Arizona Recent Legal Answers from Lawyers

If your ex boyfriend beleives he may be the biological father, he can file a court action to find out.  This is usually done through DNA testing.    If he is the biological father:  The Court would order Father's name to be added to the birth certificate.  In some cases, the Court will order the child's name to be changed to include Father's last name.  If the Court is asked, the Court can also order child support back to the birth of the child but no more than 3 years; parenting time and legal decision making can also be ordered.  The above is a very brief summary.  You are strongly urged to get detailed information from an attorney.  Your local superior court may have resources online for you.  (Pima, Pinal, and Maricopa do).... Read More

Verbal abuse should be reported to a trusted adult which can include a school counselor, family member, or  neighbor.  911 should be called if there is an immediate threat to a person's safety or a child is in an unsafe situation.  DCS should be called if a child is unsafe. Your dad, and perhaps even your grandmother, may have rights.  They should consult with an attorney. ... Read More

If the other party agrees, you both could sign an agreement that clarifies what the facts should be.  Depending on what the exact words of the order are or the exact testimony of the other party, there may be a concern by the other party that this stipulation will be used in the future to show he or she is not a truthful person.  However, that could be addressed in the stipulation, if needed.  I'd suggest you have an attorney look at the wording of the court's findings.  In any order involving legal decision making and parenting time, the court has to make findings about whether there was any domestic violence or, even if there was violence, it was not substantial. ... Read More

Because only you adopted the two children, your husband is now a step dad to them. The process should be easier than when you adopted in 2013, because you likely had to wait out the severance issues of the birth parents. And, I expect you will consent to your Husband adopting the children.  But, there will still be requirements similar to what you had to take care of for the adoption paperwork in 2013.... Read More

What is most important is what is done with the funds.  They should be put in a sole and separate account/investment that is only in your name.  If, at any time, you put Husband's name on the account/investment, it is likely that you just made a gift to the community of that account/investment.  The account/investment should be one opened just for the inheritance to you.  There should be no commingling to make clear that the inheritance funds have remained your inheritance funds.   If you did want to use some of these funds for a joint venture such as buying a car or house that will be jointly titled, you will want to have a clear, written agreement signed by both and notarized that states these funds remain your sole and separate funds.  Depending on the use of the funds, the following may be helpful to confirming these remain sole and separate:  a disclaimer deed; a post nuptial agreement; or the way a property is titled.  If you want assurance he cannot reach the funds, you should have an attorney review the paperwork.     ... Read More

The first questions are what do the existing orders say about parenting time and custody (now called legal decision making in Arizona) and does dad have a copy?   The court typically calls this the current order, regardless of how old it is.    The specific terms of the warrants will also be important in knowing how significant the emergency is. The next question is whether there is a jurisdictional issue.  If the current order is in California or if the child has been living primarily in California for the past 3 years, California may have jurisdiction (the right to enter orders regarding your child).  But, if the emergency is sufficient, it may be possible to address this in Arizona.   I am not clear if Mother knows the child will be having parenting time with you in Arizona.   I would strongly encourage you consult with a family law attorney in Arizona where you live who has experience with what we call UCCJEA and UIFSA -- these are laws that are used when the parents live in two different states.  I do have that experience.   When you consult with an attorney, bring all documents and information you have for the current orders, the warrants, and so forth.  If you do not have these, meet with the attorney anyway as it appears you have an opportunity to begin addressing this in the first 2 weeks of August.    ... Read More

Many lawyers, including myself, provide mediation services.  A mediator does not represent either party and is only allowed to provide limited legal advice during the mediation sessions.  Once an attorney acts as the mediator in the case, that attorney can not provide representation to either party in the divorce.   Mediation is a very effective way to address a divorce.  The mediator can assist with the paperwork needed for filing in the court both to initiate and to finalize the divorce.  It can keep the costs of a divorce to a minimum. Even if you are using mediation, each party has the right to consult with his and her own attorney. It is not unusual to use mediation and for each party to consult at least once with a private attorney to make sure that each spouse knows his or her rights.   When you are contacting an attorney, it is important that you identify whether you want to use that attorney for individual representation or for mediation.  If it is for mediation, I require that both parties be present for all meetings (by phone or in person) and copied on all communications.   Your first step might be one of the following: 1.  Schedule a joint, initial consults with your spouse and a family law mediator 2.  Schedule an initial consult for just yourself with a family law attorney so that you understand your rights.   Either of those initial consults will explain the legal process in greater detail.   Marie Splees Zawtocki Family Law Attorney... Read More

