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Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law for Arizona on
Q: I’m a minor who married in California. Does me being married make me emancipated? Is my marriage valid in Arizona?
Mike Branum
Mike Branum answered on Dec 3, 2019

The answer to both your questions is most likely yes. I would advise you to speak with a local family law attorney knowledgeable in emancipation to clarify the specifics of your situation, but, generally minors are considered emancipated once they marry and Arizona law requires recognition of... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: i have sole custody and want to move out of the state, can father contest?

the judge gave me sole custody, so father has no parenting time, arizona's laws are unclear on sole custody with moving versus primary parenting.

John R Gaertner Jr
John R Gaertner Jr answered on Dec 2, 2019

If you have sole legal custody and Father has no parenting time, you may be able to move out of state. More information is needed but worth speaking to an Arizona Family law attorney. Most initial consultations are free.

1 Answer | Asked in Family Law, Child Custody and Native American Law for Arizona on
Q: What do I put on a motion for a telephonic hearing in the navajo nation court on November 15? Do I have time?

The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »

Mike Branum
Mike Branum answered on Nov 3, 2019

The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I missed family court Friday, thought it was this Monday

Going in first thing Monday morning to get this handle. Frist time missing a court date, notice on line where is isurrance of warrant issued, what should i do and not sure if i am going to jail.

Mike Branum
Mike Branum answered on Nov 2, 2019

If you show up first thing Monday morning and tell them you are there to quash a warrant they should be able to assist you with getting that handled. Dress your best, be respectful and apologetic. Going to jail is a very remote possibility if you appear to be a responsible person who just missed a... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I missed my family court date friday which i thought was this monday. I'm going in to the court first thing monday

Not sure what to do, i just know i need to do something

Mike Branum
Mike Branum answered on Nov 2, 2019

First stop: the Clerk of Court. Tell them what happened and ask them how you can petition the Court for another date. If this is the first time you have missed a court date and the judge did not enter a default judgment against you, it should not be a huge deal. I would make sure to apologize to... Read more »

1 Answer | Asked in Family Law, Child Custody and Military Law for Arizona on
Q: What rights do I have to keep and maintain my children's military dependent ID cards?

My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary physical custody... Read more »

Mike Branum
Mike Branum answered on Oct 24, 2019

Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.

If option A is not possible, you might ask the...
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2 Answers | Asked in Family Law for Arizona on
Q: How does a father get on a birth certificate if mom is dead in arizona

My boyfriends 4 year old sons mom died 2 years ago. My boyfriend is not on the birth certificate because she changed it with out his knowledge. I paid for a dna test and it is his baby. Now were stuck on how to get my boyfriend on the birth certificate without her. Again we live in arizona. Thank... Read more »

Mike Branum
Mike Branum answered on Sep 24, 2019

The process is called "adjudicating parenthood." If you are in Maricopa County, you may use the forms found at https://superiorcourt.maricopa.gov/media/2971/drp1z.pdf. If you are outside Maricopa County, you may be able to find similar forms on your county court website. You may also use the... Read more »

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: During a divorce in az Are premarital assets considered community assets after a joint bankruptcy?

Married 12/26/17

Bankruptcy filed 12/03/18

Bankruptcy complete 3/19/19

Diane L. Drain
Diane L. Drain answered on Sep 21, 2019

You should talk to your bankruptcy attorney because the answer depends on certain facts.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: is it considered spousal abandonment when one spouse who is the caregiver to the other that is an ailing veteran without

Leaves without informing and intentionally not telling them they petitioned for divorce.

Mike Branum
Mike Branum answered on Sep 19, 2019

Likely not. You must be married to be guilty of spousal abandonment. The divorce would terminate the obligation to support the spouse. Additionally, the statute is focused on financially abandoning the spouse. In this instance it appears you are referring to the emotional support and assistance... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I need 2 power of attorney, how much will it cost me?
Rich J. Peters
Rich J. Peters answered on Sep 17, 2019

My office charges 1/2 hour of time, so $125-$150 per POA depending upon which attorney you hire.

Please call or email if you are interested.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251...
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1 Answer | Asked in Family Law for Arizona on
Q: My son will be 18 October 12 of this year, can the courts make my son see him after he turns18 ?

