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?
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.
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.
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.
I may need a lawyer
answered on Nov 9, 2022
I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.
I am in a custody case with my 15 1/2 yr old son and his biological father. We were never married. The Judge issued temp orders in March and our final court is the end of October. I have given proof to my atty of how many of those orders he violated and wanted her to file Contempt of Court charges.... View More 
answered on Oct 17, 2022
You can file a Petition for Contempt of Temporary Orders prior to the final trial. Your attorney may be hesitant to do so now because there's a good chance it would lead to the final trial being postponed 3-4 months. You also might be past your deadline to disclose the evidence for use at... View More
I am in Arizona and my children's father lives in California. We meet halfway which is approximately 400 miles for each of us. Our child support order states he is responsible for 74% of travel costs related to parenting time over 100 miles away. Is it calculated after the initial 100 miles... View More
answered on Oct 9, 2022
Your Decree should provide the direction.
If it doesn't, then the two of you need to discuss what standard you're going to use. Right now, the IRS standard is 62.5 cents per mile. Based on that standard, you each are incurring $250.00 (62.5 cents times 400 ... I'm presuming... View More
My ex and I are in the final stages of my petition to modify child custody. We need to meet to compile our pre trial statement. My ex insists on bringing his new wife when we meet up. I've reminded him that the judge at our last conference had mentioned that she has no say in this matter but... View More
answered on Oct 9, 2022
Yes, you should meet with him and his wife to do the joint pretrial statement. It's more important that you do the joint pretrial statement than it is that she not participate. I don't think the judge is likely to react favorably either to his insistence that she be there or your refusal... View More
answered on Oct 9, 2022
You should immediately file a Petition to Establish Legal Decision-making, Parenting Time, and Child Support with the Court.
https://superiorcourt.maricopa.gov/llrc/fc_group_6/
At the same time, you should file a Motion for Temporary Orders asking the child be returned to the... View More
answered on Sep 27, 2022
No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.
Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or... View More
I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... View More
answered on Sep 27, 2022
Who pays child support currently is unrelated to whether arrears are owed.
Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.
I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... View More
answered on Sep 14, 2022
It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... View More
Proof I was served. She was served first. Should I respond to her county even tho orders were placed in my county where I and the child reside and I have temp custody.?
answered on Sep 13, 2022
I'd file a Motion to Dismiss in her county. You'll file under ARFLP Rule 29(b)(6), saying she requested relief that cannot be granted because a proceeding has already been commenced in your county, and service has occurred there.
Make sure you write that are "specially appearing."
I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.
answered on Sep 8, 2022
If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... View More
She was probably served through the courts with the last address she left on file
answered on Sep 4, 2022
Courts usually don't do the serving at least not if you got custody through the Arizona family court. That's usually your responsibility.
But the bigger issue is to find her and your son. If Internet and social media searches aren't working, then you should hire a private... View More
There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... View More
answered on Sep 2, 2022
You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... View More
answered on Aug 29, 2022
May suggests it's optional, but it does general convey who gets to make the option. Sounds likes this parent may choose to use their parenting time or not, and if they do choose to do so, the other parent should allow it.
I did not put my child’s fathers name on the birth certificate. I took him to court to have his rights severed. He was never in the child’s life. The judge agreed and severed his rights. I am now in need to have his name either on the birth certificate or have him sign an Acknowledgment of... View More
answered on Aug 18, 2022
I cannot imagine a scenario where the father's race would make a scintilla of difference UNLESS the father is associated with a Native American or Alaska Native tribe. THAT would make a huge difference and could cancel the Court's termination of parental rights if it was not considered... View More
My ex has been hostile and withholding her new physical address from me but all information she has provided constitutes custodial kidnapping. Tonight I received a text after requesting the address that I could have it once she was provided with information she wants (there is a clause in the... View More
answered on Aug 8, 2022
No, you do not yet have enough to seek a default judgment. Your next step is to request alternative service. I highly encourage you to find a qualified family law attorney in the jurisdiction where your child custody order was entered to assist you in this process.
My ex claimed he has an restraining order against my husband therefore my husband is not allowed at the drop off and pick up exchanges for the children. It has come to our knowledge that there is no restraining order nor injunction of harassment , we went to multiple courts where they can't... View More
answered on Jul 12, 2022
If your current husband has not been served with notice of a restraining order and your ex cannot produce proof of such an order being in place, there is no legal reason your husband cannot be present during custody exchanges.
I would suggest he remain in the vehicle and not interact with... View More
He made claims to the court's that he put a restraining order/injunction against me, so I wouldn't go. I went to multiple courthouses in Phoenix as well as in mesa,az and they all said there are not restraining orders open or in place. They did say he filled multiple but 1. I've... View More
answered on Jul 11, 2022
A protective order is not in effect until it is served. As you say nothing has been served on you, the Order of Protection is not in place.
You can be at exchanges unless there's a Court order directing you to not be there. Be very cautious, though, Dad sounds like he may be looking... View More
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