If the September hearing was called a review hearing, the Court may have set that on the enforcement matter to make sure that the Father is now following the Court orders.  If Dad does not appear in September a warrant might automatically be issued.  If he appears but has not stayed current on all support orders for the past few months, more review hearings will be set. He would also be at risk of going to jail.  You need to be present and you will need to understand what remedies you can ask the court for.  As an example, going to jail is helpful in some cases but not in others.   Next time you file with the enforcement court or you have an enforcement court date, make sure you apologize for not being present, if your presence was required. The modification of child support matter is technically a separate matter.  Father would have had to file and serve you with separate paperwork.  You would need to request a hearing if you did not agree with the paperwork.  The court may schedule the modification hearing on the same day as the enforcement review hearing for the convenience of all of you.  These hearings can be confusing as many cases are scheduled for the same time and you are likely required to attend a conference first.  Any hearings are for short periods of time, so it is very important that you are prepared.  ... Read More

Your current orders may contain provisions that differ from the relocation statute.  That order will need to be followed. The Arizona statute currently states 100 miles and is typically interpreted to mean the distance from the current location of where you have been living.  If a parent has moved several times since the current order was entered, and each time that parent is moving further away, the Court will take that into consideration if the other parent objects to the children  relocating or having to travel regularly for weekend and holiday parenting time. Relocation cases are difficult when  the parents do not agree.  Many times, the objection to relocating the children is based on logistics of how much time children are spending traveling, and the ability of a parent to rearrange their schedule.  If the move results in changes in school, medical provider, and so forth, the non moving parent may also disagree because they have no first hand knowledge of what the child is moving to.  The Court may want to know that the moving parent has an established job and been at the new location for awhile before moving the child to live in primarily in the new location.  The Court will also look at whether the moving parent can afford the consequences of a long distance parenting plan and exchanges.  Often, the moving parent has to pay for these since they are the one that chose to move. Even when parents do agree, a new order typically needs to be entered with the Court because the current parenting plan does not work when one parent moves a long distance away.        ... Read More

You will not have parenting time and legal decision making rights for your child unless you or the Mother files a specific request for that in Court.  If the only issue the Court has been asked to decide is child support, the Judge does not address any other issues. There may be a question in your case as to which state can decide parenting time and legal decision making for your child since the child has lived in two different states.  The jurisdiction laws can be confusing and can make a case more complicated.  You will want to consult with an attorney who has experience with both UCCJEA and UIFSA.  ... Read More

The general rule in Arizona is that any asset acquired during the marriage is community property.  With a retirement account or pension, the court is able to divide that community interest in the asset as equally as possible.  There are some exceptions to this.  If a spouse began contributing or earning part of their pension prior to the date of marriage, that portion belongs to them.  A prenuptial or postnuptial agreement might also impact how the pension gets divided.  There are some other exceptions.   The division of a pension is often done by a professional to insure that it is done correctly.   That professional is often referred to as a QDRO professional and typically does not represent either you or your spouse.  As this pension may likely be the most valuable asset that needs to be divided in the divorce, you are encouraged to consult with an attorney as you start the divorce process and to review any agreements so that you can be assured you get your portion of this account.  ... Read More

Based on the information provided, you may want to file a Petition for Enforcement. You may also want to file a Petition to Modify the current orders so that the children are with you more.  You should consult with legal counsel as the prior history of the case and the violations that are occurring need to be considered.   ... Read More

If the court order does not specify the costs to travel to the airport:  In many long distance cases, you would pay these if you are a reasonable distance from the airport.  If  you are driving a longer distance, such as from Prescott or Flagstaff to Phoenix' Sky Harbor, then I think requesting reimbursement for costs may be appropriate.  This would especially be so if the flight is at a time that an overnight stay near the airport is reasonably necessary.  Before you refuse to send the child, you want to be able to show the Court and the other parent that you followed the order to all extents possible and made reasonable attempts to find a  solution for any part of the travel that has caused the dispute.  (Emails would be helpful in this instance.) Marie Splees ZawtockiAttorney at LawMesa, Arizona... Read More

If proper paperwork is filed with the Family Court in Arizona for modification, the Court has to consider the best interests of the child, including consideration of whether the child has witnessed or been affected by domestic violence.  If the violent parent is being released from jail or prison, the other parent should consider filing a request for an emergency temporary order in the family court that will limit the violent parent's access to the child.  An Order of Protection can be obtained from the Superior Court while the Family Court matters are being pursued, but the Superior Court can only put the child on a protective order in limited circumstances.  The family court judge is the most appropriate person to address changing of the family court orders so that the child is protected. ... Read More

All cases are fact sensitive. It appears your wife is a US citizen living on a US Military base in Japan and that the child has not been born yet.  It does not appear that she is a Japanese citizen.     Jurisdiction over the child will likely be in the place where the child is living.  If the child is born and remains on Japanese soil, Japan may technically have jurisdiction to make decisions.  Japan has custody (legal decision making), parenting time, and support laws that are applied in these cases. As of January, 2014, Japan finally joined the Hague Convention which, briefly, is an agreement of many countries intended to stop cross border child custody matters.  Prior to that, I was already seeing some cases where the Japanese court and Japanese attorneys were recognizing the importance of both parents having appropriate parental access.  If mom is in the US Military, is it likely she will be sent back to the US?  Further, the US Military does have resources that may be of assistance when a service member attempts to deny the other parent access.  There may be some benefits to getting your divorce filed in the United States now and getting Mother served. ... Read More

