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Arizona Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Arizona on
Q: IF MY SON AND I MOVED BACK TO AZ AND I SEPARATED FROM MY WIFE WHILE SHE WAS IN SCHOOL BUT WITH KNOWLEDGE. CAN SHE FILE

SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING

James L. Arrasmith
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answered on Jun 18, 2023

If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may... View More

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Child Custody for Arizona on
Q: Can a person use a private investigators findings in court
John Michael Frick
John Michael Frick
answered on May 19, 2023

I’m bothered by the word “findings.”

Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.

1 Answer | Asked in Child Custody for Arizona on
Q: Will a Az judge look down upon a mother seeking sole custody of our twins with no visitation for father and is online

Where she solicits men to pay her to perform sexual acts they want to see her perform for set amounts of money?

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2023

If your talking about Mother making money by camming, that is not something that's likely to factor in.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can my son do if his sons ‘baby momma’ is calling herself a surrogate and offering to give him full custody for$

He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2023

He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.

He can...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: If I am seeking Temporary custody for my grandchild in HI, I live in AZ, both parents give permission, is court needed?

Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2023

Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.

I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may...
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1 Answer | Asked in Child Custody for Arizona on
Q: Can a phone call recording be used in court without the consent to record of both parties in arizona?
Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2023

Yes. Arizona is a one-party consent state, meaning only one party in the conversation needs to be aware that the conversation is being recorded.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: In az going through a divorce with child custody with no court order just yet, Can I keep my kids until then?

Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.

Stephen M Vincent
Stephen M Vincent
answered on Apr 28, 2023

Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can My attorney garnish my wages

My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 28, 2023

She can.

But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.

I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Ex wife emails asking to go from 50/50 to 90/10 parenting time

I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 23, 2023

First, a 12-year-old doesn't get to pick where she lives.

"Does she have a case for modification w/o any substantial change in circumstances? "

She has to show a material change of circumstances affecting the child's well-being to qualify for a modification....
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Arizona on
Q: Judges duty, a judge knows but acts like she doesn't know. How to get her on that? Should I report this judge?

AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.

You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My 9 year old daughter told me her dad pulls her pants down and beats them with a belt her and my 4yo idk what to do

2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ

Stephen M Vincent
Stephen M Vincent
answered on Mar 6, 2023

That is horrifying.

I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can the father of my child make me move back to our home state after ghosting me for 5 years and dening everything?

The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Are court clerks ALLOWED to have access to a personal case before the document is served to them?

I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.

1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Arizona on
Q: Can I sue my gfriends ex husband for taking full custody of my biological child. They were married during our conception

I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 21, 2023

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Stepmother emotional abuse what can be done?

Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

I am so sorry to hear what your children have been through.

That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Hi is there a lawyer who specializes in gaurdianship cases thats willing to take my case for free?
Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Does communications regarding kids behavior have to go through lawyer without a court order?

We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can my ex husband demand I take a drug test?
Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

If it's related to child custody, and he has a good-faith suspicion that you might be using drugs, he can ask the Court to order you to submit to drug-testing.

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