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... Read more »
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...Read more »
Live in Phoenix AZ and would like to relocate to Green Bay WI to be with family with my 3 month old. Can I relocate without the fathers permission? We have never been married nor separated, are only dating and each file as single.
This is an extremely complicated situation. Have you discussed the situation with the child's father? Your life will be much less likely to implode if you discuss the situation with him and have a written agreement allowing you to relocate. I HIGHLY recommend that if you are allowed to...Read 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...Read 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... Read 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...Read more »
I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.
If you have not done so already, you can challenge the...Read 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.
A girl at the wedding got online and became “ordained” in a matter of minutes and performed the ceremony with no credentials in hand. He and his wife are no longer together, she left him in July but separate bedrooms occurred in April. There are no minor children involved. Is he legally married... Read more »
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... Read more »
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...Read 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... Read 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.
I presume you and the baby were tested if you delivered in a medical facility. If the baby tested positive, it is likely that CPS will take action against you. Depending on how chronic your dependence is, your parental rights could be terminated. There will be a legal process and you will have the...Read more »
He did not pay while she was in college. I was very ill and eventually disabled and on disability. I did not have the mental capability of addressing the issue real time. Our divorce decree indicated that he was to pay her medical, dental and child support. He canceled her benefits and did not... Read more »
In almost all cases, a parent's obligation to pay child support ends when the child turns 18 and graduates high school. At that time, the parent also is no longer legally responsible to pay for the child's medical and dental insurance. Parents in Arizona are not required to pay for a...Read more »
In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.
"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.
You can find the form for the State of Arizona here:...Read more »
It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... Read more »
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... Read more »
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...Read 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... Read more »
Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three...Read more »
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