Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »
An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.
I do not think you will find much... Read more »
I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father.... Read more »
The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.
She relapsed on drugs two days after leaving. I fear for my sons safety if he is alone with her.
You have a couple options: (1) you can file an emergency with the Court to get emergency custody of your son. A petition, either for divorce or legal separation, will need to be filed at the same time, and you will probably want to file a motion at the same time for wife to submit to drug testing,... Read more »
$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.
Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.
My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »
The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.
Yes, it all just depends on how the calculation comes out.
I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »
That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »
No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).
I'm going to quote A.R.S. 25-408(A)-(E) here for your information:
A. If by written agreement or court order both parents are entitled to joint legal decision-making or... Read more »
We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K
You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »
Without the person knowing? For some reason I couldn't finish my question.
Thank you
In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.
I don't think there is a set deadline, but customarily, most attorneys file a Notice of Appearance within a day or two of being hired.
My mom has dementia. She has had it for the past year. Her husband cheated over a decade ago and has been living with his mistress. Now suddenly he wants to kick my mom out even though she’s been paying the mortgage this whole time. They have never divorced but he is the only one on the mortgage.... Read more »
This is really a question for an attorney who handles adult guardianships or elder law. It probably needs to be answered by an attorney in Michigan.
If the property is in Michigan, and if both spouses are in MIchigan, then you'll need to speak to a Michigan-licensed attorney about... Read more »
Grandma always say she is taking the kid away from my daughter, she said she is calling the department of child Care service.
I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put... Read more »
I have parent consent and I would just like to know if they are 3 years and 1 month older then me would it be okay to do or is it strictly 3 years and below so I can go get my marriage license with my mom
Three years is three years, not three years and one month. I am going to be blunt. The level of maturity demonstrated with the crafting of this query does not give readers any confidence that you have achieved the necessary life skills to make a decision of this magnitude with or without a... Read more »
We live in Arizona and their dad lives in utah. We've been on the once a month schedule for 5 years. Right now they both are participating in extracurricular activities that effect their grades. I asked their dad if he could skip the September visit and take some additional time in December... Read more »
Document, document, document. Save all the emails and text messages between you and your ex. At that age, the children should be communicating directly with their father on a regular basis. This is not strictly a custody issue (which the two of you should handle without involving the children),... Read more »
Yes
My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As... Read more »
There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"
We now live together and would like to have our old custody order parenting plan terminated.
The court will have to approve any parenting plan you file. There may not be a form for a stipulated modification of legal decision-making and parenting time. The court will also have to approve any stipulated modification of child support. I suggest you contact an experienced family law attorney... Read more »
Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and... Read more »
I am sorry to hear that.
His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your... Read more »
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