1 child moved here already mom won’t allow second child to move
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.
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 »
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 »
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 »
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 »
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.
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 »
Is it accepted as evidence/discovery ?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
The court if one party is claiming the other signed and relinquished their rights of a child and they were granted full custody??
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 »
My boys are in dcs custody. They were taken while n the care of another. With false aligations. What do I do.
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.
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 »
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 »
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 »
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 »
Default decree without a hearing
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 »
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 »
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 »
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 »
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 »
Support saying that they put a lien on any property he has. Does that mean ex can sell the property whenever the ex wants?
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 »
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 »
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 »
The short answer is yes.
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