Arizona Family Legal Questions

File for spousal and child support and see an attorney.  If there are enough assets, a lawyer may be willing to represent you, with the agreement that once you receive your share of assets in the divorce, he/she would get their fees paid.  If that's not an option, then go to your local law library and find out how to file for divorce yourself.  You can then engage in discovery and he will be forced to provide you with financial information.... Read More

Technically speaking, a child under the age of 18 never gets to "choose" which parent with whom to reside. The "wishes of the child" are currently one factor among many that the court must consider in making a determination about the "best interests of the child." Certainly, an older child's wishes will carry more weight than a younger child; however, it is never the child's decision.... Read More

You can list the debts that your husband would be responsible for and should list them with as much detail as possible.  The reason you should list the debts is in the event your husband does not respond to the Petition for Legal Separation, you can ask the court to enter a default against your husband.  Since you have him notice that you would be asking the court to enter orders regarding his responsibility for specific debts, then the court would order him responsible for said debts in a default decree. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read More

If the car is titled in the name of the man that your father gave the car to, the car belongs to him.  In the event that the title was not changed, then it belongs to your father's estate and it can be sold.  Regardless of who is on the title, the loan that is owed is the responsibility of the estate. and that will need to be paid.  It sounds like a probate action needs to be initated in probate court which will give you the power to act on behalf of your father's estate.  If you have siblings (either who are half) that you share in common with your father, they will need to consent to you being appointed as the "Personal Representative" of the estate.  Then you can act on behalf of the estate, which would include making sure his final expenses, final medical bills, and debts get paid.  *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read More

It is very hard to sue the State of Arizona and win.  I know that you are extremely upset for having to prove to CPS over the course of a year that you were a fit parent. What CPS was trying to do was protect your child from what they perceived as a threat to your safety. That being said, you could potentially sue the state for violating your rights under 42 U.S.C. § 1983. This would have to be done in federal court.  I would suggest talking to a civil attorney about the process to see if you have a claim. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

The only way, under current Arizona law, to obtain emergency custody is to show that the child's safety is at risk in the care of the other parent or placing the child in the care of the other parent will subject the child to imminent risk.  This is typically very difficult to obtain and the circumstances have to be dire.  Just having a threat that father will take the child and not bring her back is typically not enough for a judge to enter an emergency order without notice to the other party. It might make more sense to file your petition for divorce/legal separation along with a request for temporary orders.  These are orders (rules) that are put in place between the time the judge makes the orders until the time the divorce/legal separation is finalized.  You can ask for temporary orders on issues such as custody (decision making), parenting time/visitation, child support, etc.    *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

Arizona statute requires that the biological parent consent to the change of name, regardless of the custody designation. This is in part to make sure that one parent can't "hide" the child from the other. If he refuses to sign a consent, you may be able to serve him with notice of the hearing. If he fails to appear for the hearing, the court may be able to grant the name change since he had notice of the proceedings and failed to appear. You might also want to consider whether it is appropriate to discuss having your husband adopt your child, which would also result in changing the child's name. This would also require the biological father's consent or a court order terminating his parental rights. I recommend you speak with an attorney to discuss this matter further and determine your best course of action.... Read More

If you can show these are two separate accounts, and if the divorce decree divides two separate accounts (e.g. if the paperwork itself isn't "confused"), then you have a right to enforce the orders to receive your share of funds. With that in mind, it is still a good idea to try to reach an agreement on the appropriate outcome rather than risking a negative outcome with the court.... Read More

The life insurance policy and profit sharing would be an asset of your father's estate.  In order for you to get access to the information surrounding his assets one of you would have to be appointed as the personal representative of his estate.  Once appointed you would be able to access all of this information on behalf of the estate and figure out who is listed as a beneficary as well as the amount of money.  Once final expenses, medical bills, and debts are paid, whatever is left over would be split either by the terms of a will or trust or equally between you and your brother.   *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

In Arizona, when one parent has parenting time (regardless of who has legal custody), to relocate with a child you need one of two things: (1) consent from the parent who would be losing parenting time on a regular basis or (2) a court order.  You need to send your ex-spouse a letter via certified mail that you are intending to move at a date certain to another state (or over 100 miles from the child's current primary residence) and the reason for the move.  Your ex-spouse then has 30 days to disagreement and can object by filing something with the court to prevent the relocation.  If your ex-spouse files with the court, then you would need to get a court order to move.  If your spouse disagrees, then you are going to want to file a Petition to Relocate to get a court order to move.  Relocation cases, for the parent seeking the relocation, are hard to win in Arizona.  The parent seeking to relocate must show that it would be in the child's best interest to relocate.  There are several factors that are considered including some of the ones that you have mentioned.  There is a provision in the law that allows for a temporary relocation absent parent consent if it is related to employment, but the risk is that if you lose the relocation case the child must return to Arizona so many people don't like to move without the blessing of the court.    *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

Although money paid outside the Clearinghouse can be considered a "gift," if you know that the payments he made were intended to be satisfaction of his child support obligation, then you should give him credit for the payments he made. This can be done by filing an "Affidavit of Direct Payments" with the Clearinghouse so that you are acknowledging that you received the payments from him. Going forward, it is better for him to make the payments to the Clearinghouse so an accurate record can be kept, but it would not be appropriate for you to ask him to pay "again" for payments you already received, even if he made the payments directly.... Read More

My suggestion would be to ask the court to appoint either a guardian ad litem or best interest attorney for the children.  That way that person can talk to them and advocate what would be in their best interests. Also, if the children are in counseling for themselves and their issues, a letter from the counselor might help as well.  Given that they are 14 and 17, the judge should take what they have to say seriously. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

