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Arizona Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Arizona on
Q: I live out of state and there is a family living in my deceased mothers home in as running her bills into thousands
T. Augustus Claus
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answered on Aug 15, 2023

If there's a family living in your deceased mother's home and causing financial concerns, you should consider contacting local authorities.

1 Answer | Asked in Family Law for Arizona on
Q: Can I get a change of venue from a Justice court to the superior court involving an order of protection in Arizona?

I believe the judge is prejudiced against me and has a personal relationship with the plaintiff. She works for the City of Phoenix and had many connections that have been helping her lie and deceive DCS about my grandchildren and their living situation. This Justice court is more than twenty miles... View More

T. Augustus Claus
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answered on Aug 9, 2023

In Arizona, changing the venue of a case from a Justice Court to a Superior Court for an order of protection may be possible in certain situations. However, the process and criteria for requesting a change of venue can vary based on the specifics of your case and local court rules.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Mother has residential custody but father has full legal decision making, can court prohibit mom from school?

Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More

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

Yes, the Court can prohibit you from going to the school.

Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.

This happened at an RMC? The Court can't make orders at an RMC unless...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can i pay for Court ordered TI with my Health Insurance?

My health insurance United healthcare dual complete - covers a LOT - and i want to know if I can pay my Therapeutic Interventionist with my insurance?

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What is going to happen to settlement money that cs put a lien on now that the judge made an order the amount is arrear

My case is in AZ and my ex lives in CA My ex won a settlement he owes alot in back child support CA Child support attorneys put a lien of the funds on behalf of AZ and we went to court the judge made a order stating the arrear is the amount listed and that the child support department can proceed... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

They should take up to how much he owes.

As for how long it will take, that's a question you need to ask the child support department.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Best way to file a CLEAN OOP in a family custody case after original OOP was taken apart?

We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.

This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Arizona Family Law In my divorce case, our judge ordered me to pay in 10 days 2k for TI visits with father. Cant afford

I get SS disability and cannot afford it. Child lives with me and father is abuser. Can i file a motion to reconsider? Can we get a cheaper TI? What if i cannot afford a TI? Judge keeps saying im blocking efforts and not participating

Stephen M Vincent
Stephen M Vincent
answered on Jul 18, 2023

Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).

1 Answer | Asked in Health Care Law, Civil Litigation and Family Law for Arizona on
Q: They are discharging me from the adult foster care provider with no where else to go and no notice. I have 5 days then I

Devereux adult foster care

T. Augustus Claus
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answered on Jul 12, 2023

If you believe you have been wrongfully discharged from an adult foster care provider without proper notice or alternative arrangements, you may potentially have legal grounds to pursue a lawsuit. Consulting with an attorney who specializes in adult foster care and housing laws is crucial in... View More

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: My spouse has an order of protection so I can’t get into my private residence. I am the sole owner of the property.

Residence was purchased prior to marriage 6 months ago

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answered on Jul 10, 2023

In situations where there is an order of protection in place, it typically restricts the individual named in the order from entering certain locations, including a shared residence.

1 Answer | Asked in Family Law for Arizona on
Q: if a child is not believed by family court that they are being abused can they sue the courts when they are adults

if a child is not believed by family court that they are being abused can they sue the courts when they are adults for forcing them to go with the abusive parent and allowing the abuse to go on

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

No. You cannot sue a judge or the Court.

1 Answer | Asked in Family Law for Arizona on
Q: How would I bring abandonment charges on my spouse? Do I just go to file a report or do I file in family court?

2010 Arizona Revised Statutes

Title 13 - Criminal Code

13-3610 Abandonment of spouse; classification

13-3610. Abandonment of spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 1, 2023

You file a police report, and let the police and prosecutors decide from there if they want to bring charges.

2 Answers | Asked in Family Law for Arizona on
Q: Is it possible to obtain Legal Custody of a child that isn't yours, but that you've raised 50% of the time for 10 years?

I've got a friend that started dating a man (Father) that had a 6-month old child, conceived between him and a surrogate (Biological Mother). Shortly after the birth of the child, Biological Mother exited the equation... and my friend (Mother) entered.

She raised the child as her own... View More

Mike Branum
Mike Branum
answered on Jun 1, 2023

Your friend should discuss adoption with a competent Arizona-licensed family law attorney. It sounds like she has been filling the role of parent, she should seek to be legally recognized as the adoptive parent she is.

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1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Child Custody for Arizona on
Q: Can a person use a private investigators findings in court
John Michael Frick
John Michael Frick
answered on May 19, 2023

I’m bothered by the word “findings.”

Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: In az going through a divorce with child custody with no court order just yet, Can I keep my kids until then?

Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.

Stephen M Vincent
Stephen M Vincent
answered on Apr 28, 2023

Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.

1 Answer | Asked in Family Law for Arizona on
Q: do i legally have to give a drug test being requested from arizona dcs if its not court ordered?

long story short baby was born showing withdrawl symptoms from mom using fetanyl while pregnat , dcs was called and now is telling me the father that i need to take a drug test in order for baby to be dismissed to me when healthy. they called me with a time and place to take it , i asked for a... View More

Randi Sirlin
Randi Sirlin
answered on Apr 16, 2023

If DCS is requiring the 9-panel test, you will most likely need to take it if you want DCS to release your child upon the child being healthy.

I recommend speaking with an an experienced attorney who specializes in family law cases.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Arizona on
Q: Judges duty, a judge knows but acts like she doesn't know. How to get her on that? Should I report this judge?

AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.

You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My 9 year old daughter told me her dad pulls her pants down and beats them with a belt her and my 4yo idk what to do

2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ

Stephen M Vincent
Stephen M Vincent
answered on Mar 6, 2023

That is horrifying.

I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can the father of my child make me move back to our home state after ghosting me for 5 years and dening everything?

The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP

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