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Arizona Family Law Questions & Answers
0 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Arizona on
Q: Do I have to return my son or can I keep him due to concerns about my ex's living situation amidst our divorce without a custody agreement?

I am in the process of getting a divorce and recently obtained temporary custody of my son for a 24-hour period, as per an agreement with my ex. However, I have been served with a protective order that prohibits direct contact, allowing communication only through lawyers or by mail. I have concerns... View More

0 Answers | Asked in Divorce, Contracts, Car Accidents, Family Law and Personal Injury for Arizona on
Q: What actions can my spouse take regarding our co-owned car in Arizona after separation?

My spouse and I co-own a car which I primarily paid for, including the down payment, all subsequent payments, and maintenance. My spouse moved out 8 months ago, and we agreed that the car was mine. The title is in both our names, and the car is financed solely from my account. We have no written... View More

0 Answers | Asked in Child Custody, Civil Litigation and Family Law for Arizona on
Q: How to enforce visitation rights with shared custody amid communication issues and threats?

I share 50/50 custody of my 12-year-old son with my ex-husband, who moved to Florida from Arizona while I remain in Arizona. We have a custody order but no written visitation agreement, trusting verbal arrangements instead. Despite buying a plane ticket for my son to visit Arizona this summer, my... View More

0 Answers | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Arizona on
Q: Order of Protection granted; should I file Emergency Temporary Order?

I was granted an Order of Protection against my son's father yesterday, which also includes protections for my 10-year-old son. We've been in and out of the courts for over 10 years, and we currently have two open DCS cases against him. I filed the Order of Protection because he tried to... View More

0 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: Can I face legal issues for letting a friend's child stay at my home in Arizona?

I am wondering if I could face any legal issues for allowing my 13-year-old daughter's friend to stay at my house. Her mother won't let her back in her home, and I've tried to reach out, but my number is blocked. We've had no prior conflicts, and there are no custody issues. The... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: How do I file for Chapter 7 bankruptcy post-divorce?

I am considering filing for Chapter 7 bankruptcy due to financial difficulties following a divorce. I have not yet spoken to a bankruptcy attorney and would like guidance on how to start the process. What steps should I take?

Diane L. Drain
Diane L. Drain
answered on May 6, 2025

Please understand that bankruptcy is a very complicated process. You must educate yourself about bankruptcy before jumping into the unknown. As part of your education, watch the Bankruptcy Court videos (link below), which explain the bankruptcy players and how bankruptcy works. Important: Do not... View More

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0 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can a 14-year-old decide which parent to live with in Arizona?

I am 14 years old and my parents are currently separated. There have been court orders regarding custody, but they haven't been finalized yet. I would prefer to live with my mom for several reasons, including sharing a room with my sister who often gets drunk and high, and my dad who yells and... View More

0 Answers | Asked in Child Support and Family Law for Arizona on
Q: Which name to use on child support petition after ex-wife's name change?

I am completing a self-service court petition to terminate child support in Pima County, Arizona. My ex-wife has changed her name since our divorce from my last name back to her maiden name. The petition lists "petitioner" and "respondent" without specifying which name to use.... View More

0 Answers | Asked in Divorce, Family Law, Legal Malpractice and Civil Litigation for Arizona on
Q: Seeking legal advice on divorce injustices and lawyer misconduct. Ex-husband took assets, prevented child contact, failed medical disclosure. Lawyer overcharged in divorce. Need guidance.

I was married for 27 years and was kicked out of our home on false allegations. My ex-husband and I owned a business, where I was a VIP, and he took everything, including closing bank accounts and hiding money. In our divorce, I ended up receiving $300,000, while he got the million-dollar home,... View More

0 Answers | Asked in Constitutional Law, Criminal Law and Family Law for Arizona on
Q: Is it legal for first half-cousins once removed to be in a relationship in AZ?

I would like to know if it is legal for first half-cousins once removed to be in a relationship in Arizona, considering one person's grandparent is the other person's great-grandparent. Although they are not considering marriage, a malicious person is threatening to report them under ARS... View More

0 Answers | Asked in Family Law for Arizona on
Q: Is it legal for consenting adults to marry a first half-cousin once removed in Arizona?

