My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »
Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the... Read more »
File full custody even tho I let the court know I move out of state for what’s best for my son
You can not take your son and move him out of state without a court order. You should contact an experienced family law attorney to discuss a relocation case.
The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.
While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »
He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?
Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has... Read more »
Can The other parent try to take the father to court if the father marries a new partner with children? I was never married to my sons mother, now I am getting married and she is saying she will take me to court for child support if I do. My soon to be wife does make good money but she also... Read more »
Child support can be established at any time the parties are living apart. It can also be modified at anytime upon a showing of substantial and continuing change in circumstances.
He wouldn’t get the help here can she do that
These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... Read more »
To Pay child support once I get married? (Me and the mother were never married)
You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... Read more »
We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »
Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »
I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the... Read more »
As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.
The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.
Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will... Read more »
The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?
No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.
I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »
It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... Read more »
Now our vacation dates have overlapped. I am willing to compromise but he will not. The order states in even years he has first choice when they overlap. Since he failed to provide information to me in April, does that nullify his first choice right for picking dates?
Based only on the information you provided, it sounds like it would. The court might consider other facts, though, such as whether you already made travel arrangements before you selected your preferred dates. Essentially if there is no cost to you to defer to him even though he's late, you... Read more »
I have sole legal decision and sole physical custody of my daughter my ex had supervised visits every other Saturday my ex husband is 16,000$ behind in child support, has domestic violence charges but wants 50/50 custody now (after he has gone two years without seeing her) will I be able to move... Read more »
Possibly, but you WILL need to petition the Court to modify your current child custody order. You will have to make a case to the Court that your move is in your child's best interests. The fact that the ex has not been availing himself of his right to parenting time and is in arrears will... Read more »
Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay
As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... Read more »
Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... Read more »
So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still... Read more »
My husband left the state without my permission the kids were supposed to stay with me can I pick them up from NEBRASKA and bring them to az without breaking the law he lied to me and the kids
Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children... Read more »
The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order
There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... Read more »
The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this... Read more »
The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).
Instead of focusing on that, you will want to... Read more »
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