Lawyers, Answer Questions  & Get Points Log In
Arizona Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: My mom is keeping my kids from me and she has given both of them away to people i dont know what do i do?

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 »

Mike Branum
Mike Branum answered on May 26, 2021

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 »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is this acceptable when he has joint custody?

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 »

Rich J. Peters
Rich J. Peters answered on May 25, 2021

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 »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What should I file if the respondent in a custody case filed a response but never showed up to court? Default decree?

Default decree without a hearing

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

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 »

2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

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 »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

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 »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

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 »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

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 »

View More Answers

1 Answer | Asked in Child Custody for Arizona on
Q: Hello my husband owes arrears for child support. He been paying but he still owes a lot. He received a letter from child

Support saying that they put a lien on any property he has. Does that mean ex can sell the property whenever the ex wants?

Peter W Davis
Peter W Davis answered on Mar 2, 2021

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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

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 »

Mike Branum
Mike Branum answered on Feb 24, 2021

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can a child custody case be reopen if the father was granted full custody already
Mike Branum
Mike Branum answered on Jan 17, 2021

The short answer is yes.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to grant visitations unsupervised to a child that has not had a relationship with her father?
Peter W Davis
Peter W Davis answered on Jan 8, 2021

The short answer is yes, it is possible. However, just like any other case it is detail and case specific. The judge will make a best interest finding in determining what the best interest of the child is, and most of the time in this sort of situation that would be a stepped plan to introduce... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can I write something out myself, giving my son's father sole custody, and then have it notarized, and give it to him?

We have an equal joint custody agreement in the state of Arizona.

Mike Branum
Mike Branum answered on Dec 30, 2020

There are a lot of things one CAN do and then there are the things one SHOULD do. You should file a joint petition with the Court (assuming the child's father agrees to his having sole custody) and have the Court issue a modified child custody order. Changing child custody and parenting time... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Do we even have a leg to stand on?

My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: I have a question my son is resign under his father we do have 50/50 custody. If I move out of the states can he

File full custody even tho I let the court know I move out of state for what’s best for my son

Randi Sirlin
Randi Sirlin answered on Sep 28, 2020

You can not take your son and move him out of state without a court order. You should contact an experienced family law attorney to discuss a relocation case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: In Arizona a coworker keeps talking about the drugs he does, he has 3 kids is it illegal for me to tape him? For police

He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?

Mike Branum
Mike Branum answered on Aug 25, 2020

Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If you have 50/50 no child support each parent pays for the clothing, food, shelter while the child is in their care,

Can The other parent try to take the father to court if the father marries a new partner with children? I was never married to my sons mother, now I am getting married and she is saying she will take me to court for child support if I do. My soon to be wife does make good money but she also... Read more »

Peter W Davis
Peter W Davis answered on Aug 20, 2020

Child support can be established at any time the parties are living apart. It can also be modified at anytime upon a showing of substantial and continuing change in circumstances.

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 »

2 Answers | 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 »

View More Answers

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

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.