Arizona Family Legal Questions

If you want to drop the Petition to Modify, you will need to motion the Court to do so.  You can file a Motion to Dismiss the Petition to Modify on [the date that it was filed] and use the reasons you stated in your question in the motion.  Most likely the judge will grant the motion.  Remember to send a copy of the motion to the opposing party and place a copy in the judge's in box so s/he can rule on the motion.  I would not write a letter to the Court because these can sometimes get lost or not be accepted by the clerk's office.  A motion is better. *This answer 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 state law and court case law.*... Read More

If your divorce was in California, you need to assert your rights to payment in California.    *This answers 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 presented are based solely on Arizona law or court case law.*... Read More

There are no Arizona laws that prohibit minors from testifying in court about what they have witnessed.  The witnesses credibility (their truthfulness) will be judged by the finder of fact (either the judge hearing the case or a jury).  *The answers are for informational purposes only and do 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 law in the State of Arizona.  Any answers are based solely on Arizona law and case law.*... Read More

Your daughter can sign a Power of Attorney to your sister and brother-in-law living in Colorado.  General powers of attorney are only good for 6 months in Arizona, but I cannot comment on how long they are valid in Colorado.  The Power of Attorney should give your sister and brother-in-law enough time to obtain guardianship in Colorado over the child or proceed with another custody situation (adoption or in loco parentis custody). *The answer presented is for informational purposes 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 only to practice law in the State of Arizona.  Any answers given are based on Arizona state law and case law.*... Read More

This question may be more complicated than what can be answered here, so I recommend that you speak with an attorney to discuss this matter in more detail. Generally speaking, the court must enter orders that are in the best interests of the child; however, the courts also prefer to defer to the parents in making decisions about who can have contact with their child. It helps that you and the other parent are in an intact relationship and that you both agree it is best for his parents not to have contact with your child.... Read More

First, Arizona does not recognize common law marriages.  For a marriage to be valid in Arizona, all of the following must occur:   25-111. Requirement of license and solemnization; covenant marriages A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title. 2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized. 3. The marriage is solemnized before the expiration of the marriage license. C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902. Now if you moved from another state to Arizona where common law marriages were recognized, then your union maybe recognized, but it is not 100% guaranteed (and given the back lash with Arizona politicians over same-sex marriages not being recognized from other states, it is a long shot at best). You are free to marry at anytime, but you may not have to marry.  Being his beneficiary should be enough to get his retirement upon his death.  Your "spouse" should be able to appoint anyone he wants to be the beneficiary of his retirement. You would want to get married if you were concerned that you would not be entitled to some of your "spouse's" retirement benefits if you were to break up.  However, you would only be entitled to half of what benefits he accrued on his retirement from the date of your marriage.  Given that he is ready to retire, it would be little to no benefit to get married for this purpose. *The answer presented is merely informational in nature 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 law only in the State of Arizona, therefore the answer provided is only based on Arizona law and case law.*... Read More

Arizona Rules of Family Law Procedure (Rule 61) require you to give complete and honest answers to whatever they opposing party is asking provided that it fits your particular case.  Whereas you may consider your past criminal and drug history irrelevant, the judge, in determining child custody, can consider a parent's past in making decisions.  As for how far you have to go back, any criminal charges you obtained (if any) as a minor are sealed and therefore do not have to be disclosed.  As for protecting your privacy, your criminal history is public record, therefore your ex can find out through other avenues.  The worst thing that you can do is lie when answering the discovery requests.  This is frowned upon by most judges in Arizona.  Drug history consists of any illegal substances that you have ingested in the past.  Therefore if you started using drugs at 16, that should be disclosed, regardless of age.  You may also want to point out how long you have been clean from drugs or if you successfully completed drug treatment.  This will help the judge in deciding custody as well. *The answer provided is merely informational 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 only in the State of Arizona.  Her comments provided here are based on Arizona law or case law ONLY.*... Read More

If a child is born out of wedlock and the parents later marry, the father does not have to adopt the child. If the father's name is not on the birth certificate, the parties may want to consider obtaining an order for voluntary paternity. If the father's name is already on the birth certificate, no further action is necessary.... Read More

