Judith A Morse's Answers

What is my best option for a step parent adoption with a biodad who is wants me to sign off on arrears in exchange for a consent

Generally speaking, the law prohibits parents from selling their children. In other words, the Court may not allow you to discharge the $17,000.00 child support arrears in exchange for a consent to adopt. That being said, I have seen such arrangements made where in two separate actions, the parents stipulate that the $17,000.00 is waived, and the step-parent adoption is granted. If you pursue a termination of father's parental rights, you will need to establish that he has abandoned your...

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I filed for my divorce today.

You may consider filing an "Amended" Petition for Dissolution with the new date. You will need to refile the petition, but you will not need to pay another filing fee. And if he has already been served with the first petition, you only need to mail him the Amended Petition. You do not need court approval to file this amended petition as long as he has not filed a reponse to your initial petition.

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How can i subpoena my ex boyfriends employer for for paystub records in the state of arizona what form do i use

You may consider asking him for his 2009 and 2010 tax returns and W-2 forms. This will give a history of his total income. He is required by the Arizona Rules of Family Law Procedure to provide all income information to you and the Court, including past tax returns and paystubs. Generally, bonus information is included in the Year to Date Information of the paystub. If he continues to refuse to disclose this information, you can ask the Court to compel him to provide the documents. You can...

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How do i get guardianships of a minor child

In order to become the guardian of a minor you will need to file a Petition for Guardianship in Juvenile Court. You will need the consent of both parents. If you do not have consent from the father, you will need to serve him with a copy of your Petition. If you cannot find him after a diligent search you will need to publish your Petition in a local newspaper in order to serve him by publication. Some forms for family law matters are available on line. If you live in Maricopa County, you...

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Can my soon to be ex relocate out of state with our child before we are divorced?

When a petition for dissolution is filed the Arizona courts issue a Preliminary Injunction that prohibits either parent from removing a child from the State of Arizona without written permission of both parents or a court order. This Preliminary Injunction remains in effect until the Court grants the divorce. If the parents cannot agree on whether a child of the marriage should move out of state, the court will make the decision. The court is required to consider the best interests of the...

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All divorces a "50-50" split no matter what?

Arizona is a community property state, which means that all property acquired during the marriage, other than that acquired by gift or inheritance, is probably community property which needs to be distributed by the parties or the court during the divorce process. Arizona law requires that all of the property be equitably divided. This means that is should be divided as equally as possible. If the parties cannot agree on how to divide their property, the court will do so. If a wife wants...

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Can a mother give grandmother guardianship if the father is involved ?

Generally, a guardianship will only be granted if both legal parents consent in writing to the appointment of the guardian. Therefore, if your brother objects to the grandmother being the guardian, the Court will not appoint the guardian. However, that does not guarantee that your brother will be awarded custody. While he is the biological parent and will be given preference, the Court can also consider the best interests of the children. And if it would be "significantly detrimental" for...

How do you quash an OP in Arizona?

You should ask for a hearing on the OP. At the hearing you will be able to offer evidence as to why you believe the OP should be quashed. You can also ask for it to be modified such that you can still see your child. In the paternity action, you can ask for a hearing so that the court can enter temporary orders. Temporary Orders hearing are generally set quicker than other hearings. There are forms on the Maricopa County Superior Court Website at the Self Service Center which you can use...

I am going for divorce married just for three months i am in Phoenix,AZ what i will do abt community property?

You have raised a lot of good questions. However, the answers to your questions require a detailed and indepth understanding of all of the facts. There is more to your story that needs to be known and understood before an attorney could properly advise you. I suggest you schedule a consultation with an attorney to learn what your legal rights are and to get advise on how to proceed. You may or may not need to retain an attorney to represent you, but you should at least have a one hour...

In the state of Arizona can a person try to reclaim property after a divorce has been final and how long after divorce final

Generally speaking, a divorce decree and the property division set forth in it is final and cannot be changed after the Court signs and files the Decree. There are a few exceptions, such as fraud, misrepresentation, or deception. The requirements for setting aside a decree are very strict. You should consult with an attorney to see if the circumstances of your situation may qualify. The information you have provided in your question is not sufficient for a determination to be made.