The short answer is yes, it is possible. However, just like any other case it is detail and case specific. The judge will make a best interest finding in determining what the best interest of the child is, and most of the time in this sort of situation that would be a stepped plan to introduce...Read more »
There are a lot of things one CAN do and then there are the things one SHOULD do. You should file a joint petition with the Court (assuming the child's father agrees to his having sole custody) and have the Court issue a modified child custody order. Changing child custody and parenting time...Read more »
My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »
Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the...Read more »
While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if...Read more »
Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has...Read more »
Can The other parent try to take the father to court if the father marries a new partner with children? I was never married to my sons mother, now I am getting married and she is saying she will take me to court for child support if I do. My soon to be wife does make good money but she also... Read more »
These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his...Read more »
You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place...Read more »
We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there...Read more »
Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »
I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the...Read more »
Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will...Read more »
The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?
No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.
I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »
It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your...Read more »
Now our vacation dates have overlapped. I am willing to compromise but he will not. The order states in even years he has first choice when they overlap. Since he failed to provide information to me in April, does that nullify his first choice right for picking dates?
Based only on the information you provided, it sounds like it would. The court might consider other facts, though, such as whether you already made travel arrangements before you selected your preferred dates. Essentially if there is no cost to you to defer to him even though he's late, you...Read more »
I have sole legal decision and sole physical custody of my daughter my ex had supervised visits every other Saturday my ex husband is 16,000$ behind in child support, has domestic violence charges but wants 50/50 custody now (after he has gone two years without seeing her) will I be able to move... Read more »
Possibly, but you WILL need to petition the Court to modify your current child custody order. You will have to make a case to the Court that your move is in your child's best interests. The fact that the ex has not been availing himself of his right to parenting time and is in arrears will...Read more »
As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel...Read more »
Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... Read more »
So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still...Read more »
Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children...Read more »
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.