Arizona Child Custody Legal Questions

You can try contacting the insurance company or employer's human resource department directly and explain what you need.  They may want a copy of the Court Order and your identification. Or you can file a Petition to Enforce in Court.  Make sure you ask that he pay your court costs. Are you using Child Support Enforcement Services through the DES office?  You can be their client if you are ordered to receive support. Finally, if you are back in court to modify support, you can ask that he be required to provide insurance, but that he not get credit for it for any periods of time he does not provide you the insurance cards.   Sometimes, having an attorney write a letter can also help.   Call if we can help with any of the above.   Marie Zawtocki Attorney at Law... Read Answer

You have several issues to address. First, it is important that you have current orders that are in your child's best interests.  Father has already been in jail for about 7 months.  How much longer will he be there?  Would it be safe for your child to be in his care when Father gets out of jail?  Usually, any child support order stops when the paying parent is in prison, but the new order can make clear that father has to notify the court and child support office when he gets out of prison (or jail).   Child going to prison or jail to visit Father:  a lot of factors are considered on whether it is good for the child to visit his father or not.  Your opinion on what is best for the child needs to be considered.  If it is best for the child to have some contact with Father you will also have to consider who should take the child for the visit.   As to the rights of a grandparent:  A grandparent typically does not have the right to force a visit by the child with father at prison, or anywhere else.  A grandparent may be able to obtain rights for the grandparent to have visits with the child.  The Court will consider what is best for the child and will consider if the grandparent and child had a prior relationship.  The Court will also consider if the grandparent will respect your wishes and follow the court orders.  The grandparent cannot bring the child to Father to the prison or jail unless the court order allows it.    To modify your order, we can help you through full representation or helping you with document preparation.  If you are served with a filing for grandparent rights, I would urge you have those reviewed by an attorney.     Marie Zawtocki, Attorney at Law Mesa, Arizona... Read Answer

You have a strong case as long as you can prove you were honestly not served and re-open or modify the case based on that. You will, however, need a competent and aggressive attorney as reversing court decisions is really complex and requires a knowledgeable and experienced attorney. Looking forward to your call. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Arizona.... Read Answer

It's a shame how many fathers act when it comes to taking advantage of the law and learn to play by the rules. Despite the fact, he does not have a healthy co-parenting relationship with you, himself and his lawyer will fight to make your life miserable. I deal with such cases all the time. This is not considered a simple case and I only do complex cases like yours. I don't know what is your financial situation like, but if I were you I would get the most aggressive lawyer I can find to put this man in his place. Seriously, he has not seen the child for a long time, and I am sure he doesn't even contact you to ask about the child but as soon as you move on to start a new life or career, they become jealous and want to come in the way. I myself and my team can assist you if you like. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Arizona.... Read Answer

What do you mean by the children have moved to Tucson, Arizona? What is the current custody order and how old are the children? When is the court date and for what purpose? It's really difficult to say whether you should hire a lawyer or do a phone hearing. The phone hearing options are not accepted by most judges so you might want to consider that and reach out to the judge for there approval, as your attorney would do. Also, just because you hire a lawyer does not mean you don't have to show up for court date. You can request to appear by technology is allowed. All depends on your lawyer and the judge. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read Answer

You have an interstate case involving Illinois and Arizona.  This is called a UCCJEA matter. But, both courts should give priority to the fact that the children have been residing in Illinois and one is attending school there.  The Courts would need a significant reason to allow an interruption with schooling and a move at this time.   Possibly, you need to file for an emergency temporary order based on a special appearance due to lack of jurisdiction in Arizona and UCCJEA conference so the two judges can discuss this matter.  These are more complicated matters than just getting a divorce.  Your filing in Arizona must make clear that you are doing it as a special appearance to address which state should have jurisdiction.  Unfortunately, you may need an attorney in both Arizona and Illinois to help until, at the very least the two states decide which state will have the case. If you have not already done so, you should consult with a family law attorney in each state and show the attorney the filings and orders with each state.  This response is based on the brief information you provided.  It is not a substitute for the value of consulting directly with an attorney.   Marie Zawtocki, Zawtocki Law Offices, PLLC    ... Read Answer

The Maricopa County Volunteer Lawyer's Program 602-258-3434 provides volunteer representation in a limited number of cases. A program called FLAP operates at each Maricopa County Superior Courthouse.  Call (602) 506-7948.  There may be a fee for a consult. The Modest Means Project is at 866-637-5341.   Hourly fee is $75.00. These programs may not be able to provide representation, but they may be able to schedule you in time for advice on how to present your case.   My firm charges a modest fee for an initial consult, as do many law firms.   Zawtocki Law Offices, PLLC      ... Read Answer

A request to modify has to be written, filed, and served properly.  If you have had stable employment, stable residence, and have followed the current orders, and you can prove the concerns about Mother, I would think you have a sufficient case so long as it is brought to the court in a proper format.     If the court is not listening to you, it may be because you have not filed the proper paperwork or have not explained it well enough for the court to understand.  It is also possible that you have done everything correctly, but the court has reasons for disagreeing with you.   Since you have not been successful on your own, I encourage you to consult with a family law attorney.  Bring your past paperwork with you so the attorney can see what you tried to do before.  My office will provide an initial consult at no cost.  Marie Zawtocki, Zawtocki Law Offices, PLLC... Read Answer

