Lawyers, Answer Questions  & Get Points Log In
Arizona Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum answered on Aug 2, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If I have a 50/50 court order nochild support (each parent pays for the 3 1/2 days we both have the child) will I have

To Pay child support once I get married? (Me and the mother were never married)

Mike Branum
Mike Branum answered on Jul 22, 2020

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 »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this

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 »

Jay Hall
Jay Hall answered on Jul 14, 2020

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 »

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

View More Answers

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: .my parental rights just got terminated and now they're moving to the adoption process what can I do for my case
Mike Branum
Mike Branum answered on Jul 12, 2020

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: child abuse multidisciplinary account fee"Does that mean there was child abuse involved

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?

Mike Branum
Mike Branum answered on Jul 6, 2020

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.

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

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 »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My parenting plan states my ex needs to provide dates for his 2 week summer block by April, but he never did.

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?

Jay Hall
Jay Hall answered on Jul 2, 2020

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 »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Will judge allow me to relocate with my child if husband is joining Army?

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 »

Mike Branum
Mike Branum answered on Jul 2, 2020

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 »

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum answered on Jul 1, 2020

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 »

View More Answers

2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

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 »

Jay Hall
Jay Hall answered on Jun 1, 2020

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 »

View More Answers

1 Answer | Asked in Child Custody and Civil Rights for Arizona on
Q: I'am married and no custody in place can I bring my kids from NEBRASKA to ARIZONA

My husband left the state without my permission the kids were supposed to stay with me can I pick them up from NEBRASKA and bring them to az without breaking the law he lied to me and the kids

Jay Hall
Jay Hall answered on May 25, 2020

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: If the other parent hasn't followed the custody agreement how to do go about filing papers to inform the judge of this

The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order

Jay Hall
Jay Hall answered on May 25, 2020

There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can I do about receiving a summons for a custodial interference charge to appear in court,

The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).

Instead of focusing on that, you will want to...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How do I get 50/50 custody of my 4 month old son?

The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: As per my question I submitted, could you kindly call to set up an appointment to discuss my case. Thks.
Mike Branum
Mike Branum answered on Mar 6, 2020

The attorneys on this website are not allowed to solicit business when answering questions or provide contact information through the "Ask-a-Lawyer" platform. You should be able to gather enough information from the profile of the attorney who answered your question to determine how to contact them.

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.