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Arizona Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there a form or way to ask the judge to make a ruling on a divorce?

My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... View More

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

Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Are court clerks ALLOWED to have access to a personal case before the document is served to them?

I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?

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

Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Hi is there a lawyer who specializes in gaurdianship cases thats willing to take my case for free?
Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.

1 Answer | Asked in Family Law for Arizona on
Q: Can a parent keep a child from the other parent if they suspect the parent is using drugs?

We have joint custody, even time split between the two of us, and my ex came to a place we were having dinner at and took my daughter from me and won't let me see her.

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

No. Legal decision-making (aka custody) does not give him the right to dictate the schedule. If he wants the schedule changed, he needs to go to Court to change it.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can my ex husband demand I take a drug test?
Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

If it's related to child custody, and he has a good-faith suspicion that you might be using drugs, he can ask the Court to order you to submit to drug-testing.

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Is there lawyers that can help fight against dcs?

My sister has 2 children both different dads her son(3) his dad was raided and they found cocaine and weed and pills in his house and my nephew slept through the whole raid so dcs decided to drug test him and he was positive for methamphetamines cocaine and thc his levels were really high and they... View More

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

Yes, you should look for an attorney who practices juvenile law.

1 Answer | Asked in Family Law for Arizona on
Q: My ex-husband has remarried as of December 17, 2022. How do I go about getting the alimony payments to stop.

I reside in AZ but, we were divorced in Arapahoe County, Colorado.

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

As you were divorced in Colorado, you should start by seeking the advice of an attorney in Colorado, and that's the state that has jurisdiction over the alimony award.

1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Can I sue dcfs? Mother was murdered never looked for father or his fam. They said he was dead he wasn't. I was placed in

The custody of a drug addict where I was sold, raped and given drugs. Once I wasn't needed I was thrown in Maclaren Hall and others

Louis George Fazzi
Louis George Fazzi
answered on Nov 30, 2022

You need to post this question for Arizona lawyers. This forum is for California lawyers, and as a California lawyer I am not permitted to practice in Arizona because I am not licensed there. California lawyers cannot give you advice on Arizona law unless they are licensed in that state.

1 Answer | Asked in Family Law for Arizona on
Q: If I needed a few answers on family law to see if my ex did things in a timely fashion or if she did it wrong and

And my son told me my ex had my 12 year to set me up

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2022

What you're asking for sounds like it would be best answered in a consultation because asking us to review the history a case, and that's something that takes longer than just answering a few questions

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can you help me time is not on my side

I may need a lawyer

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2022

I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Arizona on
Q: My significant other of 9 yrs. Daughter is claiming that my dad who has been deceased and I have sexually assaulted her.

I have a child of 7 with my partner. I have not been contacted by any officials for 11 days now. They have not as much as called me.

Steven Scharboneau
PREMIUM
Steven Scharboneau
answered on Oct 27, 2022

These types of allegations are very serious and can have life altering consequences. If you are being accused of this, I highly recommend reaching out to an Arizona criminal defense attorney to discuss your options right away. Most of us on here (myself included) will discuss your case with you... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need to know if this is how it works

I am in a custody case with my 15 1/2 yr old son and his biological father. We were never married. The Judge issued temp orders in March and our final court is the end of October. I have given proof to my atty of how many of those orders he violated and wanted her to file Contempt of Court charges.... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 17, 2022

You can file a Petition for Contempt of Temporary Orders prior to the final trial. Your attorney may be hesitant to do so now because there's a good chance it would lead to the final trial being postponed 3-4 months. You also might be past your deadline to disclose the evidence for use at... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My girlfriend left and possibly left the state with our 9month daughter. We've never established custody. What can I do?
Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2022

You should immediately file a Petition to Establish Legal Decision-making, Parenting Time, and Child Support with the Court.

https://superiorcourt.maricopa.gov/llrc/fc_group_6/

At the same time, you should file a Motion for Temporary Orders asking the child be returned to the...
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1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

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

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... View More

Randi Sirlin
Randi Sirlin
answered on Sep 14, 2022

It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... View More

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2 Answers | Asked in Family Law for Arizona on
Q: Can a parent relocate without the other parents agreement?

Live in Phoenix AZ and would like to relocate to Green Bay WI to be with family with my 3 month old. Can I relocate without the fathers permission? We have never been married nor separated, are only dating and each file as single.

Mike Branum
Mike Branum
answered on Sep 14, 2022

This is an extremely complicated situation. Have you discussed the situation with the child's father? Your life will be much less likely to implode if you discuss the situation with him and have a written agreement allowing you to relocate. I HIGHLY recommend that if you are allowed to... View More

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court in two counties at same time. I'm ready to continue with default in my case/ county. Her county has no

Proof I was served. She was served first. Should I respond to her county even tho orders were placed in my county where I and the child reside and I have temp custody.?

Stephen M Vincent
Stephen M Vincent
answered on Sep 13, 2022

I'd file a Motion to Dismiss in her county. You'll file under ARFLP Rule 29(b)(6), saying she requested relief that cannot be granted because a proceeding has already been commenced in your county, and service has occurred there.

Make sure you write that are "specially appearing."

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just obtained soul physical and so legal custody of my son however I can't locate my son or the mother

She was probably served through the courts with the last address she left on file

Stephen M Vincent
Stephen M Vincent
answered on Sep 4, 2022

Courts usually don't do the serving at least not if you got custody through the Arizona family court. That's usually your responsibility.

But the bigger issue is to find her and your son. If Internet and social media searches aren't working, then you should hire a private...
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