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Arizona Family Law Questions & Answers
2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... Read more »

Jay Hall
Jay Hall answered on Jun 1, 2020

So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still... Read more »

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1 Answer | Asked in Family Law, Adoption and Cannabis & Marijuana Law for Arizona on
Q: If I find myself in family court, will the court know I have my medical marijuana card if I don't tell them?
Jay Hall
Jay Hall answered on May 27, 2020

There really is no advantage to concealing this. By statute, the family court cannot draw any negative inference from a valid medical marijuana card. If the opposing party alleges substance abuse, you may be ordered to test randomly for an extended period of time. The card may help preempt that.... Read more »

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Hypothetical situation given in the details.

A girl experienced sexual abuse by her father as a baby. The mother of the baby found out but could not report or leave the father because she lacked evidence. With a long history of psychiatric issues the mother was afraid that her child would be taken from her and end up living with the father.... Read more »

Mike Branum
Mike Branum answered on May 26, 2020

Mandatory reporting requirements are meant to ensure the safety of the child or vulnerable adult who could be abused or neglected. According to the facts you have provided, the child no longer exists (because they are now an adult). Without a potential victim, I would argue the duty to report does... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: If the other parent hasn't followed the custody agreement how to do go about filing papers to inform the judge of this

The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order

Jay Hall
Jay Hall answered on May 25, 2020

There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can I do about receiving a summons for a custodial interference charge to appear in court,

The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).

Instead of focusing on that, you will want to...
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1 Answer | Asked in Family Law for Arizona on
Q: My ex-wife's lawyer withdrew with cause during custody fight. Do I have the right to know that cause?

Before our custody and childcare battle ended, my ex-wife's lawyer withdrew. The court approved it because the lawyer had a valid cause; however, the judge did not disclose that cause in her ruling allowing him to withdraw. I believe he withdrew because my ex consistently lied during testimony... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

Unfortunately you do not. Those communications are privileged.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How do I get 50/50 custody of my 4 month old son?

The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... Read more »

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: If both me and the dad have our own agreement will DES come after him for child support?

This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

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1 Answer | Asked in Family Law for Arizona on
Q: Now 18, my parents are withholding my proof of Medical insurance, also won’t allow me the info to leave their plan.

Can they legally withhold my access to health insurance? It is not during open enrollment so I can not leave their plan or join another without a letter from their insurance company, which I have offered to handle myself. Yet , they still refuse to provide me the name of the insurance or group... Read more »

Mike Branum
Mike Branum answered on Apr 19, 2020

Check with Legal Aid and see if they can refer you to an attorney for assistance. Turning 18 should be a qualifying event to open enrollment for you. I cannot believe Medicaid will not allow you to enroll if you provide details of your situation.

1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: How do I find out if my dad had a will? His girlfriend was his POA when he was alive and she doesn't communicate.

I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?

Andre Lee Pennington
Andre Lee Pennington answered on Apr 8, 2020

One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/

1 Answer | Asked in Family Law for Arizona on
Q: Do married minors have legal adult rights?

I am getting married soon for college housing and my mother is consenting. I am only 17. Will I get all legal rights?

Mike Branum
Mike Branum answered on Mar 29, 2020

No. You will need to file for emancipation. Emancipated minors have all adult rights with the exception of the right to vote.

Start saving now for your first divorce. Divorces are expensive.

2 Answers | Asked in Family Law and Social Security for Arizona on
Q: My wife (52 yrs. old) receives SSDI and lied to me about the backpay she received. I pay 90% of our bills. Is this lega

Is this legal? Last year she told me she received $25,000 which she promptly bought her a Cadillac Escalade but just saw her 2019 W2 she was hiding and her backpay was actually more than $49,000 after paying her lawyer and Medicare deduction. She completely kept me in the dark, even though I was... Read more »

Mike Branum
Mike Branum answered on Mar 26, 2020

I am not an expert on SSDI and would highly recommend you consult with such an expert before considering any legal action. The back pay, when it was awarded, may have been classified as separate property. The Caddy, however, may be community property particularly if you are both on the title. I am... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: im 16 boyfriend 17. I might be pregnant and I want to keep it. Can my parents make me abort it or leave my boyfriend?
Mike Branum
Mike Branum answered on Mar 25, 2020

No, they cannot make you get an abortion.

Yes they can keep you from seeing the irresponsible sperm donor.

Good luck. Teen pregnancy is a nightmare. You CAN go on and have a successful life, but everything is going to be 100 times more difficult. Your life will no longer be all...
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1 Answer | Asked in Family Law for Arizona on
Q: Regardless of legal decision-making does parents still have rights to protect their child from mental abuse

My ex has full legal decision-making of my children my ex is also mentally abusing my children by alienated them against me I want to protect my children well beings by having a say so in their upbringing by taking them to counseling so they can have a healthy life not full of anger so is there... Read more »

Mike Branum
Mike Branum answered on Mar 9, 2020

Parents should not disparage one another or attempt to interfere in the relationship between the children and the other parent. It definitely happens, but it should not.

The only way to "protect your children" would be to petition the Court for a modification of child custody and...
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1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Arizona on
Q: Can my parents deny me medical treatment for mental illnesses?

I'm a 15 year old transgender and I want to take HRT, but my parents won't let me. Can my parents legally deny me access to Hormone Replacement Therapy? It is an urgent, serious, and time sensitive procedure, so is there any legal way I can get HRT without my parents consent?

Mike Branum
Mike Branum answered on Mar 9, 2020

Everything is urgent, serious, and time-sensitive when you are 15 years-old. Likely doubly so for a transgender teen. Your post is also somewhat confusing because the headline discusses mental illness and the body of the question discusses being transgender. My understanding is that individuals who... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: As per my question I submitted, could you kindly call to set up an appointment to discuss my case. Thks.
Mike Branum
Mike Branum answered on Mar 6, 2020

The attorneys on this website are not allowed to solicit business when answering questions or provide contact information through the "Ask-a-Lawyer" platform. You should be able to gather enough information from the profile of the attorney who answered your question to determine how to contact them.

1 Answer | Asked in Family Law for Arizona on
Q: Traveling without kids

We have joint legal custody with ex. This year I have 3 month (12 weeks) off from work that falls during summer break from school from June to end of August. I want to travel to Europe during this whole time, last year I took the kids to Europe for 6 weeks with father permission, I wanted to take... Read more »

Mike Branum
Mike Branum answered on Mar 5, 2020

The short answer is no, he cannot stop you from travelling without the kids. Since you would LIKE to have the children for your parenting time and he is not giving permission, it would be difficult to argue before a judge that you are not availing yourself of your parent time.

When I first...
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1 Answer | Asked in Family Law for Arizona on
Q: I was just served a divorce petition and I'm not sure how to proceed. I can't afford an attorney.
Mike Branum
Mike Branum answered on Mar 3, 2020

Your first stop should be the Court's self-help page. There you will find an explanation of the process and links to the forms you will need. The first step is to file an ANSWER. After that you will need to work on your financial affidavit and preparing your disclosures. If you have children... Read more »

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