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

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

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.

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

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."

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

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

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

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 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

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.

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

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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answered on Jul 11, 2022

Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.

You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an... View More

A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.

This comes from ARS 8-539, which reads: " An order terminating the parent-child... View More

There are so many variables. If there is any way you can consult with a competent family law attorney in Pima County, I suggest you do so. If your ex has not made any financial contributions and lives outside the US, I think you have a good case for limiting his visitation to supervised visitation... View More

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.

Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and... View More

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?... View More