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 »
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 »
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.
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 »
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.?
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."
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.
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 »
She was probably served through the courts with the last address she left on file
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... Read more »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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... Read more »
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 »
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 »
How do I protect my children from abusive relatives if something happens to me?
How long will it take to set up my Trust?
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 »
We have joint custody by court order but the past 4 years I had my daughters
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 »
In Arizona can I request a case on criminal charges with the police?? In a bigamy case
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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