You can file a motion for Temporary Orders regarding child support.  This would be for interim child support between the time the judge enters and order and the final resolution of the matter.  You will need to ensure that in your original petition you asked for child support to be modified based on the changed parenting plan.  If this was not done, then you will need to amend your original petition to modify.  The Temporary Orders forms are available in Maricopa County on the self-service website. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

If you and your ex-husband share joint legal custody of the children, then you both are able to make decisions together regarding the medical care for your children without interference from other parties.  There is no law in Arizona that prevents step-mom/girlfriend from attending the appointments, but she must keep her mouth shut when it comes to what decisions are to be made.  The doctors should not be deferring to her judgment in anyway.  If it is an ongoing issue, I would document your objection to step-mom/girlfriend being in the room and potentially influencing the decisions that are made to the doctor's office and your ex-husband.  Email or letter would be the best. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

I'm not sure I can give you a conclusive answer based on the information you provided, but I can give you some preliminary thoughts. First, although it would be nice for his dad to respect the discipline you've put in place, he is not required to do so. Second, if your parenting plan has a "first right of refusal" (e.g. if dad isn't available during his parenting time, you have the first option to provide care for your child before any third-party is involved), then you may be able to prevent his dad from letting your son stay with a friend overnight. If your parenting plan does not specifically have a first right of refusal provision, then I'd need to know more about what the paperwork says before I can tell you whether you can keep your son or whether you have to let his dad direct where he goes during "his" time. Finally, although this doesn't sound like an issue, I just want to make sure I've clarified that even if your son is grounded, his dad would still be entitled to exercise his own time if he was available (in other words, you can't "ground" a child from the other parent, even if the other parent doesn't respect the terms of the discipline). I hope this is helpful!... Read More

If your visitation is for one week during the summer, this would mean 7 full days plus overnights (6 overnights).  There is no need to pick up and drop off your child everyday from the primary parent.   *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

If you are concerned for the child's safety and welfare, then you need to call the CPS hotline at 1-888-767-2445.  If you are not concerned with the safety of the child, but would like the custody of the child, you could attempt to file for guardianship over the child in Juvenile Court.  Father is consenting, so the only parent that you would have to "fight" is the Mother.  Since she has given custody of the baby (informally) to others, you could use that argument to show that she is not interested in being a parent whatsoever.  Depending upon the judge, a guardian ad litem (GAL) maybe appointed to investigate what is in the best interest of the child.  If indeed the GAL believes that you are more appropriate, then the judge may award you custody. The most ideal situation would be if you could get informal (no court order) custody of the child for a period of time, then you can file for custody in family court claiming that you are acting "in the shoes" of the parents (called "in loco parentis" custody).  In order to be successful in this, you will need to have the child in your care (if will make your case stronger). *The answer presented is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers provided are based solely on Arizona law and case law.*... Read More

In Arizona, in order for persons under the age of 18 to change their names, both parents must consent to the name change.  Provided that you have established your paternity (by marriage or birth certificate), then you must receive notice that their mother intends to change their names.  Once you receive that notice you can go to the hearing and object to the name change. As for you consenting to the termination of your parental rights to allow their step-father to adopt them, proceed with caution. In Arizona as long as the consent is in writing and it is signed by you in front of a notary it is very hard to revoke (take back) your consent. That being said, your ex and her new husband can ask a court to terminate your parental rights if they have a reason.  In Arizona, if you haven't maintained a normal parent-child relationship with your children for over 6 months, they can argue that you have abandoned your children and ask a court to terminate your rights.  I don't know if other states have similar laws, but since you haven't seen at least one of your children in 10 years, this is most likely the reason in Arizona that they would put forth.  You will have to be informed of any hearings that would occur if they are seeking to terminate your rights and you can fight it. If your children have been living in another state, besides Arizona, for more than 6 months than technically the state where your children reside is the most appropriate place to request a name change or the termination of your parental rights.  I can only comment on Arizona law, therefore the guidance I am providing is based on Arizona law.  *The answer provided is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed only in the State of Arizona, therefore any answer provided is solely based on Arizona law and case law.*... Read More

It depends.  If your girlfriend's attorney made a formal request for attorneys fees to the court, the attorney has preserved their right to seek the fees later.  Fees are typically awarded in two different scenarios: (1) one of the parties has engaged in unreasonable conduct which drove up the cost of litigation and (2) there is an income disparity between the parties (meaning one party makes much more in income than the other.  It doesn't matter that you verbally stated something to your girlfriend about helping with her fees.  If your girlfriend hired an attorney, it is HER responsibility to ensure the attorney is paid according to the fee agreement that SHE signed.  That being said, you may have to defend yourself against a request to the judge for a certain portion of fees.  *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answer provided is based solely on Arizona law and case law.*... Read More

You are free to move in with your father.  If there was a child support order then there was some sort of court process that was started that may or may not have included provisions for your father's visitation.  If you move in with your father he should file court paperwork so he can legally have you in his care, custody, and control or he risks losing custody of you to your mother. He will want to file to either establish custody and parenting time or a petition to modify custody and parenting time. *The answer provided is for informational purposes only and is not intended to create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona and any answers provided are solely based on Arizona law and case law.*... Read More

Once the children were in Arizona for 6 months, Arizona took over jurisdiction (power) to enter custody and visitation orders.  Your boyfriend will need to "domesticate" the Colorado orders.  He will need to obtain a certified copy of the last orders from Colorado (this can be done by calling the court there) and file them in Arizona.  Once he files the orders, he can then file a Petition to Modify custody (decision making) and parenting time (visitation) in Arizona and reference those Colorado orders. There has been a clear change of circumstances given the mother's incarceration and her status as a sex offender.  He has reasons to file for a modification here in Arizona, but must take the steps as outlined above before the Arizona court will take any action. *This answer is for information purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers provided are based solely on Arizona law and court case law.*... Read More