Mike Branum's answer My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...
Mike Branum's answer Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.
Donald Arthur Hilland's answer Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your owning up to your responsibilities. I have seen them very cleverly craft child support orders for noncustodial parents who earn overtime so that the custodial parent receives a large amount of child...
John R Gaertner Jr's answer You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
Randi Sirlin's answer If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...
Randi Sirlin's answer In terms of what is legal in the State of Arizona, this depends, in part, on what your parenting plan states.
Most parenting plans do contain clauses regarding communications between the parent who is not with the children and the children and a good parenting plan will include orders that the parents allow privacy for the child and communicating parent, so long as there are no concerns regarding inappropriate communications.
If your parenting plan does not have the appropriate...
T. J. Jesky's answer In order to modify the Custody Order, you will need to go to Court and present a good and compelling reason why you want the modification. You will need to convince a Judge that the circumstances have changed since the original Order was issued. This will most likely be an uphill battle. This is where you will need the services of a local Family Law attorney.
Randi Sirlin's answer Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.
You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court....
Randi Sirlin's answer Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.
This is sometimes based upon who has historically made these decisions, but the result will be dependent upon your particular circumstances.
If you are asking about parenting time, this is also very fact based and will depend on the age of your son, how his adjustment to his home, school and...
Peter H. Westby's answer Your child's biological mother can take him at any time if you do not have court orders. I recommend hiring a family law lawyer as soon as possible to assist you in obtaining appropriate court orders.
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