Lawyers, Answer Questions  & Get Points Log In
Arizona Child Custody Questions & Answers
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.

View More Answers

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...
Read more »

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...
Read more »

View More Answers

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...
Read more »

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...
Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I’m at a loss as what to do. My ex and his wife are harassing me every day about what I can and can’t do with my kids.

My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »

Mike Branum
Mike Branum answered on Jul 14, 2021

Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Arizona on
Q: I need information regarding grandparent rights. my daughter is having issues with the father of her son and parents

the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... Read more »

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

Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;

(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I have an in-home intervention w/court oversight with DCS. If I give my Brother guardianship will Dcs close the case
Mike Branum
Mike Branum answered on Jun 14, 2021

The short answer is no. DCS will likely keep the case open until they are confident there is no longer a concern that the child(ren) will be abused or neglected. Merely giving your brother guardianship is not extremely reassuring; particularly because it is your brother and DCS will likely consider... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Would there be original paperwork, including papers that were served upon defendant, signed documents, etc… on file at

The court if one party is claiming the other signed and relinquished their rights of a child and they were granted full custody??

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

We'd need more information, particularly what relinquishing means. When people typically mention "relinquishing" they can mean one of two things:

1. A parent severed all rights to the child, including that they would no longer be legally recognized as the parent of the the...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: Where can I find an experienced family defense lawyer for my dcs case

My boys are in dcs custody. They were taken while n the care of another. With false aligations. What do I do.

Stephen M Vincent
Stephen M Vincent answered on Jun 9, 2021

I don't handle DCS cases, but I can refer you to some attorneys who do. Feel free to give me a call, and I'll pass their names and numbers along.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: My mom is keeping my kids from me and she has given both of them away to people i dont know what do i do?

I signed over custody of my kids to both my parents. My mom took my kids to Ohio and wont let me or my dad talk/see them. She gave my daughter to a family ive never met before and wejust got a message from a family friend saying she doesnt have chandler anymore. How do i find out where they are... Read more »

Mike Branum
Mike Branum answered on May 26, 2021

If you relinquished your parental rights when you "signed over custody," you have no options. Without a lot more information, it will be difficult to provide you much useful guidance. I strongly encourage you to consult with an Arizona family law attorney. There are pro bono resources... Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is this acceptable when he has joint custody?

Hi, I have a parenting agreement that was done in 2019. We share joint custody. However my son’s father only spends about 16 hours a month with him. Refuses to spend more time. Does not take him to or schedule any doctors appointments. Never calls off work to stay home with him when he is sick.... Read more »

Rich J. Peters
Rich J. Peters answered on May 25, 2021

Certain items of your Orders are always modifiable under certain circumstances, including Legal Decision Making and Parentng Time. Timing is important when pursuing modification of any Orders, and delays can have detrimental effects. The manner of seeking change is through a Petition to Modify.... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What should I file if the respondent in a custody case filed a response but never showed up to court? Default decree?

Default decree without a hearing

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

I would need to know more about your matter in order to answer the question. In some counties in Arizona, you may set up an account with the court's electronic filing system. It is important that you enter into the registration system the driver's license currently on file with the... Read more »

2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

Do you have Court Orders? PERHAPS law enforcement may assist you if you have Orders. However, it is more commopn in my experience that they do not intervene, and instead will suggest that you both need to get the Court incolved.

If there are NO Court Ordetrs, file. File now. She does not...
Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Arizona on
Q: Hello my husband owes arrears for child support. He been paying but he still owes a lot. He received a letter from child

Support saying that they put a lien on any property he has. Does that mean ex can sell the property whenever the ex wants?

Peter W Davis
Peter W Davis answered on Mar 2, 2021

The lien does not confer the right in her to foreclose the property. It places a notice to the finance company or new purchaser that there is another interest in the property. Essentially, if you sell or potentially even refinance the house the lien holder can come after the equity that would... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can a child custody case be reopen if the father was granted full custody already
Mike Branum
Mike Branum answered on Jan 17, 2021

The short answer is yes.

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.