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Arizona Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

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

Stephen M Vincent
Stephen M Vincent
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

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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

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

Rich J. Peters
Rich J. Peters
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

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

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

Rich J. Peters
Rich J. Peters
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...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: She was supposed to take the kids for holiday but as soon as I arrived she said she was calling the police cause I'm

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I live in Arizona, I'm having d.C.S issues they are getting in the way of my relationship with my wife

They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.

Aaron Brann
Aaron Brann
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

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
Stephen M Vincent
Stephen M Vincent
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....
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

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

Stephen M Vincent
Stephen M Vincent
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

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
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

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Is it legal for my 11 year old son to be sleeping on a pull out couch in the same room as his dad and his gf?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Me ex girlfriend had a child and claims it's mine. Who has the right.to take the child?

Can I take the child legally

Stephen M Vincent
Stephen M Vincent
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...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

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

Rich J. Peters
Rich J. Peters
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

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

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

James L. Arrasmith
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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

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Arizona on
Q: in Arizona: what constitutes "kidnapping" if the child is 14 yrs old and your grandchild?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Can I use current temporary orders in place of original petition in a divorce default hearing?

Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.

T. Augustus Claus
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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

1 Answer | Asked in Civil Rights, Family Law and Child Custody for Arizona on
Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?

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.

James L. Arrasmith
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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

1 Answer | Asked in Child Custody for Arizona on
Q: Can one parent record phone calls between child and another parent with the other parents consent?

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.

Stephen M Vincent
Stephen M Vincent
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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