Is it legal to marry a first half-cousin once removed in the state of Arizona? The people in question are both consenting adults of similar ages.

0 Answers | Asked in Child Custody, Civil Litigation and Family Law for Arizona on
Q: How can I enforce a temporary custody order and handle visit cancellations in Arizona?

I have a temporary order for custody and parenting time. The respondent and I initially agreed to switch his visitation day from Saturday to Sunday, with me providing transportation after visits, while he was ordered to handle transportation before visits. However, he now believes this change... View More

0 Answers | Asked in Real Estate Law, Family Law and Contracts for Arizona on
Q: How can I take over complete ownership of my house in Arizona and remove my partner's interest?

I have a property in Arizona with an original mortgage solely under my name. Subsequently, a second mortgage was taken out, which includes both myself and my domestic partner as co-borrowers. We have children and are currently living together, but I would like to know if there is a legal way for me... View More

0 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can my child's father get immediate custody after paternity is established?

My child's father, who has never been involved in his life for almost three years, is now seeking custody. Paternity has not been confirmed yet, and he has gone to court to serve me, though I have not been served. Would he be able to get custody immediately after establishing paternity, or... View More

0 Answers | Asked in Family Law, Business Law and Employment Law for Arizona on
Q: What happens if one spouse secretly transfers joint funds in a community property state while filing for divorce?

What happens if a couple sells their house in a community property state, deposits the proceeds into a joint bank account, and then one spouse transfers all the money into a separate account without informing the other spouse? Both spouses moved into a rental house with a one-year lease paid from... View More

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Arizona on
Q: My spouse left AZ, withholding support; what legal actions can I take?

I have been a stay-at-home mom for 2 years after getting married. My spouse has been the sole provider, but he left Arizona last year and refused to send any money to support me and my children. He returned in February but continues to withhold finances, leaving us destitute even though he has the... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

One option Is to file for divorce. You could make a claim within the divorce for spousal maintenance. You can even then file a petition for temporary orders regarding spousal maintenance which is the quickest way you can see your judge and the quickest way to get some money flowing.

In...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can one parent force public schooling if no agreement on education in custody order?

If two divorced parents have a custody arrangement where I have physical custody of our child from Monday through Friday, while the other parent has custody every other weekend, and I decide to homeschool our child, can the other parent legally force the child to stay in public school? Our custody... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

Do your orders include a Legal Decision-Making designation? Do you have Joint Legal Decision-Making OR does one parent have Sole Legal Decision-Making. If one parent has Sole Legal Decision-Making, then that parent does have the right to make this decision unless the other parent takes the matter... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Arizona on
Q: How to finalize a divorce with an absent, uncontactable spouse in Arizona?

I'm seeking guidance on finalizing a divorce from my children's father, whom we haven't seen or spoken to since October 2019. Despite filing for divorce in July 2020, the case was dismissed due to lack of service, largely because of the pandemic. He has been involved in domestic... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

You can ask the court for permission to serve him via alternative means, which Clint can include serving him by publication in local newspapers. I would need to know more to give you more specific advice. As determination, if he has not seen the children or provided any support for more than six... View More

1 Answer | Asked in Admiralty / Maritime, Divorce and Family Law for Arizona on
Q: Should a sold boat be listed in a dissolution petition as community or separate property?

If I sold a boat that may be considered my husband's separate property while residing at our marital home with court permission, despite him being granted exclusive use of the home—which was also his separate property—should I list the sold boat in the dissolution petition? My husband was... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

If you have not yet filed the petition, then I do believe that what must be listed in the petition is community property that exists at the time the petition is prepared. He of corse may want to respond with a claim that it was improper for you to sell his boat without his permission.

A...
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0 Answers | Asked in Child Custody and Family Law for Arizona on
Q: How can I restore my parental rights and regain custody in Arizona?

I signed over my parental rights for my son due to his disabilities and the lack of necessary medical care in our area. I was promised that this would allow me to regain custody of my daughter, but that never happened. I have always been capable of caring for my children. How can I start a legal... View More

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