Depending on certain factors (e.g. how long ago the current orders were entered, whether your current orders require mediation before taking additional action, etc.), you may want to consider whether modifying the current orders would be in your children's best interests. It may also be appropriate to ask the court to appoint a Parenting Coordinator, who is an attorney or mental health professional who can act as a "referee" for parental disputes, and make recommendations to the court in the event of a continued disagreement between the parents. Above all, I recommend you speak with an attorney who can properly advise you of your options and help you to choose your best course of action.   ** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **... Read More

In order to modify the custody/parenting time arrangements, you will need to show the court that it is in your daughter's best interests based on the factors set forth in ARS 25-403. I recommend you review the statute and at the very least consult with an attorney who can assist you in analyzing how the factors affect your situation. ** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **... Read More

Divorce is only "needed" if you would like to remarry.  Your Canadian separation should be recognized by the Arizona courts provided that the other party was given adequate notice in 1995 and Canada has jurisdiction (power) to legally separate the parties. For more information go to: http://travel.state.gov/law/family_issues/divorce/divorce_592.html *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 only licensed to practice in the State of Arizona.*... Read More

Most parties' custody paperwork (final orders) will address this issue.  Look there first to see if you must disclose your address. In the event your custody orders do not address the issue, while the Arizona State law is silent on the issue of disclosure of information between parties that share custody of children, what it does address is the protection of a parties information if it would endanger the "health, safety or liberty of the party or child."  ARS 25-1252.  Based on this, you may have to disclose, if you cannot show this, then you should disclose your address. Finally, think about if the shoe was on the other foot.  Would you want to know where your ex is taking your child (the location) during his parenting time?  It is always good for the parent who is not exercising their parenting time to know where their child is residing.  *This answer is for informational purposes only and does not create an attorney-client relationship between the person presenting the question and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice law only in the State of Arizona.*... Read More

Stopping your child support is fairly easy.  You can go to the court and do it yourself.  You need to file a Motion to Stop the Order of Assignment.  There is a nominal filing fee involved in the filing and prices vary depending upon the county that you live in. There is really no need for you to hire an attorney.  A paralegal or document preparing service is all that you need, if you don't want to complete the paperwork at the court house on your own. *This answer is for informational purposes only and does not create an attorney-client relationship between Laura B. Monte, Esq. or Donaldson Stewart, P.C.  Laura B. Monte, Esq. is licensed to practice law only in the State of Arizona and can only answer questions as they relate to Arizona law.*... Read More

You should use the 2011 support standards.  The state legislature adjusted the numbers to keep up with inflation. The link to the calculator can be found at: WWW.AZCOURTS.GOV/FAMILYLAW/2011CHILDSUPPORTCALCULATOR.ASPX You will need both parties gross hourly, monthly, or yearly income.  Any costs for health insurance, day care expenses, or extra ordinary expenses.  As well as the non-custodial parents parenting time.  Other factors are: if you or the opposing party have any other children and if either party is receiving spousal support.   *This answer is for information only and does not constitute the establishment of an attorney-client relationship between Laura B. Monte, Esq. or Donaldson Stewart, P.C.  Laura B. Monte, Esq. is licensed to practice law only in the State of Arizona.*... Read More

If Wife has not filed in any other state, Husband can file for divorce in AZ in December 2011.  There are two different issues with jurisdiction when there is a divorce involving children.  First, you have to be a resident of Arizona for 90 before you can file for a divorce, with or without children.  This confers the court's jurisdiction ("power") over the parties to split up community property and debts.  Second, in order for Arizona to have jurisdiction ("power") to determine legal and physical custody, the children must be residing in Arizona for last six months of the proceeding twelve months.  Even though the children were in CA from February 2011 until July 2011, this was not enough time (six months), to give CA power over the children.  The combination of pre-February 2011 and after July 2011, gives AZ the jurisdiction over the children to make custody determinations.  If Wife has filed for custody in another state, this may take away jurisdiction from AZ to make decisions. Provided that no other court has made a child custody decision, AZ can make it and it can all be completed in one filing a Petition for Dissolution.   *This answer is merely advisory in nature.  It does not confer an attorney-client relationship between Laura B. Monte, Esq. or Donaldson Stewart, P.C. and the question presenter.* *Laura B. Monte, Esq. is NOT a certified specialist in the area of Family Law and is only licensed to practice law in the State of Arizona*... Read More

Generally step-parent adoptions are fairly simply matters. Yours or your husband's is complicated by the international aspect. Consult an adoption attorney. Also make sure the mother is committed to this process. More than likely all proceedings will take place in Germany where the child resides.... Read More