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Arizona Family Law Questions & Answers
2 Answers | Asked in Family Law for Arizona on
Q: How can i file for an emancipation petition as a minor
Mike Branum
Mike Branum answered on Jan 20, 2021

Copy and paste: https://www.azcourts.gov/selfservicecenter/self-service-forms/emancipation-of-a-minor

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can a child custody case be reopen if the father was granted full custody already
Mike Branum
Mike Branum answered on Jan 17, 2021

The short answer is yes.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to grant visitations unsupervised to a child that has not had a relationship with her father?
Peter W Davis
Peter W Davis answered on Jan 8, 2021

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 »

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2 Answers | Asked in Family Law for Arizona on
Q: after a 15 year relationship but not married, do I need to do a legal separation, or do I need to do anything.
Mike Branum
Mike Branum answered on Dec 30, 2020

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 »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can I write something out myself, giving my son's father sole custody, and then have it notarized, and give it to him?

We have an equal joint custody agreement in the state of Arizona.

Mike Branum
Mike Branum answered on Dec 30, 2020

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 »

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1 Answer | Asked in Family Law for Arizona on
Q: In a divorce, does the consent decree parenting plan have to look identical to the original petition parenting plan?
Mike Branum
Mike Branum answered on Dec 14, 2020

No. As long as you both agree and affix your notarized signatures, it does not have to match the original petition.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Arizona on
Q: A couple of months ago my niece told my daughters she was being abused by her Dad.

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.

Mike Branum
Mike Branum answered on Dec 11, 2020

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 »

1 Answer | Asked in Family Law for Arizona on
Q: Jurisdiction challenge, no home state but I started the Parental Suit, now I want to challenge jurisdiction.

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 »

Mike Branum
Mike Branum answered on Dec 2, 2020

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 »

3 Answers | Asked in Family Law for Arizona on
Q: My friend got put in jail for not paying child support. She hasn't gone to court yet for sentencing and the jail won't

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 »

Peter W Davis
Peter W Davis answered on Nov 2, 2020

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 »

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Where do i get the form to file for arrears modification
Peter W Davis
Peter W Davis answered on Oct 26, 2020

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.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do i put in a request to modify arrears payment and request forgiveness on the interest.
Peter W Davis
Peter W Davis answered on Oct 26, 2020

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 »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I file a request to modify arrears payments and a request to forgive the interest on arrears
Peter W Davis
Peter W Davis answered on Oct 26, 2020

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 »

1 Answer | Asked in Family Law for Arizona on
Q: My court papers say holiday time takes over regular scheduled time. What happens if its my weekend and my holiday?

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?

Mike Branum
Mike Branum answered on Oct 23, 2020

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 »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: How can I recieve help with filing for contempt of a Divorce Decree.
Mike Branum
Mike Branum answered on Oct 7, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Do we even have a leg to stand on?

My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the... Read more »

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled any part of the family owned business.

I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 21, 2020

The laws of community property may apply here if your husband had any rights in business. Your divorce attorney can obtain information on ownership of the company. Information may also be available on the ACC website if the business is an Arizona entity. I would strongly recommend you go online... Read more »

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2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: Who can you file fraud upon the court in family court with? What court would handle this type of petition ?
Jay Hall
Jay Hall answered on Sep 8, 2020

Unfortunately it isn't clear what type of fraud you are alleging. Generally speaking, fraud claims need to be raised in the family court and within six months of the judgment or order procured by fraud. You may want to consult directly with a family lawyer to provide the additional context... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: What does this child support worksheet shall be controlling as to unreimbursed medical expenses mean?

my daughters father is to pay zero in child support. We just recently went to court and the worksheet says zero. I'm responsible for her insurance, im just not sure what that means. Before he was responsible for 50% of un covered medical. Does this now mean he's not responsible for that.

Jay Hall
Jay Hall answered on Sep 8, 2020

It likely means that the proportionate income assigned to both parents will control the division of those expenses, but you may want to review your decree with an attorney to be certain.

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: What is " Power of Attorney " for?

Well what rights does that give you ? An under what what kind of circumstances would it be used for?

Ryan K Hodges
Ryan K Hodges answered on Sep 8, 2020

"Power of Attorney" is a term commonly used for a legal arrangement where one person (the principal) gives legal authority to another person (the agent) to make certain decisions or to do certain acts on behalf of the principal. A power of attorney can be general to cover many... Read more »

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