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Arizona Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: My grandson is 4 mo old. My son and his girlfriend went separate ways a month ago.

She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep Him from seeing... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2019

Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Arizona on
Q: What will need to be done to get my two brothers out of mom's house when she passes, or before if needed?

My two brothers have lived with my parents for a number of years now. Dad passed a couple years ago, and mom is in failing health. They both have substance/drug problems, mental issues(?), and have been pampered/enabled their whole lives. Neither is self-sufficient, and would be homeless unless... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2019

You state that you are "POA / Executor." If by that you mean that you have full POA for your mother and her affairs then you should be able to undertake eviction proceedings against everyone in the house except your mother (sorry, the girlfriend is every bit as much a "resident" as your siblings if... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: If I leave the house with my kids will it cost me in the divorce?

Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?

Mike Branum
Mike Branum answered on Jun 21, 2019

In many cases it is actually advisable for one of the parties to leave the marital home during the divorce if the divorce is contentious. The children do not need to be exposed to the two of you fighting. The split is going to be hard enough on the children as it is; seeing their parents arguing... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Me and my daughter's father have a court order for him to have her on the weekends. At what age can she decide not to go
Rich J. Peters
Rich J. Peters answered on Jun 21, 2019

There is no such age in Arizona when a child simply gets to choose. However, the Judge IS required to consider the child's desires, but this is only one factor of many. I often stress to my clients that we not only need to show the Judge what the child wants, but (perhaps more importantly) also... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on
Q: will I get 1/2 of the equity?

Hi,

I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum
Mike Branum answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on
Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to the bank... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

1 Answer | Asked in Family Law for Arizona on
Q: My son went to go visit my mom. She is refusing to bring him back. She doesn't have custody of him.

My son went to visit my mom out of state. She and I have a signed agreement that he is to return tomorrow. She is cut off all communication with my son and is refusing to bring him back. She has no type of custody of him.

Mike Branum
Mike Branum answered on Jun 9, 2019

The crime in question is called custodial interference. If the deadline for the return of your son passes without him being returned to you, I would contact your local law enforcement agency. There are potential claims in a civil action as well. You would need to contact an attorney to discuss the... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I was granted sole custody of my son about 8 years ago. His father went to prison and now is trying to push visitation

Without court involvement. He hadn't been in contact since 1 year after sentencing. How do I handle this?

Mike Branum
Mike Branum answered on Jun 8, 2019

Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but after... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: My nephews mother through him out . He is 16 in California can I bring him to Az ?

He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.

Mike Branum
Mike Branum answered on Jun 8, 2019

If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: i am needing to move out of state with my 13 year old daughter. I left my husband 3yrs ago,what do I need to do?

He has only seen her twice at the very beginning,we are still legally married,he doesn't pay child support and I don't really care about that, I live in Glendale,Az,and I am not working right now

Mike Branum
Mike Branum answered on Jun 6, 2019

I would refer you to http://clsaz.org/family.html. On Community Legal Services' website there is self-help information and other links to guide you in the right direction. A divorce decree and parenting plan with everything outlined would be the best solution but may not be a valid option for you.... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on
Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ
Randi Sirlin
Randi Sirlin answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arizona on
Q: What is the law about joint custody and Child released on intence probation. Does he still get to go back and forth

My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.

Zachary Divelbiss
Zachary Divelbiss answered on Jun 2, 2019

You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.

1 Answer | Asked in Family Law, Civil Rights, Construction Law and Internet Law for Arizona on
Q: can i press charges for hacking email and sharing data

my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.

Rich J. Peters
Rich J. Peters answered on May 30, 2019

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum
Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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1 Answer | Asked in Family Law for Arizona on
Q: Family law - can someone explain what exactly this means...

"Further, if a parent due to unforeseen circumstances, cannot exercise parting time with the minor child although that parent shall not be entitled to replacement time, such failure shall not be deemed a waiver of any provision of this parenting time plan." - my sons dad is in a drug rehab facility... Read more »

Mike Branum
Mike Branum answered on May 6, 2019

Your question is a little confusing because you mention the child's dad "demanding" but then later ask if you are "entitled." From what I can gather from your question, the child's dad cannot demand that you take the child to his parents' home. Unless the grandparents were assigned custodial... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Are there any pro bono attorneys in Mesa, AZ for Family law? I have an order for emergency temp orders and need help.

The original case was final in March this year but there are serious things happening with father that need to be address and have child safe. I filed for emergency orders and the judge set a trial for June 4 this year. I need help getting the documents together, serving my ex with the papers... Read more »

Mike Branum
Mike Branum answered on May 3, 2019

Please visit clsaz.org. Community Legal Services has closed their Mesa office but the Phoenix office serves all of Maricopa County. The office is located at 305 S. 2nd Avenue (85003). Their phone number is 602-258-3434 or you can email them at infocpo@clsaz.org.

I hope that helps!

1 Answer | Asked in Family Law, Child Custody and Divorce for Arizona on
Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order

Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »

Mike Branum
Mike Branum answered on Apr 29, 2019

Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m 15 and live in Arizona and my dad is a alcoholic and smokes out of wax pens and other things it’s hard for me please

I live in Arizona and I’m 15 am I able to make my decision with living with my mom

Mike Branum
Mike Branum answered on Apr 26, 2019

Your opinion and the behavior if the male on your birth certificate should both be taken into consideration. You will need to petition the court for a review of the cold custody order. There are a number of factors which will need to be considered in determining where the petition must be filed and... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on
Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
Rich J. Peters
Rich J. Peters answered on Apr 22, 2019

My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.

We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.

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