Arizona Child Custody Legal Questions

It is not clear from your question as to whether the father lives in Kansas and objects. The wrinkle in the case may be whether your daughter could be considered emancipated. Normally Kansas should have jurisdiction over the relocation of a minor residing for a period of time in it?s state, and your daughter should consult with an attorney in Kansas, as that is the State with jurisdiction. And normally, regardless of whether or not she can move without permission, the father may still file an objection with the court and start a case. If the court has to make a decision it will likely depend upon many factors, but in this situation the fact that your daughter is a minor may have an additional wrinkle. Then who has legal decision making authority [custody] over your daughter, and if your daughter even legally entitled to decide where she lives. Due to the complexities, and the lack of full facts, you may need to consult with counsel in both states to clarify your daughter's position.... Read More

A parenting conference is normally not mediation. They are normally scheduled with a counselor who may see if the parties can find any middle ground, but if not they normally make a recommendation to the court. The judge likely needs this information to make a decision, so requesting temporary orders may not make sense. What may make sense is to mediate privately and try to work together with the other parent. You can get a mediator on board now, rather than waiting for a court process. Sometimes the other side needs to be shown information in an open and respectful manner or them to hear what you are saying. Best of luck.... Read More

Naturally no one can give you specific legal advice in this forum. Generally the query would be whether a verbal or written modification to a parenting agreement that is not made an order of the court is enforceable. However, if you look beyond that, the larger question in your specific situation is whether parenting agreements, whether or not entered by the court, can be modified. Even if you could somehow claim that your new agreement was enforceable, because it does not sound like a court order, the mother is seeking to change it. These school issues can be complex, and you may want to not only seek counsel with a family law attorney but also a mental health professional who does this type of work with the court. It sounds like you are trying to work-out what is in the child?s best interest, and that can be a good place to begin.... Read More

First and foremost if you are seeking legal advice you should consult with a family law attorney. It would be impossible to provide legal advice through this forum. For one thing, there could be court orders that need to be considered, and whether there are orders and what they say would have a huge impact on what you should do going forward. You should know In general there is a statute in Arizona that governs relocation, A.R.S. 25-408. It is a rather lengthy statute. It may or may not apply to your situation, as well as other statutes. I have attempted to provide a link to the statute HERE You will note that the statute does have notice requirements under certain circumstances. It also sounds like you also have some child support issues that may or may not be able to be handled for you through IV-D services and parenting issues. When you consult with an attorney you should be able to find out both your legal rights as well as options on how to proceed that may serve to minimize the chance that you will be faced with legal action.... Read More

The procedures and process for a court emancipation are fully set-out in A.R.S. 12-2451 et seq. If he is an Arizona resident he can apply at age 16 or 17 in the Superior Court in the County where he resides. He must be financially self-sufficient. He must file a petition avowing the necessary facts and that emancipation is in his best interests and prove he can support himself. He should have been living on his own for three months or demonstrate why living at home is not a healthy or safe environment. The court may consider such things as his wishes and his parents, his financial situation, his education and success at school, whether he has a criminal record, and whether he understands the risks of emancipation. Beyond just the legal rights, this might be a situation where it would be worthwhile to bring in a counselor, clergy member or mediator to work with you, your boyfriend and your respective families. It is normally most helpful for any new baby, and the new parents, to have the support of as many family members as possible. Therefore, in order to understand the full consequences of potential actions, and to avoid burning bridges, it might be worthwhile to attempt a more amicable resolution first. Congratulations and best going forward!... Read More

You should speak with a family law attorney who handles military issues, but it sounds like you and the child are in New Jersey, so you would need to speak with someone there who is familiar with New Jersey law. Many states have enacted special statutes regarding parenting issues to encourage folks such as yourself to serve the country.... Read More

Until the father has established his rights in a court of law, your niece has custody of the child. As an adult, it is solely up to her whether she lets the father see the child or whether she lets the child's grandmother to see the child. The burden is on the the father to establish his rights and demonstrate that it is in the best interests for him to see the child (and accordingly, in what conditions he is allowed to see the child i.e. it is his burden to prove that it is in the child's best interests that his parenting time occur at the grandmother's 1000 sf house under those conditions; otherwise PT will have to occur elsewhere and possibly under supervision by someone trustworthy).... Read More

The court will not be concerned with an event that occurred so long ago.  The other party would need to show that a recent matter negatively effects the best interests of your children in their current living situation.  Marriage to your boyfriend is not a factor by itself.  ... Read More