Get free answers to your Child Custody legal questions from lawyers in your area.
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More 
answered on Dec 12, 2024
Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More
answered on Dec 13, 2024
You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and... View More
We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More
answered on Dec 4, 2024
Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour... View More
We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More
answered on Dec 9, 2024
Don't text him directly if it violates a court order.
Absent hiring an attorney to communicate with him as Mr. Peters suggested, you might want to file a Request for Mediation and make sure you have checked off that requirement before going for contempt.
Be keeping a record of... View More
My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More
answered on Oct 10, 2024
I am probably too late on this ...
Most likely, the family court does not have jurisdiction over your dog.
The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that... View More
Refusing to give them to her which was untrue instead she said she had the court paper saying she had parenting time and I said great can you send it to me so I can know when to pick them up. So while waiting for the police over 45 min she called a cab and left without the kids. Then she filed a... View More
answered on Oct 10, 2024
You're not at fault.
She's being ridiculous.
The problem is this: How did you document this?
When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.
Bear in... View More
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
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 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 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
The child is 5, tries to record phone call on phone. Each time I’ve answered I hear an alert saying phone call is being recorded.
answered on Dec 12, 2024
Presuming all parties are in Arizona, then yes. Arizona is a one-party recording state, i.e., only one person involved in the conversation needs to know a recording is being made. You could, however, request the Court order the other parent not record the phone calls.
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