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Ryan Hardy
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Ryan Hardy’s Answers

459 total


  • If ex doesn't sign, will it be difficult to relocate again after moving out of state?

    My ex and I signed a stipulation summer of 2013 allowing my relocation out of Arizona. It was signed and ordered by the judge. In specific or order allowed my relocation with our daughter to specifically Washington. Where we are now. Husband is ac...

    Ryan’s Answer

    The relocation statute does not apply to your case because you already live in a different State. Likely you would be able to relocate without filing anything with the Court, or getting his approval. It would appear that his parenting time would also remain the same if you move. The query that I would have, though, is if your proposed relocation would cause you to move out of the country (due to the "active duty" fact you described above). If that is the case, then I would recommend contacting an attorney immediately to determine the best course of action. Most firms on here, like mine, offer free consultations.

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  • If i was granted sole custody of our child can i move out of state. eve if its the same state and city that the mother resides

    I live in arizona and the mother lives in california. We have 50/50. I am more stable and can provide a healthy environment for our daughter. If I was to relocate after being granted sole custody can i relocate to the same state and city the mothe...

    Ryan’s Answer

    You should be aware that the relocation statute A.R.S. 25-408 applies to those that have joint legal decision-making or unsupervised parenting time (which she appears to have). However, it is also only applicable if both parents live in Arizona. If Mother lives outside of Arizona, and the child lives here, I do not believe the typical notice required under the statute (60 days advanced written notice by certified mail) would be required before you move.

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  • Whats a good parenting plan?

    If divorcing parents live in 2 different communities approx. 35 miles apart. What is a good parenting plan for them if 1 parent has primary residency? None of which has been settled yet. (Primary residence,custody,etc)

    Ryan’s Answer

    Under Arizona law, Court will try and "maximize" the parenting time with each parent that is in the best interest of the minor child. Your question is difficult to answer without knowing whether your child or children are in school, as that will make a difference with respect to the parenting plan. If both of you agreed that one parent will be the primary custodial parent, and the child is in school, typically I would suggest a schedule where the other parent has every other weekend, or even sometimes three weekends a month to maximize that parent's parenting time. I would further suggest that summer and break be split (at minimum) equally, but that depends on whether you both intend one parent to the primary custodian throughout the entire year.

    In truth, it is best to speak with a few attorneys to get some ideas of a parenting plan that may work for your situation. It would also be advisable to have an attorney help draft the parenting plan if one of you can afford it.

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  • Court Ordered Parenting Plan

    i have an order of protection against my ex-husband which covers my children as well. Today it was amended in Superior court to allow him contact with the kids by phone, text and a court ordered parenting plan. He says, that according to his attor...

    Ryan’s Answer

    You have indicated that the order of protection allows for him to have contact via a court ordered parenting plan and that there is currently a "protective plan" in place. Based on those two statements, I believe that, at minimum, he is allowed contact via the protected plan. Any other court ordered contact would be issued in a later hearing.

    As to whether your husband's statement regarding whether he can see the kids "is up to [you]" is a difficult question to answer. Often parents go outside of the parenting plan arrangement, so in that sense it could be up to you. But you also have to measure whether going outside the "protective plan" is in the children's best interest.

    As mentioned by the previous attorneys' posts, your best option is to have an attorney look over your current orders, analyze the known facts of the case, and give you guidance. Even if you cannot afford an attorney full-time, many attorney's offer free consultations. Further, many attorney's offer limited scope arrangements as well that could potentially fit the needs of your case while still balancing your pocketbook. Call an attorney. It will be worth your time.

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  • Filing Divorce and Bankruptcy?

    Husband and I divorcing. We have resolved all issues except our community debt. We go to a final hearing Jan. 21st I would like to know if I can file bankruptcy after divorce or before divorce is final,or whats my best option?

    Ryan’s Answer

    You can file either before or after filing. As to whether you should file before or after depends on the facts of your specific case. If you do file before, your hearing on Jan. 21st will likely have to be continued. When you file bankruptcy, an automatic stay comes into effect which would "stay" or "prevent" another Court from making a determination regarding division of property or debt until the bankruptcy has become discharged. This can only be overcome earlier via the filing of a "motion for relief of stay." Once granted or once a discharge is entered the issues of community debt and community property can be further explored in a hearing.

    In truth, it is likely prudent to seek out an attorney that has experience handling both family law and bankruptcy or who has knowledge about how the two interplay. I recommend that you speak with an Arizona attorney who can give you various different strategies that you can explore.

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  • Pension

    I filed for divorce asked for 50% of 401k and Ira. He agreed but has not responded to the filig cuz it cost money so he agrees to go default which I plan to next week then I realized I forgot pension how can I do that while I already filed for d...

    Ryan’s Answer

    There is a few things you can do here. One, you can put together a consent decree. There is a fee requested to cover his response of $269, and it doesn't really matter who pays it. Two, you can file an amended petition. Usually, you have to request to amend it by motion, but when no response has been filed, you will likely be able to just file an amended petition...you will just have to serve him again. Once amended, you can seek default. If you go for default, you will most likely want an amended petition, because the courts will usually not award you something by default that was not in your original Petition. It should be noted that if he is concerned about the cost, he can seek a fee deferral as well, where he can pay the response fee over time.

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  • Court ordered visitation 3 days a week and she refuses to abide by order. And I am up to date on my child support. What can I do

    We have had to go yo court for everything. She refuses to follow court orders. She was to be evaluated & never did it even with s court order. Judge never forced her to follow through.. Same with get parents

    Ryan’s Answer

    It sounds as though you will need to file a Petition to Enforce and request Contempt for her not abiding by the Decree. You may also be able to file a Petition to Modify Parenting time if she is violating the parenting time orders. Under the statute, you can file a modification within 6 months of them being entered if she is violating court orders. You can file a Petition to Enforce or Contempt sooner than the six month timeframe, however.

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  • Which state do I need to file the divorce in?

    I have moved to Minnesota about 2 months ago and we got married in Phoenix court about 4 months back. Do I need to come to AZ to file the divorce or should I do this in MN?

    Ryan’s Answer

    This would largely depend on Minnesota's rules for filing divorce and whether they could assert jurisdiction. Because you lived in Arizona 90 days ago, you could still file here, however.

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  • My daughter isnt allowed around my fiance

    My fiance and I have been together since my daughter was 8 months old, she is now 6. Her father and I have joint custody but part of the custody agreement is that she isnt allowed around my other two childrens father, whom I live with and am engag...

    Ryan’s Answer

    You would need to file a Petition to Modify Parenting Time requesting a removal of the provision. Under A.R.S. 25-411, you typically have to wait 1 year before you can attempt to modify any custody agreement. Under certain circumstances you can file a modification sooner, but I would imagine that due to the issue being domestic violence you should likely wait at least a year. You typically have to show a significant and continuing change of circumstance to merit such a change. I believe that there are two things that could happen to bolster your case down the road. First, I agree that a sufficient time must pass where no domestic violence has occurred (depending on how severe the domestic violence was may determine how long I would advise to wait). Second, he should likely take some sort of domestic violence and/or anger management class. Third, if you are married to him at the time you file, then this is another change that has occurred that could be considered.

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  • My husband walked out on his family this year.

    My husband told me over the phone that he had taken some of his things and he was moving out leaving me and my two kids. I asked him to come by and talk to me and his kids in person so that he could give us reasons, so that we could work it out. ...

    Ryan’s Answer

    Your first step should be to talk to an attorney to discuss all of your options. If you do file for divorce, you can file a Motion for Exclusive Use of the marital residence as part of a Motion for Temporary Orders. This could enable you to gain exclusive use of the house.

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