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Arizona Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What papers do I file to terminate a parenting plan?

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 »

Stephen M Vincent
Stephen M Vincent answered on Aug 6, 2021

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"

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What forms would I fill out to terminate parenting plan? If me and the other parent are in agreement.

We now live together and would like to have our old custody order parenting plan terminated.

Randi Sirlin
Randi Sirlin answered on Aug 6, 2021

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character

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 »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

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...
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1 Answer | Asked in Family Law for Arizona on
Q: A person has been in contact with the person who the restraining order is against. They are both violating what do I do.

We are currently in a custody hearing and we have our address and a protected person on a restraining order against the protected persons father. The person who helped us get it admitted she’s been in contact with the person who the restraining order is against which is in breech of the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

That was a little difficult for me to follow, but I believe the answers here are straight forward:

1. Only the defendant (the person who ordered to stay away by the protective order) can violate the protective order.

2. If the defendant is around the protected person in violation...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to end a custody order if both parents want that? To where there is no court order in place?

We went to court Oct 2018. We reconciled in March 2019, and we’ve been together ever since. We now live together. Child support was ended 2 years ago. We just want there to be no custody order in place, as it was a stressful and hard time for the both of us. And we’re willing to ask the judge... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

Yes. You can file a Joint Petition to Terminate Parenting Plan and explain what you've explained here. That the two of you have reconciled and are living together, so there is no longer a need for a Parenting Plan.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can I get my custody case moved from Tennessee to where I have lived (Arizona) for almost a year.

My sons father filed for custody 8 months after I left because of the abusive nature he acted around and to me and my son. He said he didn't want pictures or videos or to hear anything about my son. Then he filed for full custody after almost a year. As of now I have full custody because the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 4, 2021

Possibly. It depends on whether or not Tennessee has ever issued a Parenting Plan (aka "custody order").

If Tennessee has previously issued a custody order, and if your ex remains in Tennessee, then Tennessee is the state with jurisdiction and only Tennessee will have...
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3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a court order a drug test for opiates and test for other drugs too?

Family court

Stephen M Vincent
Stephen M Vincent answered on Jul 26, 2021

Yes.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: If both parents can agree that one of the parents should have sole custody. Can I just get something notarized?
Stephen M Vincent
Stephen M Vincent answered on Jul 21, 2021

It really depends on where you are in the case. If no orders have ever been made, I would file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support, as you need to file a Petition to start a case.

Then it's a matter of filling out a Parenting...
Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How many months is considered abandonment in arizona?
Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

Six months.

The standard for abandonment in Arizona is found in ARS 8-531(1), which reads: ""Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I file for emergency custody orders if other parent is medically incapacitated in Mexico?

Currently have temporary custody orders in place 50/50 legal/physical in Arizona. Mother is in Mexico in ICU not able to care for child and not been present for her parenting time for obvious reasons.

Stephen M Vincent
Stephen M Vincent answered on Jul 20, 2021

The standard for filing for an emergency is whether the child is likely to face irreparable harm if the orders are not changed. If she's medically incapacitated and the child is in her care, then that could be grounds for an emergency. If the child is in your care, your grounds for emergency... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Can my mom who gave her rights to my father get me a birth certificate?
Stephen M Vincent
Stephen M Vincent answered on Jul 15, 2021

It may depend on what rights she gave away. If she is still a legal parent, she can request it.

You also should be able to request your own birth certificate. Here's the form:

https://azdhs.gov/documents/licensing/vital-records/application-certificate-birth.pdf

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: In AZ, can you record someone (1 party consent) legally if you yourself do Not say to the other person you are recording

Is it accepted as evidence/discovery ?

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

This is a one-party recording state, so long as one party knows they're being recorded, it is legal. (That may not apply if one of the parties is in another state).

It is potentially admissible evidence. It will need to be disclosed and needs to be relevant. Opposing party/counsel will...
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1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am in urgent need of a "Pro Bono" lawyer. I am 80 years and my son has taken everything I owned.

I cannot afford a lawyer that charges a fee before I get everything back from my son.

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: How do I go about petitioning the Supreme Court of AZ if my rights in a family/child support case have been violated?

Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

If your case is eligible to be appealed, you need to start by filing a Notice of Appeal. Appeals go through the Arizona Court of Appeals before they go to the Arizona Supreme Court.

That said, appeals are difficult and knowing whether you're eligible to even file an appeal involves...
Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I’m at a loss as what to do. My ex and his wife are harassing me every day about what I can and can’t do with my kids.

My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »

Mike Branum
Mike Branum answered on Jul 14, 2021

Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal... Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: How to revoke a power of attorney?

How do I find a Pro Bono lawyer?

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Greetings- My Son is unmarried and his girlfriend moved from Southern California to the Phoenix area with his son.

He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.

1 Answer | Asked in Family Law for Arizona on
Q: In AZ, If a married man signed my son's birth certificate and I didn't know about it, is it fraud and can I revoke it ?

I otherwise would not have given consent.

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Most likely. There are some time and circumstance limits that may come into play, but generally speaking, you can challenge his signature in Court, but the sooner you do so, the better.

I recommend speaking with an attorney as soon as you can.

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