Get free answers to your Child Custody legal questions from lawyers in your area.
answered on May 27, 2024
The first is to determine what state has jurisdiction.
For that we first look to what state is the home state. The home state is either
(1) the state your son was born in, if it's the only state he has ever lived in;
OR
(2) the state where he most recently... View More 
They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.
answered on Apr 29, 2024
In Arizona, the Department of Child Safety (DCS) typically intervenes in family situations when there are concerns about the safety and well-being of children. This can include allegations of neglect, abuse, or other harmful environments. If DCS has removed your children from the home, it's... View More
answered on Apr 15, 2024
A divorce decree is final in Arizona when all of the following criteria are met:
1. The Decree has resolved all issues related to the Petition for Dissolution.
2. The Decree states no matters remain pending.
3. The Decree states it is entered under Rule 78(c).
4.... View More
My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More
answered on Apr 1, 2024
No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More
Hair folical too is this excessive ?
answered on Mar 15, 2024
A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More
My son stays with his dad about half the time. The thing is, he lives in a 2 bedroom apartment with a roommate and his girlfriend. My son has to sleep on a pull out couch in the same room as his dad and his dad’s girlfriend. My son is 11. We have had multiple conversations over the last couple of... View More
answered on Jan 22, 2024
The arrangement is not illegal.
There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some... View More
I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More
answered on Jan 22, 2024
Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.
You should run numbers through an Arizona Child... View More
Can I take the child legally
answered on Jan 17, 2024
She can. You can't.
Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of... View More
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
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answered on Jan 2, 2024
In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
answered on Jan 5, 2024
If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More
My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she... View More
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answered on Dec 31, 2023
In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your... View More
Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.
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answered on Dec 27, 2023
In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More
Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.
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answered on Dec 5, 2023
In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this... View More
Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More
answered on Oct 23, 2023
- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More
We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More
answered on Oct 23, 2023
You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.
Domestic... View More
answered on Oct 10, 2023
It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More
We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More
answered on Oct 9, 2023
Sounds like your best option is probably to going to be filing a Motion for Reconsideration.
The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.
If you have evidence Father lied, present it and let it speak... View More
We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?
answered on Oct 2, 2023
You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.
If you're... View More
I had residential custody and he had ldm and suddenly without consideration of his consider it d v past a judge grabted him custody of our minor even if he's probation for abuse of her and violating an oop, and with medical reports stating she is autistic and terrified of him and needed... View More
answered on Oct 2, 2023
You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.
The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not... View More
My wife shares custody with the child’s father. Father has continuously taken the child’s phone away while she is at his house during his parental time. Mother and I have bought the phone and pay the cell phone bill on a monthly basis. Father has never paid any portion or is even on same phone... View More
answered on Sep 27, 2023
I am certainly sympathetic to what Mother and you are enduring because of Father's inappropriate actions.
However, what you suggest here is not the solution.
I know this may hurt to hear, and I apologize for that, but the law is clear: As a stepparent, you have no legal... View More
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