in... View More
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answered on Jul 28, 2023
In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More
Residence was purchased prior to marriage 6 months ago
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answered on Jul 10, 2023
In situations where there is an order of protection in place, it typically restricts the individual named in the order from entering certain locations, including a shared residence.
My daughter lives in MExico where i have been paying child support since her mother and i divorced. I remarried and moved to the US. Now my ex wants to file another order in the US as well. Can this be done.
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answered on Jul 10, 2023
If there is already a valid child support order in Mexico that is being followed and enforced, it may not be necessary or appropriate to file a new child support order in the US. Child support orders are typically enforceable across international borders through international agreements and... View More
He Has not established paternity. He has had custody for going on a year this month . Complicated situation
answered on Jul 9, 2023
Is paternity in dispute?
You mention he has had custody for a year. Is that Court-ordered. If the Court gave him custody a year ago, then he is a legal parent because they would have declared him the legal parent when they gave him custody.
The birth certificate only creates a... View More
My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More
answered on Jun 30, 2023
Yes, your daughter can request child support.
But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how... View More
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