Father took me to court , court wants me to pay half of counseling for the two of them, father has never been in my sons life , courts told me I have to let my son speak to him twice a week , when he turns 18 in less then a month, do I have to force him to speak to him and go to counseling?

Rich J. Peters
Rich J. Peters answered on Sep 13, 2019

in Arizona, NO. The Court loses jurisdiction over the child once the child turns 18.

HOWEVER, the Court still has jurisdiction to force Dad to pay child support. Is he current? If not, there are steps you could/should take soon after the child turns 18.

Please come in soon. We...
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1 Answer | Asked in Family Law for Arizona on
Q: Can I register a chid in school with parental Power of attorney ?
Rich J. Peters
Rich J. Peters answered on Sep 13, 2019

By law, you SHOULD be able to. But, I could envision a school or school district being worried about it and asking for more information. Some are more careful or restrictive than others. I would expect so especially if it was only signed by one parent. The school or district may then wonder if... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Regarding title 36 for a minor in AZ is that possible with parental request? Minor is 9 years old...

Minor is a danger to self and others

Mike Branum
Mike Branum answered on Sep 6, 2019

The short answer is yes. If he is an eminent danger to himself and others, you should contact law enforcement to have him transported for emergency commitment and evaluation. If more prolonged treatment is required, the facility will be able to assist with filing the Title 36 paperwork.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date... Read more »

Mike Branum
Mike Branum answered on Aug 20, 2019

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Our 16 yo granddaughter lives in Oregon is staying with us in Arizona. She want's to stay, where do we start OR orAZ

She has been in and out of CPS custody in Arizona 18 months, and a year or so in Oregon. There has been and is currently physical confrontations with her mother. She recently did a DNA test and found the man she called dad wasn't. She is afraid to return to Oregon because her "dad's" dad molested... Read more »

Mike Branum
Mike Branum answered on Aug 14, 2019

If she has been living with you six months, you may file in Arizona. If she has lived in Arizona less than six months, you would need to file in whatever state she last lived in for six consecutive months. If she has been back and forth repeatedly and not truly established a state of residence, you... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Am I responsible for my deceased wife's debts in Arizona?
Mike Branum
Mike Branum answered on Aug 14, 2019

The answer is the same as it is for almost every single legal question ever asked in the history of the law: it depends. If you and your wife entered into a debt together; in the absence of a clause forgiving the debt upon the death of either party, you more than likely are responsible for the... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?
Mike Branum
Mike Branum answered on Aug 14, 2019

Until a court terminates his rights, a biological father retains them; so, yes, he does still have rights.

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2 Answers | Asked in Family Law for Arizona on
Q: My father was order to pay child support on my brother and I back in 1973, but he moved back to Puerto Rico.

My father abandon us, for years he got away with moving back and fourth to Camden, NJ to Puerto Rico so he would have to pay child support. Do I have any rights as his daughter.

Mike Branum
Mike Branum answered on Aug 7, 2019

If he is residing in Puerto Rico, you are, unfortunately, out of luck. Puerto Rico's statute of limitations on collection of child support arrears is five years after the age of majority or emancipation. Since you and your brother both had to be alive in 1973 in order for your genetic donor (this... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: I have been raising my two girls for the passed five years with little to no help from their abusive father..

Now I would like to leave state and he is threatening me. I have a restraining order on him and he has charges for DV. Do I have the right to take them with me?

Rich J. Peters
Rich J. Peters answered on Aug 1, 2019

Are there any Court Orders in place? IF SO, then Arizona does have a "relocation" statute which must be reviewed as compared to your situation. I would need to know more to determine whether such requires notice, etc.

If there are NO Court orders in place, then the relocation statute does...
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1 Answer | Asked in Family Law for Arizona on
Q: I have guardianship of my grand daughter in California, how do I get it in Arizona
Mike Branum
Mike Branum answered on Jul 26, 2019

This website lays out, in detail, how to navigate the process. There are numerous court websites in Arizona (Maricopa's being one of them) that have many resources for those who need self-help legal services.

https://mymodernlaw.com/transfer-guardianship-arizona/

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