Arizona Family Law Questions & Answers
Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids
Rich J. Peters' answer
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...
Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?
Rich J. Peters' answer
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.
There are some steps you could/should take in pre-notice...
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.
There are some steps you could/should take in pre-notice...
Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court
1 Answer
| Asked
in
Family Law, Child Custody and Identity Theft
for
Arizona
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Rich J. Peters' answer
You can check here:
http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.
Or maybe here:
https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.
If there is more I can do to assist, please let me know.
You can check here:
http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.
Or maybe here:
https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.
If there is more I can do to assist, please let me know.
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?
Rich J. Peters' answer
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her Petition to Modify? Has a timely response been filed?
Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you...
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her Petition to Modify? Has a timely response been filed?
Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you...
Q: I am seeking to take guardianship of my elderly father from my brother-in-law.
Ryan K Hodges' answer
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody
Randi Sirlin's answer
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.
If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.
There are endless options for parenting plans and finding out what is best for your girls.
I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...
In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.
If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.
There are endless options for parenting plans and finding out what is best for your girls.
I recommend contacting an experienced family law attorney. Many practice in numerous counties and have offices in numerous...
Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr
Kevin L Dixler's answer
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Q: Sold AZ house as trustee via broker, now buyer want money for non-permitted construction, Should broker handle?
Peter H. Westby's answer
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
Q: Am I obligated to pay back child support if the other party did not permit me to see my children?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Arizona
on
Answered on Jan 5, 2019
Answered on Jan 5, 2019
John R Gaertner Jr's answer
Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.
Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.
Q: do you all help with child custody in a gay relationship?
Randi Sirlin's answer
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
Q: My father has passed, my niece is executor of will. But I'm unable to get a copy of the will to read. It was filed with
Ryan K Hodges' answer
You can probably get a copy from the State. If the will have been probated, then the county court will have it on file, and you can request it from the clerk. There is also a small possibility that it is recorded with the county recorder's office.
You can probably get a copy from the State. If the will have been probated, then the county court will have it on file, and you can request it from the clerk. There is also a small possibility that it is recorded with the county recorder's office.
Q: Should I get a restraining order, request child support, or just go to court?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Domestic Violence
for
Arizona
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
John R Gaertner Jr's answer
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
Q: My siblings and I sold my mothers property after a probate hearing and received Funds from the sale. Now I’m getting
Ryan K Hodges' answer
If you name is on a deed as a grantee, then you probably have some ownership interest in the property. You would need to talk with an attorney or title company regarding the specifics.
If you name is on a deed as a grantee, then you probably have some ownership interest in the property. You would need to talk with an attorney or title company regarding the specifics.
Q: What would be a valid reason to request telephonic hearing for a custody case?
Randi Sirlin's answer
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...
Q: Where do I look for publications if someone is trying to notify me of a summons and don't know where to find me?
Randi Sirlin's answer
Someone can publish in ANY periodical of general distribution, which could be some small publication you will never find.
I recommend going to superiorcourt.maricopa.gov and look under "case information." Put in your name and or the other person's name.
If you need help with the case, I recommend consulting with an experienced family law attorney.
Someone can publish in ANY periodical of general distribution, which could be some small publication you will never find.
I recommend going to superiorcourt.maricopa.gov and look under "case information." Put in your name and or the other person's name.
If you need help with the case, I recommend consulting with an experienced family law attorney.
Q: If I am not directly served with a petition and don't go to court can I lose my rights in a custody case?
Randi Sirlin's answer
If you avoid being served and you don't show up, the Court may enter a "default" judgment and your position will not be taken into consideration.
If you avoid being served and you don't show up, the Court may enter a "default" judgment and your position will not be taken into consideration.
Q: I have been given my granddaughter because my daughter was served with an order of protection from her ex boyfriend
Randi Sirlin's answer
If the mother and the father have a case which was filed with the Maricopa Superior Court, you can file as a "third party" intervening in that case," and should be able to accomplish your goals, unless the Father objects. If that happens, the case becomes more fact specific.
If the parents do not have anything filed with the Court (or domesticated by the Court, you can file for guardianship. The statutes and rules are not the same as the statutes and rules for family court.
I...
If the mother and the father have a case which was filed with the Maricopa Superior Court, you can file as a "third party" intervening in that case," and should be able to accomplish your goals, unless the Father objects. If that happens, the case becomes more fact specific.
If the parents do not have anything filed with the Court (or domesticated by the Court, you can file for guardianship. The statutes and rules are not the same as the statutes and rules for family court.
I...
Q: can someone help me with my family case.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Arizona
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Randi Sirlin's answer
Prior to filing an appeal, you will need to file a post-judgment motion regarding what took place on the 12th.
If you need assistance, I recommend contacting an experienced family law attorney.
Prior to filing an appeal, you will need to file a post-judgment motion regarding what took place on the 12th.
If you need assistance, I recommend contacting an experienced family law attorney.
Q: How can I stop my spous from taking our children to another country for vacation?
Randi Sirlin's answer
Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.
You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court....
Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.
You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court....
Q: How likely would it be for me to get full custody of my son? I am gathering information right now
Randi Sirlin's answer
Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.
This is sometimes based upon who has historically made these decisions, but the result will be dependent upon your particular circumstances.
If you are asking about parenting time, this is also very fact based and will depend on the age of your son, how his adjustment to his home, school and...
Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.
This is sometimes based upon who has historically made these decisions, but the result will be dependent upon your particular circumstances.
If you are asking about parenting time, this is also very fact based and will depend on the age of your son, how his adjustment to his home, school and...
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