Custody order was finalized in Florida, but I now live in Arizona. I want to modify my custody order here (Phoenix). Is it possible to modify it here without having to go to the originating state where the order was set?
The statute you are dealing with is called the UCCJEA. "U" stands for "uniform" because it has been adopted by all 50 states so that child custody and jurisdiction is (theoretically) handled the same regardless of which state the child is in. The state that has...Read more »
Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »
So I'm co parenting right now, we have nothing legal, nothing on paper and no court documents, everything is verbal. I'd like to move to a different town, nothing would change regarding my job because i'd transfer, or regarding my kids, i'd have them the same days I do now, only... Read more »
As long as you are not crossing any state lines, there is little she can do in Court to prevent you from moving or punishing you if you do so against her wishes. You really should attempt to negotiate an agreement with her if you can. Especially if you are not looking to go to Court. Maybe offer to...Read more »
In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days...Read more »
Technically, no. With less than a year until she becomes an adult, however, you could not get through the court process in time to do anything about it. You also must realize that the Court is going to give a lot of weight to the wishes of a 17 year old when making a determination. Unless there is...Read more »
The short answer is yes, it is possible. However, just like any other case it is detail and case specific. The judge will make a best interest finding in determining what the best interest of the child is, and most of the time in this sort of situation that would be a stepped plan to introduce...Read more »
Only if the two of you have acquired real estate or other items of substantial value that you need to ensure are divided equitably. Barring that scenario, take with you the good memories and, hopefully, some lessons learned and move on. Leave all the bad memories and any resentment behind....Read more »
There are a lot of things one CAN do and then there are the things one SHOULD do. You should file a joint petition with the Court (assuming the child's father agrees to his having sole custody) and have the Court issue a modified child custody order. Changing child custody and parenting time...Read more »
A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.
If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where...Read more »
Weren't married, moved in together 3.5 months prior to birth. My son was born in Phoenix Az. We met, dated and he was conceived in California. At the time of his birth I was and continue to be a resident of California, mom can be argued that she had residency in AZ because of acceptance of... Read more »
What an enormous disaster of a jurisdictional issue. Arizona no longer has any jurisdiction over the child because neither you, the child's egg donor, nor the child live in the state. Arizona courts should and most likely would dismiss any case you filed there for lack of jurisdiction....Read more »
The jail won't let me bail her out. They didn't give her a lawyer or anything. And Im trying to help her but can't afford a lawyer. The jail is telling me she needs to go to court and bail needs to be posted there, but she won't be released until the court date. I am honestly... Read more »
the jail is giving you bad information. when someone is arrested for child support there is no bail to be paid, but a purge amount associated with the warrant. The purge amount gets paid and the individual will be let out with a hearing date set. If the purge cannot be met, she will stay in jail...Read more »
There is no specific form for this. The law library has a self service area which should contain blank motion forms that you can ask the court to do anything including modify arrears. I have also seen pro-per litigants use the child support modification form to modify arrears only.
I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally belongs...Read more »
I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally...Read more »
My parenting time is from 4pm Friday to 5pm Sunday. Holiday is from 6pm Friday to 10 am Sunday. Do I get my child late and return him early or do I just do my normal parenting time even though the holiday falls through my weekend?
The BEST approach is always to resolve any dispute with your co-parent. The fact that you are on here asking this question leaves the impression that you and your child's other parent are not successfully communicating regarding custody issues. In the absence of the ability to treat each other...Read more »
If you are in Kileen, Texas, it will be very difficult for you to get personal assistance in your case unless you are hiring an attorney (I presume when you say "help" you are looking for legal assistance without cost). It is difficult to provide much more specific advice because there...Read more »
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