Arizona Child Custody Questions & Answers

Q: My grandson has been placed in kinship care in Arizona through DCS. Can we apply to adopt him before my daughter's right

1 Answer | Asked in Family Law, Adoption and Child Custody for Arizona on
Answered on Apr 15, 2019
Mike Branum's answer
My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...

Q: Can parents get there rights back if they were severed in arizona

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Answered on Apr 15, 2019
Mike Branum's answer
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.

I wish you luck.

Q: How do I get my custody case out of California and transfer here to AZ?

1 Answer | Asked in Child Custody for Arizona on
Answered on Apr 5, 2019
Rich J. Peters' answer
I would need to know a bit more.

1. Where does everyone (each parent, children) live now? And for how long?

2. Are you hoping to deal with custody issues? or support issues? Or other issues?

Tell me a little more, and I can give specific advice.

Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Answered on Jan 21, 2019
Rich J. Peters' answer
You can check here:

http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.

Or maybe here:

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.

If there is more I can do to assist, please let me know.

Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Jan 13, 2019
Randi Sirlin's answer
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.

If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.

There are endless options for parenting plans and finding out what is best for your girls.

I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...

Q: Am I obligated to pay back child support if the other party did not permit me to see my children?

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Jan 5, 2019
John R Gaertner Jr's answer
Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.

Q: In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?

1 Answer | Asked in Child Custody and Divorce for Arizona on
Answered on Dec 21, 2018
Donald Arthur Hilland's answer
Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your owning up to your responsibilities. I have seen them very cleverly craft child support orders for noncustodial parents who earn overtime so that the custodial parent receives a large amount of child...

Q: do you all help with child custody in a gay relationship?

1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on
Answered on Dec 12, 2018
Randi Sirlin's answer
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

Q: Should I get a restraining order, request child support, or just go to court?

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on
Answered on Dec 8, 2018
John R Gaertner Jr's answer
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.

Q: What would be a valid reason to request telephonic hearing for a custody case?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Nov 9, 2018
Randi Sirlin's answer
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.

If it were me, I would address the probation violation with a criminal defense attorney.

If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...

Q: Where do I look for publications if someone is trying to notify me of a summons and don't know where to find me?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Nov 1, 2018
Randi Sirlin's answer
Someone can publish in ANY periodical of general distribution, which could be some small publication you will never find.

I recommend going to superiorcourt.maricopa.gov and look under "case information." Put in your name and or the other person's name.

If you need help with the case, I recommend consulting with an experienced family law attorney.

Q: If I am not directly served with a petition and don't go to court can I lose my rights in a custody case?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Oct 25, 2018
Randi Sirlin's answer
If you avoid being served and you don't show up, the Court may enter a "default" judgment and your position will not be taken into consideration.

Q: Privacy of communication between children and non-custodial parent

1 Answer | Asked in Child Custody and Communications Law for Arizona on
Answered on Sep 25, 2018
Randi Sirlin's answer
In terms of what is legal in the State of Arizona, this depends, in part, on what your parenting plan states.

Most parenting plans do contain clauses regarding communications between the parent who is not with the children and the children and a good parenting plan will include orders that the parents allow privacy for the child and communicating parent, so long as there are no concerns regarding inappropriate communications.

If your parenting plan does not have the appropriate...

Q: How do I get a child custody order changed?

1 Answer | Asked in Child Custody for Arizona on
Answered on Sep 23, 2018
T. J. Jesky's answer
In order to modify the Custody Order, you will need to go to Court and present a good and compelling reason why you want the modification. You will need to convince a Judge that the circumstances have changed since the original Order was issued. This will most likely be an uphill battle. This is where you will need the services of a local Family Law attorney.

Q: Can I receive full custody of my 3yr old if his father has never been around and is now going to prison in Arizona?

1 Answer | Asked in Child Custody for Arizona on
Answered on Sep 19, 2018
Randi Sirlin's answer
I am not permitted to give you legal advice without meeting with you, but given the information you have provided, I can provide information to you.

There really are not "grandparent rights" anymore, as parents have the ultimate right to determine who spends time with their children.

If the grandmother attempts to pick up your son again, you can call the police.

Based upon the information you provided, you would likely be given "sole legal decision-making authority,"...

Q: can someone help me with my family case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Sep 18, 2018
Randi Sirlin's answer
Prior to filing an appeal, you will need to file a post-judgment motion regarding what took place on the 12th.

If you need assistance, I recommend contacting an experienced family law attorney.

Q: How can I stop my spous from taking our children to another country for vacation?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Sep 17, 2018
Randi Sirlin's answer
Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.

You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court....

Q: Can unmarried mother of 6 mo child move out of AZ, if father wants child to stay? Lived together 3 yrs, no court orders.

1 Answer | Asked in Child Custody for Arizona on
Answered on Sep 13, 2018
Randi Sirlin's answer
Until recently, the answer to your question was a yes. Now it is more complex, If the Father signed the birth certificate at the hospital.

However, there are ways through the Courts to get permission to move and though various motions.

I recommend contacting an experienced family law attorney to help you out further.

Q: How likely would it be for me to get full custody of my son? I am gathering information right now

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Answered on Sep 12, 2018
Randi Sirlin's answer
Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.

This is sometimes based upon who has historically made these decisions, but the result will be dependent upon your particular circumstances.

If you are asking about parenting time, this is also very fact based and will depend on the age of your son, how his adjustment to his home, school and...

Q: i havent established paternity (mom says he's mine) mom gave me child (unfit) he's living with m can he be taken away

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Sep 10, 2018
Peter H. Westby's answer
Your child's biological mother can take him at any time if you do not have court orders. I recommend hiring a family law lawyer as soon as possible to assist you in obtaining appropriate court orders.

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