You are caring for Father's children and have a DUI that will be considered recent.   I believe it is an issue.  The Court will be looking at whether Father is capable of making reasonable and appropriate parenting decisions on behalf of his children.  A great many factors will be considered:  Father's duty to protect the children; the ages of the children; Father having proof of any appropriate counseling, AA participation, UA testing, and compliance with the misdemeanor terms by you;  whether you are driving the children anywhere; whether you still consume alcohol; and other factors.    I would expect the court to also assess whether Mother is capable of making reasonable and appropriate decisions on behalf of the children and at her own situation. When the Court is hearing about each parent, the judge is not just looking at whether one parent is more cabable.  If the facts present a concern about both parents, the judge needs to determine if further services or court orders are needed.   Father has a duty to protect his children.  If the current orders need to be changed so he can do that, he needs to file with the Court.  A consult with an attorney can help decide what type of legal action he can take.   Mother has that same duty to protect which is why she might be filing to change the current orders.   Marie Zawtocki, Zawtocki Law Offices, PLLC ... Read Answer

You need to consult with a family law attorney who has experience with in loco parentis and third party rights.  At the consult be prepared to discuss the reasons a court order is sought.  You will have the burden of proving that it is "significantly determinental to the child to remain or be placed in the care of" his parent.  The Court will have to consider a number of factors in deciding on this. There is another term called grandparent rights.  This is when a grandparent seeks a formal court order to allow them to have time with the grandchild.  The grandparent does not get custody or primary care of the child using these rights.   I have had experience with both types of matters.  Please contact my office if you would like to schedule a consult.   Marie Splees Zawtocki, Zawtocki Law Offices PLLC  ... Read Answer

You have several options. In family court, you could seek third party rights.  In juvenile court you could go for guardianship or possibly a severence and adoption. You may have been told about getting a power of attorney from mom and/or dad.  That is not usually the best choice for a longterm situation. Some caregivers do not bother to establish legal rights to care for the child.  But that is taking the risk that a doctor may rightfully request authority of you to make decisions.  A school may deny enrollment or continued enrollment.  It also makes it easier for mom or dad to show up and take the child or give those rights to someone else. The option right for your niece and you will depend on the specific facts of your case and what is best for the child.  Your post does not mention if DCS is involved.  They often are involved when a parent is incarcerated to make sure who is caring for the child.  DCS cannot help with family court and third party rights.  They sometimes help with guardianship, but not always.  They can help with severence and adoption, but may look at other placements for your niece.  I encourage you to consult with an attorney who is familiar with all three processes and family and juvenile court.  My office does have that experience.  Marie Zawtocki  480-655-0733  ... Read Answer

Your fiance has rights.  He needs to pursue them through the court so that there are clear orders for when he has the children and when mom has the children based on the best interests of the children.  A parent has prior over a grandparent, under the law.  Regardless of the reasons, if he has not spent time with the children in awhile, it may be in the best interest of the children that there be a transition period.  This will depend on the current circumstances.  Your fiance needs to be prepared to follow through.  Having an attorney and other supports at the beginning of his case can help him to that.  He can also learn how to deal with mom so that, in the future, he will know when he needs and attorney or can use court services to have the court orders followed.  If the children are currently living with grandmother, do you know whether she has been given any legal authority?  Schools and doctors are supposed to make sure that the person that has the care of the children has the right to make decisions for them.  Current Arizona statutes recognize the importance of having parenting orders that are followed so the children have a predictable schedule and regular access with parents.  Since mom moved out of state, she should be ordered responsible for her costs to see the children.  The specific facts will be important in deciding what options your fiance has.  I encourage he meet with an attorney.  Our firm handles family law cases and offers an initial 1/2 hour consult at no charge.  Marie Zawtocki, Attorney 480-655-0733... Read Answer

 The Court will look at many factors in determing whether the child should live primarily with mother or father, including looking at how the parents have shared time the past 3 months, the family support each has, employment opportunities, domestic violence,  the needs of such a young child, and how the child will travel and spend time with each parent.  For example, if dad also has relatives in the same New Mexico area, he now has a place to stay when he comes to see the child.  If they are both living near the Arizona/New Mexico border, regular parenting time could occur.  The Arizona law is 25-403 and 25-408.  Your sister should meet with an Arizona attorney to discuss the relocation in greater detail. She should also talk with an attorney in the local area of New Mexico that she wants to move to.  She will want to do this immediately as her case may be stronger now than in a few months. Our initial consults are free for 30 minutes and $80.00 for one hour.    Marie Zawtocki, Attorney 480-655-0733... Read Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

My experience with this matter is that the Court will not hear disputes regarding who claimed the tax deductions. I have always seen the Court defer to the IRS to resolve these issues. No pleadings can be filed over the phone. Every pleading and Petition has a specific procedure and fee for filing in Court.... Read Answer

Please view Arizona Revised Statute 25-403, which covers the parenting time and legal decision-making factors. Every judge must review these factors when making parenting time and/or legal decision-making decisions. It is unclear from your question whether the Father is still living near the marital home. The law states that each parent should have frequent and meaningful parenting time with each parent. The adultery is not necessarily relevant to parenting time, however alcoholism and heavy drinking are relevant. It depends on the additional facts of your case how much parenting time Father would receive if the case went to trial. Preliminary, allowing Father to only take the child to school and doctor's appoints is probably not enough time for him.... Read Answer