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Arizona Child Custody Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

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 »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My parenting plan states my ex needs to provide dates for his 2 week summer block by April, but he never did.

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?

Jay Hall
Jay Hall answered on Jul 2, 2020

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 »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Will judge allow me to relocate with my child if husband is joining Army?

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 »

Mike Branum
Mike Branum answered on Jul 2, 2020

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 »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

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

Mike Branum
Mike Branum answered on Jul 1, 2020

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 »

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2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

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 »

Jay Hall
Jay Hall answered on Jun 1, 2020

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 »

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1 Answer | Asked in Child Custody and Civil Rights for Arizona on
Q: I'am married and no custody in place can I bring my kids from NEBRASKA to ARIZONA

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

Jay Hall
Jay Hall answered on May 25, 2020

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: If the other parent hasn't followed the custody agreement how to do go about filing papers to inform the judge of this

The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order

Jay Hall
Jay Hall answered on May 25, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can I do about receiving a summons for a custodial interference charge to appear in court,

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 »

Jay Hall
Jay Hall answered on May 25, 2020

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...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How do I get 50/50 custody of my 4 month old son?

The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

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1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: As per my question I submitted, could you kindly call to set up an appointment to discuss my case. Thks.
Mike Branum
Mike Branum answered on Mar 6, 2020

The attorneys on this website are not allowed to solicit business when answering questions or provide contact information through the "Ask-a-Lawyer" platform. You should be able to gather enough information from the profile of the attorney who answered your question to determine how to contact them.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m dating a 18 year old and I’m 17 and my parents want to put him in jail can they do that?

Me and my boyfriend were dating for three months prior to him turning 18. Recently, we were at my house and were messing around play fighting and he accidentally damaged my room causing my mom to believe that he hits on me. I dismounted the allegations and she now wants to end my relationship and... Read more »

Mike Branum
Mike Branum answered on Jan 9, 2020

First, if he ever DOES physically, emotionally, or mentally abuse you; leave and do not look back. You deserve better. Period.

You ARE considered a minor in Arizona, but the fact that he is less than 2 years older than you and under the age of 19 makes it almost certain the prosecutor would...
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1 Answer | Asked in Child Custody for Arizona on
Q: How do I obtain custody of my grandchildren! How does my don get full custody of his children?
Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

There is so much to answer here, I cannot do so by email. We should meet.

As a Grandparent, you have the right to (1) seek Grandparent's Visitation", or (2) seek a Voluntary Guardianship, or (3) seek a Permanent Guardianship; or (4) seek a Termination of both parent's...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: i have sole custody and want to move out of the state, can father contest?

the judge gave me sole custody, so father has no parenting time, arizona's laws are unclear on sole custody with moving versus primary parenting.

John R Gaertner Jr
John R Gaertner Jr answered on Dec 2, 2019

If you have sole legal custody and Father has no parenting time, you may be able to move out of state. More information is needed but worth speaking to an Arizona Family law attorney. Most initial consultations are free.

1 Answer | Asked in Family Law, Child Custody and Native American Law for Arizona on
Q: What do I put on a motion for a telephonic hearing in the navajo nation court on November 15? Do I have time?

The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »

Mike Branum
Mike Branum answered on Nov 3, 2019

The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed... Read more »

1 Answer | Asked in Family Law, Child Custody and Military Law for Arizona on
Q: What rights do I have to keep and maintain my children's military dependent ID cards?

My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary... Read more »

Mike Branum
Mike Branum answered on Oct 24, 2019

Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.

If option A is not possible, you might ask the...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Our 16 yo granddaughter lives in Oregon is staying with us in Arizona. She want's to stay, where do we start OR orAZ

She has been in and out of CPS custody in Arizona 18 months, and a year or so in Oregon. There has been and is currently physical confrontations with her mother. She recently did a DNA test and found the man she called dad wasn't. She is afraid to return to Oregon because her... Read more »

Mike Branum
Mike Branum answered on Aug 14, 2019

If she has been living with you six months, you may file in Arizona. If she has lived in Arizona less than six months, you would need to file in whatever state she last lived in for six consecutive months. If she has been back and forth repeatedly and not truly established a state of residence, you... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?
Mike Branum
Mike Branum answered on Aug 14, 2019

Until a court terminates his rights, a biological father retains them; so, yes, he does still have rights.

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