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Arizona Family Law Questions & Answers
2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

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

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.

I'd recommend consulting with an...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... View More

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Why would a judge give a father sole custody when father have a criminal background? Mother do not have a record

From start of when we first started father failed five drug test nothing was done he got joint custody fast forward to now father have an domestic violence on him from starting a fight with his mom and step dad and had our daughter in the bathroom when his mom tried to check on our daughter he... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

It is difficult to answer this without knowing more, but the short answer to your question is the Court must have been more concerned about Mother than it was with Father. Perhaps the Court overlooked evidence. There are options to challenging the Court's ruling. I recommend you consult with... View More

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.

If there are orders in place, your daughter might want to consider seeking a...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My sons ex girlfriend will not allow me to have any contact with my granddaughter, what can I do to see the baby?
Stephen M Vincent
Stephen M Vincent
answered on Nov 6, 2022

Your best option is to have your son to establish his custodial rights and then you can see your granddaughter when your son has her. If that's not a possibility, you can file for grandparent visitation. But the difference between your son filing and you filing, though, is this: He has a... View More

1 Answer | Asked in Family Law for Arizona on
Q: How to get my grandchildren out of Mexico we're my daughter dropped them off ayears ago to a stranger

She has 3todlersvin Mexico and had not.bern back to see them she suffers from pps after her last child she has 3,more older children 911,that stay with there father brother wife and the oldest child sh16 threw to hold her own how can I get my grandchildren bk in my custody and make my daughter seek... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 2, 2022

That was difficult to follow, but it sounds like your daughter dropped her three children off to Mexico "years ago."

The first thing that we need to figure out is jurisdiction. Both Mexico and the U.S. are parties to a treaty on child custody that is part of The Hague Convention....
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Ex moving out of state… ?

My ex husband is wanting to move out of state….over 1000 miles away. Newly remarried. Our daughter is 9 and he wants me to agree to shuffling her back and forth to another state … one month on and off. I politely declined and stated she can stay here with me to provide stability for schooling... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 2, 2022

No judge is going to make a 9-year-old do a one-month on, one-month-off schedule for the very reason you hit on: School. Even when children are not school age, few judges are willing to do month-on, month-off because it's really not in a child's best interests to be living in two... View More

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: Counseling notes

I am in a custody battle with my ex-boyfriend over my 15 1/2-year-old son. We have a final court date next week. I need to know HOW he got copies of MENTAL THERAPY NOTES from 5-6 years ago. How did he do that without my knowledge?? These are not medical records. These are MENTAL THERAPY NOTES that... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2022

Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.

For medical (including counseling) or...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need advice please

I just received the opposing party's exhibits in our child custody case. The opposing party is my ex-boyfriend that is my son's biological father they just met each other in August 2021, at my son's request. My son will be 16 in November. They have mental health visits and notes... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 21, 2022

Since he is the child's father, he is legally entitled to any medical records involving your son. For any medical record involving your son, he does not need your permission to obtain them. If they're your medical records, then you would have needed to sign a HIPAA Release.

You...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What can I do?

I am in a nearly year-long custody battle. It has been a nightmare. I have an atty and I was paying her out of every check for a while now. We currently have temp orders and the final court date is next week. Six weeks ago I was in a car accident and fractured my back in 4 places so I had to go on... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 21, 2022

I feel for you because you're in a tough spot. It's too late to change counsel, and you're better off with an attorney, even a disinterested one, than going on your own.

She has an ethical duty to be diligent in her representation of you. Even if she's not getting paid,...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just left Arizona with my three kids to escape my abusive ex and go back to our home in Ohio with all of our family

He got the police involved when he realized I left and is saying I kidnapped the kids. I know I’m doing the right thing for them but now I’m so scared that he will find us, take the kids, or I will get in trouble

Mike Branum
Mike Branum
answered on Mar 8, 2024

You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.

1 Answer | Asked in Family Law for Arizona on
Q: If a family court temporary order was set for the dismissal calendar on Feb 21st 2024. Is it dismissed? Do I need a ordr

We had temporary orders. The opposing counsel did not file a motion to continue before the calendar dismissal date.

Mike Branum
Mike Branum
answered on Mar 6, 2024

Since you are asking the question on Justia, I will presume that you do not have counsel yourself (if you do, you should really be talking to your attorney!). You should contact the Court to determine if the Court dismissed the temporary orders and, if they did, request a copy of the Order... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I need to decide when and how I should start obtaining full sole custody of my four-year-old daughter.

I experienced domestic violence with the biological father of my child. He told the child support judge he wanted nothing to do with my child and is currently in prison for a manslaughter charge due to a motor vehicle accident with a bicyclist that resulted in the death of said bicyclist. His... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 29, 2024

I recommend you go speak with an attorney who practices in the juvenile courts in Pima County ASAP about filing to terminate his parental rights. If you're going to do it, now is the time. If you don't terminate his rights, he can seek to establish his rights when he gets out of prison.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
PREMIUM
Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Pre trial statement sent yesterday , new evidence came to light today ,is there anything we can do ?

Dcs removed kids from mom in Feb for drug use , she was told to stay away from druggie boyfriend in order to have contact with the kids , custody trial is 12/4 pretrial statement was sent 11/29 .video of her at boyfriends house came to light today 11/30 anything we can do to submit evidence for... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 30, 2023

Yes, I would discuss it all involved ASAP and submit it to the Court as a Supplemental Exhibit ASAP as well. Be aware that the Court might reject it, but it's certainly worth a try. You will also want to review the Court's guidelines for how to submit video evidence.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: If my granddaughter lives in NM and I reside in AZ, where do I file for grandparents visitation rights? Az or NM?

Unfortunately my ex daughter in law makes it merely impossible for me to have the right to visit my granddaughter. There's other circumstances between her and my son going on but my concern is me not being able to see her more while they go back and forth with their visitation arrangements.

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

New Mexico

1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: I need to know if I have a good case to sue DCF for braking my happy family up and turning my family and kids against me

3 years ago during the covid out break I had problems with someone renting a room from me. But before I go any farther I do want to add that I was a addicted at the time cuz I was in pain management for15 years.. but non of my family new it cuz I only took enough to control my pain. so I was... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

This would be better asked to a civil attorney than a family law attorney since civil attorneys deal with lawsuits and family attorneys do not. I would recommend you consult with one before making a decision on whether to pursue.

So, bearing in mind that this is outside my area of...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: So I got 2 letters regarding a family custody case one shows order of reassignment and the other shows order

In the order letters is says I need to file a response that contains citation to relevant statues and case law

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

Sounds like they must have reassigned the judge in your case, and it (presuming service was proper) sounds like you are on the clock to file your Response. Without knowing what type of Petition or other request they filed, I can't advise you further.

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