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Arizona Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
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...
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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

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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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
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...
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1 Answer | Asked in Family Law for Arizona on
Q: My Ex attorney filed a motion to strike to my reply to his motion to quash a subpoena.

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

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

Stephen M Vincent
Stephen M Vincent
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

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 Family Law for Arizona on
Q: My son recently turned 18 and is a high school senior. My ex-wife is won't provide transportation for him to my house.

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

Stephen M Vincent
Stephen M Vincent
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....
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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 Divorce and Family Law for Arizona on
Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings
Stephen M Vincent
Stephen M Vincent
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

1 Answer | Asked in Family Law for Arizona on
Q: is my name on the birth certificate enough to establish paternity?

my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney

Stephen M Vincent
Stephen M Vincent
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...
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2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

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

Alexander Ivakhnenko
Alexander Ivakhnenko
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...
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1 Answer | Asked in Family Law for Arizona on
Q: My husband wants to pay spousal support for only 1 year help!

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

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

Elias  Mendoza
PREMIUM
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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

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2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

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

James L. Arrasmith
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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

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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 Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law for Arizona on
Q: Is it legal for a mother to keep children from the father for no reason?

No custody order or protections order

Stephen M Vincent
Stephen M Vincent
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...
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