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Arizona Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »

Mike Branum
Mike Branum answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Stephen M Vincent
Stephen M Vincent answered on Oct 12, 2021

I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Mike Branum
Mike Branum answered on Oct 12, 2021

The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.

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1 Answer | Asked in Child Custody for Arizona on
Q: Does a spouse (lesbian marriage) that is separated from her wife have rights to the child born out of wedlock?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No as to parental rights. Parental rights are only available to wives of bio mom if the child was born during the marriage or if the wife adopted the child.

But she may have a claim for third-party rights. That would be worth discussing with an attorney to see what options may exists there.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex and I have 50/50 custody. He told me via text that he's moving out of state. Does that count as written notice?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).

I'm going to quote A.R.S. 25-408(A)-(E) here for your information:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

Stephen M Vincent
Stephen M Vincent answered on Aug 8, 2021

You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What papers do I file to terminate a parenting plan?

My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 6, 2021

There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What forms would I fill out to terminate parenting plan? If me and the other parent are in agreement.

We now live together and would like to have our old custody order parenting plan terminated.

Randi Sirlin
Randi Sirlin answered on Aug 6, 2021

The court will have to approve any parenting plan you file. There may not be a form for a stipulated modification of legal decision-making and parenting time. The court will also have to approve any stipulated modification of child support. I suggest you contact an experienced family law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character

Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

I am sorry to hear that.

His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to end a custody order if both parents want that? To where there is no court order in place?

We went to court Oct 2018. We reconciled in March 2019, and we’ve been together ever since. We now live together. Child support was ended 2 years ago. We just want there to be no custody order in place, as it was a stressful and hard time for the both of us. And we’re willing to ask the judge... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

Yes. You can file a Joint Petition to Terminate Parenting Plan and explain what you've explained here. That the two of you have reconciled and are living together, so there is no longer a need for a Parenting Plan.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can I get my custody case moved from Tennessee to where I have lived (Arizona) for almost a year.

My sons father filed for custody 8 months after I left because of the abusive nature he acted around and to me and my son. He said he didn't want pictures or videos or to hear anything about my son. Then he filed for full custody after almost a year. As of now I have full custody because the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 4, 2021

Possibly. It depends on whether or not Tennessee has ever issued a Parenting Plan (aka "custody order").

If Tennessee has previously issued a custody order, and if your ex remains in Tennessee, then Tennessee is the state with jurisdiction and only Tennessee will have...
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1 Answer | Asked in Child Custody for Arizona on
Q: I want to file for custody of my son. We have a protection order against his father. I’m not sure how would go in court

His father is severely mentally ill has been for the past 2 years and it has gotten out of hand on top of drug use and homelessness from the father

Randi Sirlin
Randi Sirlin answered on Aug 3, 2021

I do not know the status of your matter (whether there are any prior orders or whether you are starting a new case) and I am not able to give you legal advice without knowing more information, but whether you have an ongoing case or not, you will want to gather as much evidence as possible and then... Read more »

3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: If both parents can agree that one of the parents should have sole custody. Can I just get something notarized?
Stephen M Vincent
Stephen M Vincent answered on Jul 21, 2021

It really depends on where you are in the case. If no orders have ever been made, I would file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support, as you need to file a Petition to start a case.

Then it's a matter of filling out a Parenting...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How many months is considered abandonment in arizona?
Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

Six months.

The standard for abandonment in Arizona is found in ARS 8-531(1), which reads: ""Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I file for emergency custody orders if other parent is medically incapacitated in Mexico?

Currently have temporary custody orders in place 50/50 legal/physical in Arizona. Mother is in Mexico in ICU not able to care for child and not been present for her parenting time for obvious reasons.

Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

The standard for filing for an emergency is whether the child is likely to face irreparable harm if the orders are not changed. If she's medically incapacitated and the child is in her care, then that could be grounds for an emergency. If the child is in your care, your grounds for emergency... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: In AZ, can you record someone (1 party consent) legally if you yourself do Not say to the other person you are recording

Is it accepted as evidence/discovery ?

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

This is a one-party recording state, so long as one party knows they're being recorded, it is legal. (That may not apply if one of the parties is in another state).

It is potentially admissible evidence. It will need to be disclosed and needs to be relevant. Opposing party/counsel will...
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