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Arizona Child Custody Questions & Answers
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My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15.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 physical custody... 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 "dad's" dad molested... 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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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: My grandson is 4 mo old. My son and his girlfriend went separate ways a month ago.

She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep Him from seeing... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2019

Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I was granted sole custody of my son about 8 years ago. His father went to prison and now is trying to push visitation

Without court involvement. He hadn't been in contact since 1 year after sentencing. How do I handle this?

Mike Branum
Mike Branum answered on Jun 8, 2019

Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but after... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: My nephews mother through him out . He is 16 in California can I bring him to Az ?

He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.

Mike Branum
Mike Branum answered on Jun 8, 2019

If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arizona on
Q: What is the law about joint custody and Child released on intence probation. Does he still get to go back and forth

My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.

Zachary Divelbiss
Zachary Divelbiss answered on Jun 2, 2019

You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum
Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for Arizona on
Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order

Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »

Mike Branum
Mike Branum answered on Apr 29, 2019

Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m 15 and live in Arizona and my dad is a alcoholic and smokes out of wax pens and other things it’s hard for me please

I live in Arizona and I’m 15 am I able to make my decision with living with my mom

Mike Branum
Mike Branum answered on Apr 26, 2019

Your opinion and the behavior if the male on your birth certificate should both be taken into consideration. You will need to petition the court for a review of the cold custody order. There are a number of factors which will need to be considered in determining where the petition must be filed and... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Arizona on
Q: My grandson has been placed in kinship care in Arizona through DCS. Can we apply to adopt him before my daughter's right

Before her rights are severed through DCS. It shows were in Illinoise. We also live in Arizona

Mike Branum
Mike Branum answered on Apr 15, 2019

My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Q: Can parents get there rights back if they were severed in arizona
Mike Branum
Mike Branum answered on Apr 15, 2019

Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: How do I get my custody case out of California and transfer here to AZ?
Rich J. Peters
Rich J. Peters answered on Apr 5, 2019

I would need to know a bit more.

1. Where does everyone (each parent, children) live now? And for how long?

2. Are you hoping to deal with custody issues? or support issues? Or other issues?

Tell me a little more, and I can give specific advice.

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

Ex has taken all of my information and done identify theft and opened many accounts in my name. They forged my signature. And tell everyone I’m crazy. There may be a will or trust now

Rich J. Peters
Rich J. Peters answered on Jan 21, 2019

You can check here:

http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.

Or maybe here:

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.

If there is more I can do to assist, please let me know.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody

I have two daughters who are 4 and 3 years old. They currently live in AZ with the mother, I live in Chicago, IL. I'd like to get full custody of them because I do believe and have reasons why it would be in the best interests of the girls. Yet, I know that the courts do not usually favor with the... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 13, 2019

In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.

If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.

There are endless...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Am I obligated to pay back child support if the other party did not permit me to see my children?
John R Gaertner Jr
John R Gaertner Jr answered on Jan 5, 2019

Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?

I travel 8 days per month, but they are always a different 8 days. I don't want to lose any of my 15 days with my kids. Will a judge allow us to develop a schedule on a month to month basis that accommodates this as long as it is perceived as fair to the other parent? I'm not a pilot, but what... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Dec 21, 2018

Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on
Q: do you all help with child custody in a gay relationship?

i was with a woman 7/8 yrs (common law married) we have a child I paid for and inserted/incriminated the sperm my mom and I took care of ALL the daycare expenses until our daughter started school when she was three. Our daughter is 7yrs old now i have NOT once claimed her on my taxes yet i PAY FOR... Read more »

Randi Sirlin
Randi Sirlin answered on Dec 12, 2018

I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

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