You will need a lawyer for this eviction. The friends obtained possession from your sister, so they are lawfully in the property. No rent has been paid, so a 5-Day Notice to Pay or Quit must be issued. A Demand for Possession must also be sent. Then an eviction action must be filed in court.... Read More

Yes, you can retain an attorney for full representation or limited scope representationafter you file.  If the parties are not in agreement on what to do with the house, the Court will order it sold.  The court may give one party a reasonable amount of time to refinance--but if that party  does not have sufficient income or a co signer, refinancing is not a reasonable option  and should not be included in the order.  The final divorce decree should include language stating that the house be sold if a refinance that is ordered is not completed within a specified period of time.  I would encourage you to take advantage of an initial consult with a family law attorney prior to filing.  You have a longer marriage, own real estate, have minor children, and appear to have some assets or obligations.  If you fail to request relief in your petition, you may not be able to get it later unless you file an amended petition.  Quite a few family law attorneys charge minimal or nothing for an initial consult.  I would suggest you come to that initial consult with the initial divorce paperwork completed.  This will help you to be able to focus on specific questions you have for your case.   You can obtain the initial paperwork packet on the Maricopa, Pima, and Pinal County websites.  Other counties may also have the packets or refer you to these larger county sites.     In my experience, a client can control attorney fees and costs. Quite a few family law attorneys offer services in a variety of ways which include consultation only, limited scope representation, and full representation.  If you promptly follow the instructions given for providing the documents and information that are needed for your particular case, the law office will have less work to do.  You also need to "choose your battles".  For example, some parties spend more in attorney fees than the cost of the property item they can not agree on, such as a piece of furniture.  You need to maintain a reasonable position.  For example, some parties want an inequitable division of the community property and obligations.  If they do not have a legal reason to justify this, the Court may order that party to pay the attorney fees and costs of the other spouse.   ... Read More

If you want the guardianship to stay in place but want to have more formal agreements with your mother for regular contact, visits, and so forth, informal or formal mediation may be appropriate.  Private attorneys and mediators are available in the community.  These professionals have training in mediation.  Choosing someone with knowledge of Arizona guardianships would be helpful.  A guardianship can be terminated. You (and any other legal parent) would need to file a request with the Arizona court.  If you request, it you can appear telephonically.  Before you file such a request, you need to be prepared for what may occur: If no one, such as your mother, contests the guardianship termination, it is likely to be granted. The Court does not have to grant the request.  Your daughter now needs to transition to an entirely new home, school, friends, and so forth.   You need to be prepared to provide full time care.  Your daughter may have a close bond with your mother and her Arizona community.  It may be in your daughter's best interests to continue to have regular contact and, maybe even visits, here.   If the termination of the guardianship is contested:  you need to be prepared to come to Arizona for the court hearing(s).  The Court will consider many factors which may include consideration of the child's relationship with you (and any other legal parent) and that this relationship is a priority over other relationships.  Other factors may include that the child has been living with her maternal grandmother for three years and likely has attachments to school, the community, and people here; the reasons the guardianship was originally put in place; the wishes of the child, especially if she is over 14; involvement of DCS (formerly CPS); substance abuse issues; and other factors.  As for legal help, you want to be looking for an attorney who handles guardianships for juveniles. They may list themselves as handling juvenile law and/or family law.  If the cost of representation is a concern, Arizona counties have a number of services.  In Maricopa County, for example, we have Community Legal Services, the Volunteer Lawyer's Program (through the Maricopa County Bar Association), and the Modest Means Program.  You would need to contact them directly to see if they take cases such as yours and whether you qualify.  Also, a number of private attorneys may be willing to provide consultation and document preparation which may reduce your legal costs.   ... Read More

It would not be appropriate to access this account which is solely in his name.  Facebook information can be  helpful in an Arizona divorce matters.  However, there are other, more credible sources of information such as financial records and accounts, school records, police reports, drug and alcohol test results, and many other sources.  Your question causes me to think that you have concerns during this period of separation.  If these concerns include having appropriate parenting time for children, support for children and a spouse, or property rights, the Arizona family court has services and processes including conciliation services or filing for temporary order and  divorce or legal separation orders. ... Read More

Although imperfect sometimes, your father can apply for his records under the freedom of information act. He can send requests to both U.S.C.I.S. and CBP. He can send an FOIA request to U.S.C.I.S. with a G- 639 freedom of information/privacy act request and proper identification to U.S. Citizenship and Immigration Services National Records Center, FOIA/PA Office P. O. Box 648010 Lee’s Summit, MO 64064-8010 CBP prefers FOIA requests electronically at https://foiaonline.regulations.gov/foia/action/public/home  Your father can then create an FOIA online account and simply follow the prompts to make an FOIA request. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More