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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> AZ
Feb 06
2010

Ask a Divorce Lawyer: What is the court’s general feeling about splitting children up?

Posted by Matt Allen in move out of state , Modification , MO , Jennifer Paine , Cordell Cordell, PC , Child Support , AZ , Ask A Lawyer

Question: My 14-year-old son wants to move from Missouri to Arizona where I now live. His mother, my ex, agrees that it would be best since the two of them do not get along. 

However, I also have a 7-year-old son with my ex who wants to stay with his mom. 

What is the court’s general feeling about splitting the two kids up? If I am only to take the one son for now how will that affect my child support? My ex seems to believe I will still have to pay her for both of my children even if one of them is living with me.

 

Dec 07
2009

Ask a Lawyer: Time of responces allowed

Posted by Dads Divorce in Rules , Procedures , AZ , Ask A Lawyer

Question:

If my wife responds after the 20 days, do I still have the right to file for a default? If I file for a default does that mean I am entitled to everything that was listed on the initial filings?

Answer:

I am not licensed in Arizona. The answer to your question depends on whether a responsive pleading is required in Arizona. Not all states require that the party respond to a divorce filing. Contact an attorney in your state to determine if the responsive pleading is required.
Oct 16
2008

Ask A Lawyer: Immigration & Mental Illness

Posted by Rick Ortiz in mental , AZ , Ask A Lawyer

State:Arizona
Question:My wife is an undiagnosed Borderline or Bipolar. She is extremely abusive towards me, and sometimes also rampages at our 1 year old daughter. At this moment she is in the country illegally, but her citizenship papers are in the works. If we divorce, or if in one of her abusive episodes, I call the police.. can she leave out of country with my child, or would I get custody of the child? My child is a citizen.
Oct 05
2007

Ask a Lawyer: Can Grandparent visitation change prior parent's visitation schedule?

Posted by Dads Divorce in Visitation , Visitation , vacation , Parenting , grandparent , GAL , custody , AZ , Ask A Lawyer , agreement

Question:

My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time?

Answer:

I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
Oct 05
2007

Ask a Lawyer: Does she have to refinance?

Posted by Dads Divorce in refinance , Maintenance , loan , hold harmless , debt , Child Support , car , AZ , automobile , asset , Ask A Lawyer

Question:

My divorce 3 months ago ended in disaster for me. Go figure. Anyway, she was awarded her car in the end. The decree states she is "responsible for the debt of the car and will hold me free from all payments and debt in connection therefrom." If my name is still on the car note, am I not still responsible for the debt? Doesn't she have to remove my name from the loan?

Answer:

I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally the family court cannot force someone to refinance a loan (mortgage, car, credit card ect). The parties can agree to refinance or sell in a settlement and the court will sign off on the agreement. I do not see the refinancing of automobiles very often. It is usually the marital residence that is a concern. She is required to hold you harmless from the debt on the loan. If she fails to make payment you can sue her for the payments that you make and any harm to your credit rating. Often you will get attorney fees in this situation.
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