He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?
answered on Apr 30, 2023
He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.
He can... Read more »
Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?
answered on Apr 30, 2023
Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.
I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may... Read more »
My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... Read more »
answered on Apr 28, 2023
She can.
But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.
I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the... Read more »
I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... Read more »
answered on Apr 23, 2023
First, a 12-year-old doesn't get to pick where she lives.
"Does she have a case for modification w/o any substantial change in circumstances? "
She has to show a material change of circumstances affecting the child's well-being to qualify for a modification.... Read more »
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... Read more »
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... Read more »
Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... Read more »
answered on Feb 13, 2023
I am so sorry to hear what your children have been through.
That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... Read more »
We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... Read more »
answered on Jan 21, 2023
If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."
Be patient on child support. The... Read more »
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »
answered on Jan 21, 2023
I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.
I'd recommend consulting with an... Read more »
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... Read more »
answered on Jan 18, 2023
Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... Read more »
answered on Nov 6, 2022
Your best option is to have your son to establish his custodial rights and then you can see your granddaughter when your son has her. If that's not a possibility, you can file for grandparent visitation. But the difference between your son filing and you filing, though, is this: He has a... Read more »
My ex husband is wanting to move out of state….over 1000 miles away. Newly remarried. Our daughter is 9 and he wants me to agree to shuffling her back and forth to another state … one month on and off. I politely declined and stated she can stay here with me to provide stability for schooling... Read more »
answered on Nov 2, 2022
No judge is going to make a 9-year-old do a one-month on, one-month-off schedule for the very reason you hit on: School. Even when children are not school age, few judges are willing to do month-on, month-off because it's really not in a child's best interests to be living in two... Read more »
I am in a custody battle with my ex-boyfriend over my 15 1/2-year-old son. We have a final court date next week. I need to know HOW he got copies of MENTAL THERAPY NOTES from 5-6 years ago. How did he do that without my knowledge?? These are not medical records. These are MENTAL THERAPY NOTES that... Read more »
answered on Oct 23, 2022
Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.
For medical (including counseling) or... Read more »
I just received the opposing party's exhibits in our child custody case. The opposing party is my ex-boyfriend that is my son's biological father they just met each other in August 2021, at my son's request. My son will be 16 in November. They have mental health visits and notes... Read more »
answered on Oct 21, 2022
Since he is the child's father, he is legally entitled to any medical records involving your son. For any medical record involving your son, he does not need your permission to obtain them. If they're your medical records, then you would have needed to sign a HIPAA Release.
You... Read more »
I am in a nearly year-long custody battle. It has been a nightmare. I have an atty and I was paying her out of every check for a while now. We currently have temp orders and the final court date is next week. Six weeks ago I was in a car accident and fractured my back in 4 places so I had to go on... Read more »
answered on Oct 21, 2022
I feel for you because you're in a tough spot. It's too late to change counsel, and you're better off with an attorney, even a disinterested one, than going on your own.
She has an ethical duty to be diligent in her representation of you. Even if she's not getting paid,... Read more »
I am in a custody case with my 15 1/2 yr old son and his biological father. We were never married. The Judge issued temp orders in March and our final court is the end of October. I have given proof to my atty of how many of those orders he violated and wanted her to file Contempt of Court charges.... Read more »
answered on Oct 17, 2022
You can file a Petition for Contempt of Temporary Orders prior to the final trial. Your attorney may be hesitant to do so now because there's a good chance it would lead to the final trial being postponed 3-4 months. You also might be past your deadline to disclose the evidence for use at... Read more »
I am in Arizona and my children's father lives in California. We meet halfway which is approximately 400 miles for each of us. Our child support order states he is responsible for 74% of travel costs related to parenting time over 100 miles away. Is it calculated after the initial 100 miles... Read more »
answered on Oct 9, 2022
Your Decree should provide the direction.
If it doesn't, then the two of you need to discuss what standard you're going to use. Right now, the IRS standard is 62.5 cents per mile. Based on that standard, you each are incurring $250.00 (62.5 cents times 400 ... I'm presuming... Read more »
My ex and I are in the final stages of my petition to modify child custody. We need to meet to compile our pre trial statement. My ex insists on bringing his new wife when we meet up. I've reminded him that the judge at our last conference had mentioned that she has no say in this matter but... Read more »
answered on Oct 9, 2022
Yes, you should meet with him and his wife to do the joint pretrial statement. It's more important that you do the joint pretrial statement than it is that she not participate. I don't think the judge is likely to react favorably either to his insistence that she be there or your refusal... Read more »
answered on Oct 9, 2022
You should immediately file a Petition to Establish Legal Decision-making, Parenting Time, and Child Support with the Court.
https://superiorcourt.maricopa.gov/llrc/fc_group_6/
At the same time, you should file a Motion for Temporary Orders asking the child be returned to the... Read more »
answered on Sep 27, 2022
No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.
Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or... Read more »
I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »
answered on Sep 27, 2022
Who pays child support currently is unrelated to whether arrears are owed.
Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.
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