Arizona Family Law Questions & Answers
Q: My grandson has been placed in kinship care in Arizona through DCS. Can we apply to adopt him before my daughter's right
Mike Branum's answer
My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...
My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...
Q: Can parents get there rights back if they were severed in arizona
1 Answer
| Asked
in
Family Law, Adoption, Appeals / Appellate Law and Child Custody
for
Arizona
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Mike Branum's answer
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.
I wish you luck.
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.
I wish you luck.
Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.
1 Answer
| Asked
in
Family Law, Civil Litigation and Civil Rights
for
Arizona
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Peter H. Westby's answer
A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.
But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.
A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.
But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.
Q: im 16, i make about 1000 a month, if i try to get emancipated would the judge be ok stay with me paying rent to a friend
Rich J. Peters' answer
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.
Q: In my situation (see more info) what are my chances a judge will force my ex to sign IRS Form 8332?
Rich J. Peters' answer
I have handled this exact dispute a number of times, and I am confident the judge will Order him to sign the form OR Order him to pay you the difference his filing causes in your filing. If we have to go to Court, it is very possible the Court would also Order him to contribute to any attorneys' fees you incur due to his unreasonable actions.
The Arizona Child Support Guidelines, ¶27, specifically require that all federal and state tax exemptions applicable to the minor children shall...
I have handled this exact dispute a number of times, and I am confident the judge will Order him to sign the form OR Order him to pay you the difference his filing causes in your filing. If we have to go to Court, it is very possible the Court would also Order him to contribute to any attorneys' fees you incur due to his unreasonable actions.
The Arizona Child Support Guidelines, ¶27, specifically require that all federal and state tax exemptions applicable to the minor children shall...
Q: Is it legal to have to pay two child support orders
Rich J. Peters' answer
I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?
Send me some more details, and I can provide a better answer.
I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?
Send me some more details, and I can provide a better answer.
Q: Do I have to use my military disability payments as income to file my consent decree?
Mike Branum's answer
This is a somewhat complex question and varies state to state. You asked in the Arizona forum, so I will advise that in Arizona disability payments are separate (not community) property and thus not divisible in a divorce HOWEVER they would still be considered income for purposes of determining child support so if there are minor children from the marriage you must disclose all sources of income so that the court may determine child support obligations.
If you are actually in Fort...
This is a somewhat complex question and varies state to state. You asked in the Arizona forum, so I will advise that in Arizona disability payments are separate (not community) property and thus not divisible in a divorce HOWEVER they would still be considered income for purposes of determining child support so if there are minor children from the marriage you must disclose all sources of income so that the court may determine child support obligations.
If you are actually in Fort...
Q: Ex husband wants 15 and 18 yr old to Uber home from school. I am not comfortable with that, he says too bad.
Rich J. Peters' answer
That would make me nervous as a parent as well. Are there other better options?
Perhaps a demand letter from an experienced attorney would convince him to make a more reasonable decision, in the children's best interests.
Please come in soon. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour...
That would make me nervous as a parent as well. Are there other better options?
Perhaps a demand letter from an experienced attorney would convince him to make a more reasonable decision, in the children's best interests.
Please come in soon. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour...
Q: My grandmother passed away and my mother was her executor, my mother passed away in November of 2018 I'm told someone
Ryan K Hodges' answer
You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.
You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.
Q: Is there a way to open a civil case to be reimbursed by my codefendant for half of the restitution I solely paid in full
2 Answers
| Asked
in
Criminal Law, Family Law and Civil Rights
for
Arizona
on
Answered on Feb 19, 2019
Answered on Feb 19, 2019
Zachary Divelbiss' answer
This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...
This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...
Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids
Rich J. Peters' answer
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...
Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?
Rich J. Peters' answer
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.
There are some steps you could/should take in pre-notice...
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.
There are some steps you could/should take in pre-notice...
Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court
1 Answer
| Asked
in
Family Law, Child Custody and Identity Theft
for
Arizona
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Rich J. Peters' answer
You can check here:
http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.
Or maybe here:
https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.
If there is more I can do to assist, please let me know.
You can check here:
http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.
Or maybe here:
https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.
If there is more I can do to assist, please let me know.
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?
Rich J. Peters' answer
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her Petition to Modify? Has a timely response been filed?
Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you...
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her Petition to Modify? Has a timely response been filed?
Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you...
Q: I am seeking to take guardianship of my elderly father from my brother-in-law.
Ryan K Hodges' answer
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody
Randi Sirlin's answer
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.
If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.
There are endless options for parenting plans and finding out what is best for your girls.
I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.
If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.
There are endless options for parenting plans and finding out what is best for your girls.
I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...
Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr
Kevin L Dixler's answer
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Q: Sold AZ house as trustee via broker, now buyer want money for non-permitted construction, Should broker handle?
Peter H. Westby's answer
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
Q: Am I obligated to pay back child support if the other party did not permit me to see my children?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Arizona
on
Answered on Jan 5, 2019
Answered on Jan 5, 2019
John R Gaertner Jr's answer
Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.
Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.
Q: do you all help with child custody in a gay relationship?
Randi Sirlin's answer
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
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