A few months ago, a one-night-stand called out of the blue to tell me her 10 month old baby was mine. The man she was in a relationship with at the time of birth signed the birth certificate but apparently they are no longer together. We did a paternity test but I never actually saw any paperwork.... View More
answered on Jun 21, 2023
You asked, "I guess my question is can she come back in a few years and sue me for financial assistance after all this back and forth?" It's possible, but you'd have to be legally declared the Father first.
"This situation is affecting my current relationship with... View More
I was married at the time my daughter was born in 2008. My (now ex) husband was not the father. He signed and had notarized a Waiver of Paternity Affidavit in 2008, when she was born. I did not add the father to the birth certificate at the time. I would like to have the father added to her birth... View More
answered on Jun 19, 2023
If I understand this correctly, your former husband is not the Father and he signed and had notarized paperwork that stated he is NOT the father, and I'm presuming, that your former husband is also not on the birth certificate, and no Court and no state agency has ever declared him to be the... View More
My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision... View More
answered on Jun 19, 2023
I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.
Child Support - If it's court-ordered, it doesn't matter that he's leaving the... View More
SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING
answered on Jun 18, 2023
If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may... View More
He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?
answered on Apr 30, 2023
He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.
He can... View More
Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?
answered on Apr 30, 2023
Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.
I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may... View More
My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... View More
answered on Apr 28, 2023
She can.
But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.
I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the... View More
I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... View More
answered on Apr 23, 2023
First, a 12-year-old doesn't get to pick where she lives.
"Does she have a case for modification w/o any substantial change in circumstances? "
She has to show a material change of circumstances affecting the child's well-being to qualify for a modification.... View More
Child has been under moms care since he was born, child is under moms insurance, all of childs things (food, shelter, formula, clothes, diapers etc) have all been paid by mother. Hospital fees also currently still being paid by mother. No agreement on child placement, no agreement on custody, no... View More
answered on Mar 29, 2023
If he is not on the birth certificate, and if Mother and Father have not signed an Acknowledgment of Paternity, and if Father has not filed to establish paternity with the Courts, then Father is not a legal parent, and the child is under Mother's custody, and that does include the right to... View More
Step mother emotionally abused my daughter for over 3 years, my daughter turned 18 on September 2022 and she moved out and went not contact with father and stepmother. Daughter is in therapy due to the mental abuse and suffers from depression, anxiety and panic attacks, daughter wants to report... View More
answered on Feb 22, 2023
She can go to the nearest superior courthouse and request the protective order. That will only be in effect for two years though.
As for reporting emotional abuse, she should contact the Department of Child Safety.
If you are looking to modify legal decision-making and parenting... View More
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... View More
I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.
answered on Feb 13, 2023
You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in... View More
We are only dating but we are very much together and he is 100% involved. He will obviously be listed as the father on the birth certificate (I’m still pregnant) but I’m not sure what rights that gives him since we’re not married? If I choose to vaccinate our child against the wishes of my... View More
answered on Feb 13, 2023
Legally, in the short term, it's in your favor until he goes to Court to establish his custodial rights. At that point, his rights are equal to yours.
Legally, in the long term, and practically speaking, these are decisions you need to make together. You're better off making these... View More
Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... View More
answered on Feb 13, 2023
I am so sorry to hear what your children have been through.
That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... View More
I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.
answered on Jan 27, 2023
The Arizona Bar handles complaints about lawyers.
As for having their own firm, it really doesn't make a difference.
If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.
This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More
answered on Jan 21, 2023
I'm sorry that I didn't see this sooner. I hope your son is with you now.
If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.
If he is in Arizona,... View More
I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... View More
answered on Jan 21, 2023
If you want them prosecuted, you need to make a police report.
You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.
We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... View More
answered on Jan 21, 2023
If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."
Be patient on child support. The... View More
I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .
answered on Jan 18, 2023
Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.
You can find a child support calculator online and see how the numbers play out. You should run two... View More
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More
answered on Jan 18, 2023
Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More
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