Get free answers to your Child Custody legal questions from lawyers in your area.
Can I take the child legally
answered on Jan 17, 2024
She can. You can't.
Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of... View More 
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
answered on Jan 5, 2024
If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
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answered on Jan 2, 2024
In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More
My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she... View More
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answered on Dec 31, 2023
In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your... View More
Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.
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answered on Dec 27, 2023
In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More
Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.
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answered on Dec 5, 2023
In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this... View More
Since April 2021, DCS's involvement in my family has led to ongoing systemic abuse and rights violations, exacerbated by fraudulent legal proceedings. Despite efforts to rectify the situation and four years marked by coercion, false custody modifications, and lack of due legal process, my... View More
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answered on Mar 24, 2025
Your situation sounds incredibly challenging and traumatic. The violations you describe involving DCS, fraudulent proceedings, and the unsafe placement of your children represent a serious failure of the systems meant to protect families.
Looking at your options now, you may need to pursue... View More
Mother requested CAA for two minor children, father emailed CAA and said he would not pay or participate with best interest as he thought it was stupid
answered on Dec 31, 2024
The CAA will likely alert the Court, either prior to issuing the report, or within the report, that father refused to cooperate. The report will then likely be in your extreme favor. There could also be some manner of financial sanction, reallocation of the CAAs costs (require you to initially... View More
The child is 5, tries to record phone call on phone. Each time I’ve answered I hear an alert saying phone call is being recorded.
answered on Dec 12, 2024
Presuming all parties are in Arizona, then yes. Arizona is a one-party recording state, i.e., only one person involved in the conversation needs to know a recording is being made. You could, however, request the Court order the other parent not record the phone calls.
Here is what i need interpreted "Father shall provide mother and letter from his provider confirming with his compliance with treatment every 6 months. Father shall also provide counseling and or therapy records to mother every 6 months" I'm trying to figure out this means I have to... View More
answered on Dec 9, 2024
You need to provide the notes. "Counseling or therapy records" is meant to refer to the session records. The proof of attendance is part of the compliance letter your counselor sends.
im 17 the babys mother is 16, a couple months after finding out her and her family cut off all contact we said okay and have only asked how the babys doing sense but they will not answer any of our questions. She lives with both of her parents and her dad is a sex offender he preyed on young girls... View More
answered on Oct 10, 2024
You and your parents (who need to file since you're not 18) should contact a family lawyer if they haven't already, should consider filing to get some orders in place and perhaps emergency custody, including orders that her father not have any contact with the child.
He got the police involved when he realized I left and is saying I kidnapped the kids. I know I’m doing the right thing for them but now I’m so scared that he will find us, take the kids, or I will get in trouble
answered on Mar 8, 2024
You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.
I experienced domestic violence with the biological father of my child. He told the child support judge he wanted nothing to do with my child and is currently in prison for a manslaughter charge due to a motor vehicle accident with a bicyclist that resulted in the death of said bicyclist. His... View More
answered on Jan 29, 2024
I recommend you go speak with an attorney who practices in the juvenile courts in Pima County ASAP about filing to terminate his parental rights. If you're going to do it, now is the time. If you don't terminate his rights, he can seek to establish his rights when he gets out of prison.
Dcs removed kids from mom in Feb for drug use , she was told to stay away from druggie boyfriend in order to have contact with the kids , custody trial is 12/4 pretrial statement was sent 11/29 .video of her at boyfriends house came to light today 11/30 anything we can do to submit evidence for... View More
answered on Nov 30, 2023
Yes, I would discuss it all involved ASAP and submit it to the Court as a Supplemental Exhibit ASAP as well. Be aware that the Court might reject it, but it's certainly worth a try. You will also want to review the Court's guidelines for how to submit video evidence.
Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More
answered on Oct 23, 2023
- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More
We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More
answered on Oct 23, 2023
You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.
Domestic... View More
answered on Oct 10, 2023
It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More
Unfortunately my ex daughter in law makes it merely impossible for me to have the right to visit my granddaughter. There's other circumstances between her and my son going on but my concern is me not being able to see her more while they go back and forth with their visitation arrangements.
We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More
answered on Oct 9, 2023
Sounds like your best option is probably to going to be filing a Motion for Reconsideration.
The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.
If you have evidence Father lied, present it and let it speak... View More
We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?
answered on Oct 2, 2023
You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.
If you're... View More
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