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Arizona Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

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 »

Randi Sirlin
Randi Sirlin
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... Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: Can a parent relocate without the other parents agreement?

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.

Mike Branum
Mike Branum
answered on Sep 14, 2022

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 »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court in two counties at same time. I'm ready to continue with default in my case/ county. Her county has no

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.?

Stephen M Vincent
Stephen M Vincent
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."

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

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.

Stephen M Vincent
Stephen M Vincent
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... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just obtained soul physical and so legal custody of my son however I can't locate my son or the mother

She was probably served through the courts with the last address she left on file

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

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 »

Stephen M Vincent
Stephen M Vincent
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... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: When order say, MAY practice their parenting time.... Does that mean, they can if they want to or do they have too?
Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Family Law for Arizona on
Q: My son was married in early 2022 in Arizona they didn’t have an ordained person scheduled to perform the ceremony.

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 »

Stephen M Vincent
Stephen M Vincent
answered on Aug 29, 2022

He is legally married.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Will an Acknowledgment of paternity cancel out court ruled severed rights?

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 »

Mike Branum
Mike Branum
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... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: At what point will a judge enter a default judgment due to inability to serve?

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 »

Mike Branum
Mike Branum
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.

1 Answer | Asked in Family Law for Arizona on
Q: If I’m an addict still using and the father never used can dad take baby home
Mike Branum
Mike Branum
answered on Aug 8, 2022

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 »

1 Answer | Asked in Family Law for Arizona on
Q: My ex stopped paying child support/benefits when our child turned 18 in 2016. She was in college 2016-2020.Does he owe?

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 »

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

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 »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Arizona on
Q: Boyfriend signed me as Emergency contact in ER registration, but son was defaulted as medical poa. Pneumonia, Now what?

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.

Mike Branum
Mike Branum
answered on Jul 21, 2022

"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 »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Arizona on
Q: How do I claim my grandma's house without a will?

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 »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 15, 2022

Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can my husband be present during the drop off and pick up exchange with my ex?

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 »

Mike Branum
Mike Branum
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I go to drop and pick my kids up with my wife to my kids dad?

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 »

Stephen M Vincent
Stephen M Vincent
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...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Probate and Estate Planning for Arizona on
Q: What’s your opinion of the probate process?Under what conditions do you recommend a Living Trust?

How do I protect my children from abusive relatives if something happens to me?

How long will it take to set up my Trust?

Nina Whitehurst
PREMIUM
Nina Whitehurst
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...
Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: I'm still paying child support I had my daughter for 3 years already and the mom is in jail

We have joint custody by court order but the past 4 years I had my daughters

Stephen M Vincent
Stephen M Vincent
answered on Jul 10, 2022

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 »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

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