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Arizona Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What can I do?

I am in a nearly year-long custody battle. It has been a nightmare. I have an atty and I was paying her out of every check for a while now. We currently have temp orders and the final court date is next week. Six weeks ago I was in a car accident and fractured my back in 4 places so I had to go on... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 21, 2022

I feel for you because you're in a tough spot. It's too late to change counsel, and you're better off with an attorney, even a disinterested one, than going on your own.

She has an ethical duty to be diligent in her representation of you. Even if she's not getting paid,...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just left Arizona with my three kids to escape my abusive ex and go back to our home in Ohio with all of our family

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

Mike Branum
Mike Branum
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.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I need to decide when and how I should start obtaining full sole custody of my four-year-old daughter.

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

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Pre trial statement sent yesterday , new evidence came to light today ,is there anything we can do ?

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

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: If my granddaughter lives in NM and I reside in AZ, where do I file for grandparents visitation rights? Az or NM?

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.

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

New Mexico

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: So I got 2 letters regarding a family custody case one shows order of reassignment and the other shows order

In the order letters is says I need to file a response that contains citation to relevant statues and case law

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

Sounds like they must have reassigned the judge in your case, and it (presuming service was proper) sounds like you are on the clock to file your Response. Without knowing what type of Petition or other request they filed, I can't advise you further.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Mother has residential custody but father has full legal decision making, can court prohibit mom from school?

Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More

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

Yes, the Court can prohibit you from going to the school.

Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.

This happened at an RMC? The Court can't make orders at an RMC unless...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Best way to file a CLEAN OOP in a family custody case after original OOP was taken apart?

We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.

This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Arizona on
Q: I filed a motion for reconsideration today based on ARS 95a and ARS 83b after being ordered to pay 2k for TI at RMC

RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Arizona Family Law In my divorce case, our judge ordered me to pay in 10 days 2k for TI visits with father. Cant afford

I get SS disability and cannot afford it. Child lives with me and father is abuser. Can i file a motion to reconsider? Can we get a cheaper TI? What if i cannot afford a TI? Judge keeps saying im blocking efforts and not participating

Stephen M Vincent
Stephen M Vincent
answered on Jul 18, 2023

Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).

2 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Legal contract

I live in goodyear arizona, 85395. I am going to have sex with a girl soon and i want her to sign a contract stating that if she gets pregnant, that she is legally obligated to have an abortion, give it up for adoption, or not make me pay child support. If i make a contract and have both of us sign... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Probably not.

If you don’t want to run the risk of fathering a child, a vasectomy is a better option.

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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 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, 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.

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