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Arizona Family Law Questions & Answers
1 Answer | Asked in Contracts and Family Law for Arizona on
Q: Ex husband but back together bin rehab for pool accident can he change me to his power of Atty from his daughter

Change PowerPoint Atty while in rehab for PT and speech therapy

Mike Branum
Mike Branum answered on Jul 16, 2020

As long as he is competent to make that decision, he can change his power of attorney to whomever he pleases.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this

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 »

Jay Hall
Jay Hall answered on Jul 14, 2020

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 »

1 Answer | Asked in Family Law for Arizona on
Q: Is there a law in AZ on how far a parent can live from a childs school?

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 »

Jay Hall
Jay Hall answered on Jul 14, 2020

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 »

1 Answer | Asked in Family Law and Real Estate Law for Arizona on
Q: I ended a relationship and both our name are on the mortgage. How do i either sell the home or get off the mortgage

She believes the house is hers alone and that i was only there as long as she agreed to it.

Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

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 »

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: .my parental rights just got terminated and now they're moving to the adoption process what can I do for my case
Mike Branum
Mike Branum answered on Jul 12, 2020

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 »

1 Answer | Asked in Family Law for Arizona on
Q: Me and my sons mother have 50/50 joint custody. She hasnt seen him in 4 years what can i do and what is the process to

file for full custody?

Mike Branum
Mike Branum answered on Jul 7, 2020

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: child abuse multidisciplinary account fee"Does that mean there was child abuse involved

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?

Mike Branum
Mike Branum answered on Jul 6, 2020

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.

1 Answer | Asked in Family Law for Arizona on
Q: I’m 17 and turn 18 in 3 months with a job would I be able to move out without being forced to move back in?
Mike Branum
Mike Branum answered on Jul 6, 2020

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.

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I've court on july21 but they still haven't served him this is the second time they have tried to contact him. Whatsnext
Mike Branum
Mike Branum answered on Jul 6, 2020

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 »

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1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

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 »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My parenting plan states my ex needs to provide dates for his 2 week summer block by April, but he never did.

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?

Jay Hall
Jay Hall answered on Jul 2, 2020

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 »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Will judge allow me to relocate with my child if husband is joining Army?

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 »

Mike Branum
Mike Branum answered on Jul 2, 2020

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 »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum answered on Jul 1, 2020

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 »

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1 Answer | Asked in Family Law for Arizona on
Q: Can I file for child support ever if I don't know where my ex wife is .
Jay Hall
Jay Hall answered on Jun 1, 2020

Unfortunately, you will have to locate her. You can use the internet to perform basic searches or utilize a skip trace service for more professional tracking.

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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