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Arizona Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Arizona on
Q: How do I go about getting my son back. I was lied about in civil court and had a protective order placed against me

This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I'm sorry that I didn't see this sooner. I hope your son is with you now.

If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.

If he is in Arizona,...
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1 Answer | Asked in Domestic Violence and Family Law for Arizona on
Q: Legally what can be done if you have a domestic stalker?

I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If you want them prosecuted, you need to make a police report.

You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Hi is there a lawyer who specializes in gaurdianship cases thats willing to take my case for free?
Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Does communications regarding kids behavior have to go through lawyer without a court order?

We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The...
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2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Legally married but separated. I stayed w/ 2 kids and she took the other child. I make more than her can I get her on cs

I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .

Stephen M Vincent
Stephen M Vincent
answered on Jan 18, 2023

Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.

You can find a child support calculator online and see how the numbers play out. You should run two...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... Read more »

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1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... Read more »

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... Read more »

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

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a parent keep a child from the other parent if they suspect the parent is using drugs?

We have joint custody, even time split between the two of us, and my ex came to a place we were having dinner at and took my daughter from me and won't let me see her.

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

No. Legal decision-making (aka custody) does not give him the right to dictate the schedule. If he wants the schedule changed, he needs to go to Court to change it.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can my ex husband demand I take a drug test?
Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

If it's related to child custody, and he has a good-faith suspicion that you might be using drugs, he can ask the Court to order you to submit to drug-testing.

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Is there lawyers that can help fight against dcs?

My sister has 2 children both different dads her son(3) his dad was raided and they found cocaine and weed and pills in his house and my nephew slept through the whole raid so dcs decided to drug test him and he was positive for methamphetamines cocaine and thc his levels were really high and they... Read more »

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

Yes, you should look for an attorney who practices juvenile law.

1 Answer | Asked in Family Law for Arizona on
Q: My ex-husband has remarried as of December 17, 2022. How do I go about getting the alimony payments to stop.

I reside in AZ but, we were divorced in Arapahoe County, Colorado.

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

As you were divorced in Colorado, you should start by seeking the advice of an attorney in Colorado, and that's the state that has jurisdiction over the alimony award.

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Why would a judge give a father sole custody when father have a criminal background? Mother do not have a record

From start of when we first started father failed five drug test nothing was done he got joint custody fast forward to now father have an domestic violence on him from starting a fight with his mom and step dad and had our daughter in the bathroom when his mom tried to check on our daughter he... Read more »

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

It is difficult to answer this without knowing more, but the short answer to your question is the Court must have been more concerned about Mother than it was with Father. Perhaps the Court overlooked evidence. There are options to challenging the Court's ruling. I recommend you consult with... Read more »

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

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

Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.

If there are orders in place, your daughter might want to consider seeking a...
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1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Can I sue dcfs? Mother was murdered never looked for father or his fam. They said he was dead he wasn't. I was placed in

The custody of a drug addict where I was sold, raped and given drugs. Once I wasn't needed I was thrown in Maclaren Hall and others

Louis George Fazzi
Louis George Fazzi
answered on Nov 30, 2022

You need to post this question for Arizona lawyers. This forum is for California lawyers, and as a California lawyer I am not permitted to practice in Arizona because I am not licensed there. California lawyers cannot give you advice on Arizona law unless they are licensed in that state.

1 Answer | Asked in Family Law for Arizona on
Q: If I needed a few answers on family law to see if my ex did things in a timely fashion or if she did it wrong and

And my son told me my ex had my 12 year to set me up

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2022

What you're asking for sounds like it would be best answered in a consultation because asking us to review the history a case, and that's something that takes longer than just answering a few questions

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can you help me time is not on my side

I may need a lawyer

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2022

I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My sons ex girlfriend will not allow me to have any contact with my granddaughter, what can I do to see the baby?
Stephen M Vincent
Stephen M Vincent
answered on Nov 6, 2022

Your best option is to have your son to establish his custodial rights and then you can see your granddaughter when your son has her. If that's not a possibility, you can file for grandparent visitation. But the difference between your son filing and you filing, though, is this: He has a... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: How to get my grandchildren out of Mexico we're my daughter dropped them off ayears ago to a stranger

She has 3todlersvin Mexico and had not.bern back to see them she suffers from pps after her last child she has 3,more older children 911,that stay with there father brother wife and the oldest child sh16 threw to hold her own how can I get my grandchildren bk in my custody and make my daughter seek... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Nov 2, 2022

That was difficult to follow, but it sounds like your daughter dropped her three children off to Mexico "years ago."

The first thing that we need to figure out is jurisdiction. Both Mexico and the U.S. are parties to a treaty on child custody that is part of The Hague Convention....
Read more »

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