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Arizona Family Law Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »

Mike Branum
Mike Branum answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Stephen M Vincent
Stephen M Vincent answered on Oct 12, 2021

I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Mike Branum
Mike Branum answered on Oct 12, 2021

The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.

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1 Answer | Asked in Family Law for Arizona on
Q: My wife left a month ago and has had no contact without 3 year old son. She will now show up with police to take him.

She relapsed on drugs two days after leaving. I fear for my sons safety if he is alone with her.

Stephen M Vincent
Stephen M Vincent answered on Oct 9, 2021

You have a couple options: (1) you can file an emergency with the Court to get emergency custody of your son. A petition, either for divorce or legal separation, will need to be filed at the same time, and you will probably want to file a motion at the same time for wife to submit to drug testing,... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Mike Branum
Mike Branum answered on Oct 6, 2021

Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »

Mike Branum
Mike Branum answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex and I have 50/50 custody. He told me via text that he's moving out of state. Does that count as written notice?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).

I'm going to quote A.R.S. 25-408(A)-(E) here for your information:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

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1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

1 Answer | Asked in Family Law for Arizona on
Q: In AZ, after you pay a full retainer to an attorney, how long do they have to make/file an Entry of Appearance ?
Stephen M Vincent
Stephen M Vincent answered on Aug 31, 2021

I don't think there is a set deadline, but customarily, most attorneys file a Notice of Appearance within a day or two of being hired.

1 Answer | Asked in Family Law for Arizona on
Q: My mom has dementia for the past year. Her husband cheated over a decade ago and is. Is trying to kick her out. She pay

My mom has dementia. She has had it for the past year. Her husband cheated over a decade ago and has been living with his mistress. Now suddenly he wants to kick my mom out even though she’s been paying the mortgage this whole time. They have never divorced but he is the only one on the mortgage.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 28, 2021

This is really a question for an attorney who handles adult guardianships or elder law. It probably needs to be answered by an attorney in Michigan.

If the property is in Michigan, and if both spouses are in MIchigan, then you'll need to speak to a Michigan-licensed attorney about...
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1 Answer | Asked in Family Law and Domestic Violence for Arizona on
Q: My daughter's mother in law is making her life miserable, she always call her " a bad mother" can she sue?

Grandma always say she is taking the kid away from my daughter, she said she is calling the department of child Care service.

Mike Branum
Mike Branum answered on Aug 27, 2021

I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: In az a minor 16 or older may marry someone that is no older then 3 yrs older then you would 3yrs 1 month be okay or no

I have parent consent and I would just like to know if they are 3 years and 1 month older then me would it be okay to do or is it strictly 3 years and below so I can go get my marriage license with my mom

Mike Branum
Mike Branum answered on Aug 25, 2021

Three years is three years, not three years and one month. I am going to be blunt. The level of maturity demonstrated with the crafting of this query does not give readers any confidence that you have achieved the necessary life skills to make a decision of this magnitude with or without a... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: How do I force my 15 and 16 year old to get on an airplane if they refuse to see thier father?

We live in Arizona and their dad lives in utah. We've been on the once a month schedule for 5 years. Right now they both are participating in extracurricular activities that effect their grades. I asked their dad if he could skip the September visit and take some additional time in December... Read more »

Mike Branum
Mike Branum answered on Aug 25, 2021

Document, document, document. Save all the emails and text messages between you and your ex. At that age, the children should be communicating directly with their father on a regular basis. This is not strictly a custody issue (which the two of you should handle without involving the children),... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What papers do I file to terminate a parenting plan?

My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 6, 2021

There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What forms would I fill out to terminate parenting plan? If me and the other parent are in agreement.

We now live together and would like to have our old custody order parenting plan terminated.

Randi Sirlin
Randi Sirlin answered on Aug 6, 2021

The court will have to approve any parenting plan you file. There may not be a form for a stipulated modification of legal decision-making and parenting time. The court will also have to approve any stipulated modification of child support. I suggest you contact an experienced family law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character

Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

I am sorry to hear that.

His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your...
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