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Arizona Family Law Questions & Answers
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/

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Since I do not contest any of the orders in the petition, do I need to still file a response?

My husband had me served with a petition, but I do not contest any of the orders. We already have a final divorce decree being worked up.

Mike Branum
Mike Branum answered on Jul 23, 2019

If you are absolutely sure you agree with each and every order in the petition, the only downside to not filing a response would be a delay in being able to file your consent decree. Your husband can file for default if you do not respond within 60 days. 60 days after that the two of you can file... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: My ex of 13 yrs and father of 2 children never married. He moved out 2 mo ago.So far hes only given me $50 on groceries

He wants the kids 50% of the time starting aug 1st to avoid child support. I also just lost my job a wk ago. I need help with school uniform, kids shoes, and my daughters braces $100/mo plus groceries for my kiddos. Before we broke up I was the one who always provided for them which is why I... Read more »

Mike Branum
Mike Branum answered on Jul 22, 2019

You likely can if you are willing to put in the work. I would recommend visiting https://www.azcourts.gov/selfservicecenter to find the forms and guidance you will need to petition the Court for a child support order if filing in Arizona. If you are filing in California, you will need to look for... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: In Arizona. I signed an affidavit of paternity thinking I was father. DNA test says I'm not. I understand it's going to

be difficult. Mother also signed but was only 17 when signed. I called DES and they said that if you're old enough to have baby they accept.

Is this legally correct?

Hoping to void because of this.

Mike Branum
Mike Branum answered on Jul 16, 2019

Under A.R.S. 25-812(E), voluntary acknowledgements of paternity not rescinded within 60 days of the last signature may only be challenged on the basis of fraud, duress, or material mistake of fact with the burden of proof on you as the challenger. If you prevail, you will have no further obligation... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I married my soon to be ex husband after only dating 3 months ... and quickly found myself in a scary/abusive marriage

After being married for only 6 months I filed for divorce to get myself out of such a bad scenario. Now my ex is trying to drag me through the mud... as I filed for divorce over one year ago and its still dragging out when we weren't together that long at all. In Arizona he doesn't have a right to... Read more »

Mike Branum
Mike Branum answered on Jul 12, 2019

Divorce can be brutal. My condolences; I have had a less than pleasant divorce myself but it sounds like your spouse is more hard-headed than mine was.

Bear in mind this advice is based on less information than your average Tweet. You mention being under oath, I am presuming you must have...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Grandparenting rights/3rd party.

My daughter & 3yo granddaughter have lived with us for 10 mos in AZ & previously in CO for 16 mos. She left AZ abruptly 6/20/19 & is in Monroe LA. Granddaughter was thriving here & I am deeply heartbroken & concerned for the child's safety. Daughter has an open case w/ bio dad which is set for... Read more »

Mike Branum
Mike Branum answered on Jul 11, 2019

Your granddaughter lived in Arizona for more than six months after leaving Colorado; Colorado will likely refuse to exercise jurisdiction. I cannot imagine the heartache you must feel having your granddaughter taken from your life in that way. I wish there was more that could be done for you but,... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Arizona on
Q: How can I get my son back from DCS

DCS took my son from the hospital becuz he tested positive for drugs. But my girl friend tested negative. Then they brought up an old case that my ex wife and I had. And the grandmother tried to have my son placed with her but the case worker told her right from the start that she was denied all... Read more »

Rich J. Peters
Rich J. Peters answered on Jul 10, 2019

Is your Court appointed attorney taking steps to deal with your concerns? Are you looking to hire private counsel?

I did not see any particular question that I can answer. I can say that my advice always in these situations is to bend over backwards to satisfy DCS that you are doing...
Read more »

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