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Arizona Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can you help me time is not on my side

I may need a lawyer

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My sons ex girlfriend will not allow me to have any contact with my granddaughter, what can I do to see the baby?
Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Ex moving out of state… ?

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 »

Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: Counseling notes

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 »

Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need advice please

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 »

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What can I do?

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 »

Stephen M Vincent
Stephen M Vincent
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,...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need to know if this is how it works

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 »

Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: How do I calculate travel costs to determine the reimbursement amount for parenting time over 100 miles away?

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 »

Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Child Custody for Arizona on
Q: Can I get my ex to meet with just me for a pretrial statement and not bring his wife in a modification of child custody?

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 »

Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My girlfriend left and possibly left the state with our 9month daughter. We've never established custody. What can I do?
Stephen M Vincent
Stephen M Vincent
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 »

1 Answer | Asked in Child Custody for Arizona on
Q: What statue states that each parent is entitled to the other parents medical records?
Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.

Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... Read more »

Randi Sirlin
Randi Sirlin
answered on Sep 14, 2022

It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court in two counties at same time. I'm ready to continue with default in my case/ county. Her county has no

Proof I was served. She was served first. Should I respond to her county even tho orders were placed in my county where I and the child reside and I have temp custody.?

Stephen M Vincent
Stephen M Vincent
answered on Sep 13, 2022

I'd file a Motion to Dismiss in her county. You'll file under ARFLP Rule 29(b)(6), saying she requested relief that cannot be granted because a proceeding has already been commenced in your county, and service has occurred there.

Make sure you write that are "specially appearing."

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just obtained soul physical and so legal custody of my son however I can't locate my son or the mother

She was probably served through the courts with the last address she left on file

Stephen M Vincent
Stephen M Vincent
answered on Sep 4, 2022

Courts usually don't do the serving at least not if you got custody through the Arizona family court. That's usually your responsibility.

But the bigger issue is to find her and your son. If Internet and social media searches aren't working, then you should hire a private...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 2, 2022

You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: When order say, MAY practice their parenting time.... Does that mean, they can if they want to or do they have too?
Stephen M Vincent
Stephen M Vincent
answered on Aug 29, 2022

May suggests it's optional, but it does general convey who gets to make the option. Sounds likes this parent may choose to use their parenting time or not, and if they do choose to do so, the other parent should allow it.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Will an Acknowledgment of paternity cancel out court ruled severed rights?

I did not put my child’s fathers name on the birth certificate. I took him to court to have his rights severed. He was never in the child’s life. The judge agreed and severed his rights. I am now in need to have his name either on the birth certificate or have him sign an Acknowledgment of... Read more »

Mike Branum
Mike Branum
answered on Aug 18, 2022

I cannot imagine a scenario where the father's race would make a scintilla of difference UNLESS the father is associated with a Native American or Alaska Native tribe. THAT would make a huge difference and could cancel the Court's termination of parental rights if it was not considered... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: At what point will a judge enter a default judgment due to inability to serve?

My ex has been hostile and withholding her new physical address from me but all information she has provided constitutes custodial kidnapping. Tonight I received a text after requesting the address that I could have it once she was provided with information she wants (there is a clause in the... Read more »

Mike Branum
Mike Branum
answered on Aug 8, 2022

No, you do not yet have enough to seek a default judgment. Your next step is to request alternative service. I highly encourage you to find a qualified family law attorney in the jurisdiction where your child custody order was entered to assist you in this process.

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