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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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.
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.
Me and my boyfriend were dating for three months prior to him turning 18. Recently, we were at my house and were messing around play fighting and he accidentally damaged my room causing my mom to believe that he hits on me. I dismounted the allegations and she now wants to end my relationship and... Read more »
There is so much to answer here, I cannot do so by email. We should meet.
As a Grandparent, you have the right to (1) seek Grandparent's Visitation", or (2) seek a Voluntary Guardianship, or (3) seek a Permanent Guardianship; or (4) seek a Termination of both parent's...Read more »
If you have sole legal custody and Father has no parenting time, you may be able to move out of state. More information is needed but worth speaking to an Arizona Family law attorney. Most initial consultations are free.
The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »
The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed...Read more »
My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary... Read more »
Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.
If option A is not possible, you might ask the...Read more »
She has been in and out of CPS custody in Arizona 18 months, and a year or so in Oregon. There has been and is currently physical confrontations with her mother. She recently did a DNA test and found the man she called dad wasn't. She is afraid to return to Oregon because her... Read more »
If she has been living with you six months, you may file in Arizona. If she has lived in Arizona less than six months, you would need to file in whatever state she last lived in for six consecutive months. If she has been back and forth repeatedly and not truly established a state of residence, you...Read more »
She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep... Read more »
Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account...Read more »
Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but...Read more »
He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.
If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites...Read more »
My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.
You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.
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