AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... Read more »
answered on Mar 21, 2023
Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.
You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of... Read more »
2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ
answered on Mar 6, 2023
That is horrifying.
I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site... Read more »
The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.
answered on Feb 22, 2023
Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP
I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?
answered on Feb 22, 2023
Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... Read more »
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... Read more »
Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... Read more »
answered on Feb 13, 2023
I am so sorry to hear what your children have been through.
That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... Read more »
answered on Jan 21, 2023
You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.
We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... Read more »
answered on Jan 21, 2023
If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."
Be patient on child support. The... Read more »
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »
answered on Jan 18, 2023
Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... Read more »
answered on Dec 29, 2022
If it's related to child custody, and he has a good-faith suspicion that you might be using drugs, he can ask the Court to order you to submit to drug-testing.
I may need a lawyer
answered on Nov 9, 2022
I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.
answered on Nov 6, 2022
Your best option is to have your son to establish his custodial rights and then you can see your granddaughter when your son has her. If that's not a possibility, you can file for grandparent visitation. But the difference between your son filing and you filing, though, is this: He has a... Read more »
My ex husband is wanting to move out of state….over 1000 miles away. Newly remarried. Our daughter is 9 and he wants me to agree to shuffling her back and forth to another state … one month on and off. I politely declined and stated she can stay here with me to provide stability for schooling... Read more »
answered on Nov 2, 2022
No judge is going to make a 9-year-old do a one-month on, one-month-off schedule for the very reason you hit on: School. Even when children are not school age, few judges are willing to do month-on, month-off because it's really not in a child's best interests to be living in two... Read more »
I am in a custody battle with my ex-boyfriend over my 15 1/2-year-old son. We have a final court date next week. I need to know HOW he got copies of MENTAL THERAPY NOTES from 5-6 years ago. How did he do that without my knowledge?? These are not medical records. These are MENTAL THERAPY NOTES that... Read more »
answered on Oct 23, 2022
Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.
For medical (including counseling) or... Read more »
I just received the opposing party's exhibits in our child custody case. The opposing party is my ex-boyfriend that is my son's biological father they just met each other in August 2021, at my son's request. My son will be 16 in November. They have mental health visits and notes... Read more »
answered on Oct 21, 2022
Since he is the child's father, he is legally entitled to any medical records involving your son. For any medical record involving your son, he does not need your permission to obtain them. If they're your medical records, then you would have needed to sign a HIPAA Release.
You... Read more »
I am in a nearly year-long custody battle. It has been a nightmare. I have an atty and I was paying her out of every check for a while now. We currently have temp orders and the final court date is next week. Six weeks ago I was in a car accident and fractured my back in 4 places so I had to go on... Read more »
answered on Oct 21, 2022
I feel for you because you're in a tough spot. It's too late to change counsel, and you're better off with an attorney, even a disinterested one, than going on your own.
She has an ethical duty to be diligent in her representation of you. Even if she's not getting paid,... Read more »
I am in a custody case with my 15 1/2 yr old son and his biological father. We were never married. The Judge issued temp orders in March and our final court is the end of October. I have given proof to my atty of how many of those orders he violated and wanted her to file Contempt of Court charges.... Read more »
answered on Oct 17, 2022
You can file a Petition for Contempt of Temporary Orders prior to the final trial. Your attorney may be hesitant to do so now because there's a good chance it would lead to the final trial being postponed 3-4 months. You also might be past your deadline to disclose the evidence for use at... Read more »
I am in Arizona and my children's father lives in California. We meet halfway which is approximately 400 miles for each of us. Our child support order states he is responsible for 74% of travel costs related to parenting time over 100 miles away. Is it calculated after the initial 100 miles... Read more »
answered on Oct 9, 2022
Your Decree should provide the direction.
If it doesn't, then the two of you need to discuss what standard you're going to use. Right now, the IRS standard is 62.5 cents per mile. Based on that standard, you each are incurring $250.00 (62.5 cents times 400 ... I'm presuming... Read more »
My ex and I are in the final stages of my petition to modify child custody. We need to meet to compile our pre trial statement. My ex insists on bringing his new wife when we meet up. I've reminded him that the judge at our last conference had mentioned that she has no say in this matter but... Read more »
answered on Oct 9, 2022
Yes, you should meet with him and his wife to do the joint pretrial statement. It's more important that you do the joint pretrial statement than it is that she not participate. I don't think the judge is likely to react favorably either to his insistence that she be there or your refusal... Read more »
answered on Oct 9, 2022
You should immediately file a Petition to Establish Legal Decision-making, Parenting Time, and Child Support with the Court.
https://superiorcourt.maricopa.gov/llrc/fc_group_6/
At the same time, you should file a Motion for Temporary Orders asking the child be returned to the... Read more »
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