Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »
I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the...Read more »
My ex and I have 50/50 joint custody that we agreed upon in 2017 in mediation, before that I had full custody and he had alternative weekends. I have final descion making. He moved 50 miles away from me/the children's school. I am primary residential parent and have been since 2016 divorce.... Read more »
No, there is no law that imposes any maximum distance or commute time. It would be your burden to prove specifically how the commute is detrimental and that the detriment is more significant than any detriment that would result from modification of the parenting schedule. Based only on what you...Read more »
I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,...Read more »
Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will...Read more »
You will need to file a petition (or motion, depending on which state the current custody agreement was issued in) in the jurisdiction where the custody agreement was filed. You will have the opportunity to explain that she has not seen her child in four years and that you should have sole custody....Read more »
The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?
No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.
I cannot envision how you could be forced to move back in. If you have a safe place to live and are not otherwise breaking any laws, law enforcement is unlikely to attempt to force you to return to the residence where your parent or guardian lives.
You will need to show up for your court date and ask the Court for permission to perform service by publication. There are very specific rules for service by publication which must be followed (Arizona Rules of Civil Procedure 4.1(l), that's a lower case "L") and you must mail a copy...Read more »
I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »
It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your...Read more »
Now our vacation dates have overlapped. I am willing to compromise but he will not. The order states in even years he has first choice when they overlap. Since he failed to provide information to me in April, does that nullify his first choice right for picking dates?
Based only on the information you provided, it sounds like it would. The court might consider other facts, though, such as whether you already made travel arrangements before you selected your preferred dates. Essentially if there is no cost to you to defer to him even though he's late, you...Read more »
I have sole legal decision and sole physical custody of my daughter my ex had supervised visits every other Saturday my ex husband is 16,000$ behind in child support, has domestic violence charges but wants 50/50 custody now (after he has gone two years without seeing her) will I be able to move... Read more »
Possibly, but you WILL need to petition the Court to modify your current child custody order. You will have to make a case to the Court that your move is in your child's best interests. The fact that the ex has not been availing himself of his right to parenting time and is in arrears will...Read more »
As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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...Read more »
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