Arizona Child Custody Legal Questions

My suggestion is that you consider establishing custody (now called decision-making authority) and parenting time regarding your daughter, so that everyone's rights, responsibilities are spelled out and clear. You would also want to establish child support at that same time depending upon how much time the father is spending with your daughter. By having these orders in place, it will protect you and minimize confusion and conflict.... Read Answer

You have the same rights and options as the mother. I know you said you have joint custody, but do you share the parenting time jointly as well, or does the children reside with one parent more often than the other? If this is the case, you still have joint custody and one parent has residential custody. If she is seeking "full" custody, she is either seeking sole custody or residential custody (if not established), but my question would be..on what grounds.... Read Answer

It is impossible to know how much time he will get unless/until he is either convicted of a crime (after trial or via plea agreement) or acquitted. If he is incarcerated, it may be appropriate to modify your current court orders to reflect his unavailability to assist in raising your child for some period of time.... Read Answer

You have two separate questions. The judge decides what is in the best interest of the child when it comes to custody. The child support is presumed to be spent on the child. How can you say that rent, food, clothes do not come from the child support. Unless the parent is gambling the money away or using it to buy drugs, you don't have any say in how it is spent. If those things are happening, then you should go to court and ask for custody to be given to you since it will be in the best interest of the child.... Read Answer

Then why haven't you filed for a change in custody? Is there an order saying where the child must live? If so, you must obey the order, but you can get it changed. Alternatively, if the conditions are so bad, call CPS and report the problem. If CPS takes custody, they will probably turn your child back to you. Even so, still file for a change in custody.... Read Answer

The court will take precautions. Likely the children will be talking to the mediator as opposed to the judge. Still, involving children in family law disputes is never good for the children. See if mom would agree to put the children in counseling and release the privilege so that the children can stay out of the action altogether.... Read Answer

A number of questions come to mind, first of which is where is the father? If your sister does not wish to give up her parental rights than the only manner in which that might happen is through a court action. It would normally start with a complaint to the department of social services regarding her parenting and go downhill from there. It will be time consuming, ugly, and expensive. You will need an attorney. I would suggest that you consider just allowing the status quo to go on, it sounds like your sister is going to self-destruct in any case which would go a long ways to solving your problem and eventually having the guardianship of your nephew transferred to another and more responsible party.... Read Answer

You have indicated a couple of issues. First, if the father owes child support, you can enforce this order so he is compelled to pay. Second, whether you have joint "custody" (which is now called "legal decision making") or sole custody, you cannot change your child's name without the father's consent (or at least providing him with notice of the hearing). I recommend you consult with an attorney to discuss this matter in greater detail.... Read Answer

Generally speaking, unless there is some sort of emergency situation, parenting time and custody orders cannot be changed for one year after the prior orders were entered. Further, regardless of how much time has passed, there must be some sort of change of circumstances to justify the modification.... Read Answer