I'm in Pima County, Arizona. 30 days ago I served annulment papers on my "husband," who lives out of state. Since then, he has signed Consent Decree for Divorce papers and sent them to me. Today is the no-response deadline and I can ask the court to move forward with dissolution.... View More 
answered on Sep 27, 2023
If your question is "which one is quicker and less painful to me, the answer is clear from a purely legal standpoint: Sign and submit the Consent Decree.
Annulments are very difficult to win. If you're claiming fraud, you have a high burden of proof, i.e., you have to present... View More
I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible
answered on Sep 27, 2023
Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings.
My wife shares custody with the child’s father. Father has continuously taken the child’s phone away while she is at his house during his parental time. Mother and I have bought the phone and pay the cell phone bill on a monthly basis. Father has never paid any portion or is even on same phone... View More
answered on Sep 27, 2023
I am certainly sympathetic to what Mother and you are enduring because of Father's inappropriate actions.
However, what you suggest here is not the solution.
I know this may hurt to hear, and I apologize for that, but the law is clear: As a stepparent, you have no legal... View More
She was with me thru all of it
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answered on Sep 19, 2023
In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More
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answered on Sep 5, 2023
In Arizona, as in many other states, Child Protective Services (CPS) can become involved in cases where they have concerns about the safety and well-being of a child. When a newborn is exposed to substances, including prescribed medications like methadone, during pregnancy or at birth, CPS may... View More
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answered on Sep 4, 2023
Preparing for a pro se annulment hearing in Pima County, Arizona, involves several crucial steps. First, understand the grounds for annulment in Arizona, as they can vary and typically include issues like fraud, bigamy, impotence, or lack of consent at the time of marriage. Next, gather and... View More
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answered on Aug 16, 2023
If you suspect someone committed perjury in Oregon and now resides in Arizona, it's recommended to gather evidence supporting your claim. Contact law enforcement and prosecutors in both states with your evidence, allowing them to assess the situation and determine if an investigation is... View More
Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More
answered on Aug 11, 2023
In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More
Does Rule 28 prohibit filing a REPLY to a RESPONSE?
answered on Aug 10, 2023
Don't file a Reply.
Rule 28 doesn't explicitly prohibit a Reply, but it implicitly does by explicitly authorizing a Response and making no mention of Reply.
Further, there is an important difference between a Petition and a Motion, and how they get resolved is why a Reply... View More
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answered on Jul 28, 2023
In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More
There is currently no custody order. So last year, I printed out a form that we agreed on that states I have temporary custody and she signed and we got notarized. Our son went to go visit for her for summer in CA but now she won’t let us talk to him and is alienating him from me and his other... View More
answered on Jul 20, 2023
The short answer is it is 100% time for you to file for custody and you may need to consider filing an emergency motion. You need to file in the state where your son most recently lived for six consecutive months.
As you write, "There is no custody order." Signing an agreement... View More
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
answered on Jul 19, 2023
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
If the order came... View More
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answered on Jul 18, 2023
Attorneys are usually licensed to practice law in specific states. So, if you need a family attorney in Memphis, Tennessee, it's best to find someone who's licensed to practice in that state. Arizona and Tennessee are a bit far apart, legally speaking.
While an Arizona family... View More
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.
Mediation is not a forum for presenting... View More
My sister has signed doc's in Creek county Oklahoma giving me supported guardianship of her 13 and 6 year old children. She wants to live with me as well. Is that allowed? I hope not.
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answered on Jul 12, 2023
legal guardianship grants certain rights and responsibilities to the guardian over a minor child. The guardian is typically responsible for the child's well-being, care, and decision-making, while the parent's rights may be temporarily limited or suspended.
Regarding living... View More
My daughter lives in MExico where i have been paying child support since her mother and i divorced. I remarried and moved to the US. Now my ex wants to file another order in the US as well. Can this be done.
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answered on Jul 10, 2023
If there is already a valid child support order in Mexico that is being followed and enforced, it may not be necessary or appropriate to file a new child support order in the US. Child support orders are typically enforceable across international borders through international agreements and... View More
He Has not established paternity. He has had custody for going on a year this month . Complicated situation
answered on Jul 9, 2023
Is paternity in dispute?
You mention he has had custody for a year. Is that Court-ordered. If the Court gave him custody a year ago, then he is a legal parent because they would have declared him the legal parent when they gave him custody.
The birth certificate only creates a... View More
My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More
answered on Jun 30, 2023
Yes, your daughter can request child support.
But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how... View More
I filed 2 times. once in 2022 and again in January. Never given a trial date. Court has not responded to my questions. I filed for child support 2x with custody papers. No response. She has lived with me since birth DOB 10/15/21. I want to move on with my life. I have a 2 year OOP against dad and... View More
answered on Jun 21, 2023
Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.
It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they... View More
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