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Arizona Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...
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1 Answer | Asked in Child Custody for Arizona on
Q: How can I obtain visitation rights or joint custody of my brother?

My brother is 14 y M. My mother and her new husband are verbally degrading him on the regular. I don't know that I have any rights as his sister. CPS has had open cases against them but they take my mother's word. She's a great liar.

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

You certainly can file a Petition for Third-Party Visitation.

You probably cannot file for custody unless you can prove that (1) your brother considers you to be like a mother to him, and (2) it would be significantly detrimental for your brother to be in the care of your mother or any...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

Yes, you can appeal, provided you have not missed the deadline to start an appeal.

But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I have sole legal decision making and sole legal custody of my child. Can I move out of state with my child?

I have sole legal decision making and sole legal custody of my daughter. The mother only has phone contact and no parenting time. We want to move out of state to be closer to family. Am I allowed to move out of state with my daughter without the other parents permission. Mother is MIA and has a... Read more »

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

The overall answer to your question is the most common lawyer answer of all (and also the most disappointing lawyer answer): It depends.

It depends on what your Court order says about her rights:

LEGAL DECISION-MAKING

Sole legal decision-making does not include the right to...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How can I find out if I'm divorced if I have no idea where my wife is she said I Needed to find Jesus 7 months ago

We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 3, 2022

This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.

I'm...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I'm looking for a pro bono family custody attorney to help me with retaining 50/50 custody of my daughter.

Daughter is being held from from me and my rights as a mom are being infringed upon.

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Realistically, you probably won't find a pro bono attorney for a family law case. There are very few attorneys who take on a family law case pro bono, and for those few that do, spots are very competitive. You may have better luck going through the state bar's Modest Means program, where... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Child Custody for Arizona on
Q: Will my children be taken away if I use marijuana while pregnant?

Dcs got involved after I tested positive for thc with my first pregnancy but Arizona has since legalized marijuana. Additionally, I suffer from chronic pain due to nerve damage and can’t take my other medications while pregnant.

Stephen M Vincent
Stephen M Vincent
answered on Mar 14, 2022

Yes, absolutely they will take away your children if you smoke marijuana while pregnant. It's not an issue of whether it's legal--the issue is that it's dangerous for the child.

Use of marijuana while pregnant can cause a variety of problems, including restrict your...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Already took the mother of my child to court, lost because of jurisdiction. Its been a year, anything I can do?

The Mother of My Child told me she was taking her to visit family in Mexico, My child is a Citizen, a month passes I start to ask when my child will be back, she says within the next couple of weeks, I wait and nothing.. we go back and forth with the same result for a few months and then we have a... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Feb 25, 2022

I know this is not what you want to hear, but all you can do is file in Mexico. Mexico has jurisdiction, Arizona doesn't.

There are two laws that bear on this, and both favor Mexico.

The first is the international treaty to decide child custody jurisdiction between two...
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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, 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, 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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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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1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent
answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

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.

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, 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 Child Custody and Child Support for Arizona on
Q: The father of my son is on the birth certificate we never been married what right does he have when it comes to custody

O decisiones on the child when there hasn’t been any court order

Peter W Davis
Peter W Davis
answered on Jan 3, 2022

In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child.... Read more »

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: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... Read more »

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

I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about... Read more »

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