Get free answers to your Family Law legal questions from lawyers in your area.
I need sume help
answered on Dec 13, 2024
Divorces are the same in every Arizona county. Every divorce basically will address the same topics:
1. Legal decision making
2. Parenting time
3. Child support
4. Spousal maintenance
5. Division of property
6. Division of debts
A... 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 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
answered on Dec 10, 2024
You need to file a "Petition for Disolution".
You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/
This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without... View More
Counsel moves the Court to strike the Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash filed by me
Pursuant to Rule 35(a)(3), a party may not respond to a reply unless authorized by
the Court to do so. Father has not requested an order from the Court to allow... View More
answered on Dec 9, 2024
When someone files a Motion, there are three filings that are permitted:
1. The Motion itself
2. The Response to the Motion
3. The Reply to the Response
You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a... View More
Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.
I filed a motion to... View More
answered on Dec 9, 2024
It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... 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
He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More
answered on Oct 10, 2024
The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.
However, that does not mean that's the law for custody.... 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 Oct 10, 2024
We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More
my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney
answered on Oct 10, 2024
You wrote, "Is my name on the birth certificate enough to establish paternity?"
That's a simple question but it has somewhat complex answer.
Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name... View More
The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do
answered on Sep 5, 2024
Your spouse faces an uphill removal proceedings battle:
1. He was deemed removable prior based on his criminal conviction of domestic battery
2. He re entered the United States which constituted another criminal infraction based on his procedural history,
3. While in the... View More
We have been married for 18 years 7 months
I have no job at the moment but based on me making 18.00 an hour in the past he thinks he can get away with paying spousal support for 1 year. I have been 100% dependant on him for 18 years and would not be able to support myself financially after... View More
answered on Jun 28, 2024
You should read the attached article discussing the types of alimony available in Arizona:
https://thevalleylawgroup.com/blog/qualifications-alimony-az/
It would be extremely unusual for a court to award alimony after a divorce for an undefined period of time such as until you... View More
To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More
answered on Jun 6, 2024
Navigating the complexities of Italian nationality law and the nuances of such affidavits can be challenging. It’s advisable to coordinate these legal matters with an attorney licensed to practice law in Italy. An Italian attorney will be well-versed in the specific requirements and procedures... View More
To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More
answered on May 31, 2024
To file a One And The Same Person Affidavit for your Italian nationality application, you need to clearly establish the connection between the different names used by your ancestor. Start by gathering all relevant documents that show the use of both last names, such as birth certificates, marriage... 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
My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here
answered on May 27, 2024
I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.
The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can... View More
No custody order or protections order
answered on May 27, 2024
Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.
Under Arizona's custodial interference statute, when a child is born out of... View More
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