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Arizona Family Law Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a court order a drug test for opiates and test for other drugs too?

Family court

Stephen M Vincent
Stephen M Vincent answered on Jul 26, 2021

Yes.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: If both parents can agree that one of the parents should have sole custody. Can I just get something notarized?
Stephen M Vincent
Stephen M Vincent answered on Jul 21, 2021

It really depends on where you are in the case. If no orders have ever been made, I would file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support, as you need to file a Petition to start a case.

Then it's a matter of filling out a Parenting...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How many months is considered abandonment in arizona?
Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

Six months.

The standard for abandonment in Arizona is found in ARS 8-531(1), which reads: ""Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I file for emergency custody orders if other parent is medically incapacitated in Mexico?

Currently have temporary custody orders in place 50/50 legal/physical in Arizona. Mother is in Mexico in ICU not able to care for child and not been present for her parenting time for obvious reasons.

Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

The standard for filing for an emergency is whether the child is likely to face irreparable harm if the orders are not changed. If she's medically incapacitated and the child is in her care, then that could be grounds for an emergency. If the child is in your care, your grounds for emergency... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Can my mom who gave her rights to my father get me a birth certificate?
Stephen M Vincent
Stephen M Vincent answered on Jul 15, 2021

It may depend on what rights she gave away. If she is still a legal parent, she can request it.

You also should be able to request your own birth certificate. Here's the form:

https://azdhs.gov/documents/licensing/vital-records/application-certificate-birth.pdf

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: In AZ, can you record someone (1 party consent) legally if you yourself do Not say to the other person you are recording

Is it accepted as evidence/discovery ?

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

This is a one-party recording state, so long as one party knows they're being recorded, it is legal. (That may not apply if one of the parties is in another state).

It is potentially admissible evidence. It will need to be disclosed and needs to be relevant. Opposing party/counsel will...
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1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am in urgent need of a "Pro Bono" lawyer. I am 80 years and my son has taken everything I owned.

I cannot afford a lawyer that charges a fee before I get everything back from my son.

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: How do I go about petitioning the Supreme Court of AZ if my rights in a family/child support case have been violated?

Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

If your case is eligible to be appealed, you need to start by filing a Notice of Appeal. Appeals go through the Arizona Court of Appeals before they go to the Arizona Supreme Court.

That said, appeals are difficult and knowing whether you're eligible to even file an appeal involves...
Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I’m at a loss as what to do. My ex and his wife are harassing me every day about what I can and can’t do with my kids.

My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »

Mike Branum
Mike Branum answered on Jul 14, 2021

Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal... Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: How to revoke a power of attorney?

How do I find a Pro Bono lawyer?

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Greetings- My Son is unmarried and his girlfriend moved from Southern California to the Phoenix area with his son.

He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.

1 Answer | Asked in Family Law for Arizona on
Q: In AZ, If a married man signed my son's birth certificate and I didn't know about it, is it fraud and can I revoke it ?

I otherwise would not have given consent.

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Most likely. There are some time and circumstance limits that may come into play, but generally speaking, you can challenge his signature in Court, but the sooner you do so, the better.

I recommend speaking with an attorney as soon as you can.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Arizona on
Q: I need information regarding grandparent rights. my daughter is having issues with the father of her son and parents

the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;

(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I have an in-home intervention w/court oversight with DCS. If I give my Brother guardianship will Dcs close the case
Mike Branum
Mike Branum answered on Jun 14, 2021

The short answer is no. DCS will likely keep the case open until they are confident there is no longer a concern that the child(ren) will be abused or neglected. Merely giving your brother guardianship is not extremely reassuring; particularly because it is your brother and DCS will likely consider... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I'm 30, and 10 years ago I found out that my mother knowingly committed paternity fraud

My mother knowingly put the wrong man on my AZ birth cert. My "father" did not know about this, but does not intend to pursue any action, and does not mind staying on my birth cert. For 10 years I have attempted to figure out who my bio father is using DNA testing, since my mother will... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

I'm not aware of any case like yours nor could I find any when I searched on Westlaw. I believe, though, that your situation would be governed by A.R.S. 25-803, which determines who has standing to bring a paternity action. 803(A) lists who can bring a paternity claim for a child, but 803(B)... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: child suport case start over twenty years ago in ND who has no statue of limitations and I move to SD with no max

SD has no max so is my diver license safe?

Also are there covid laws in SD to protect my license?

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

You asked this question to Arizona, where it seems like you intended to ask for South Dakota.

If you intended Arizona, North Dakota could ask AZ to enforce. AZ does not have a Statute of Limitations for enforcing child support, and losing your drivers license is a potential consequence in AZ.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Would there be original paperwork, including papers that were served upon defendant, signed documents, etc… on file at

The court if one party is claiming the other signed and relinquished their rights of a child and they were granted full custody??

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

We'd need more information, particularly what relinquishing means. When people typically mention "relinquishing" they can mean one of two things:

1. A parent severed all rights to the child, including that they would no longer be legally recognized as the parent of the the...
Read more »

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