Skip to main content
Mark Cord
Avvo
Pro

Mark Cord’s Answers

73 total


  • My husband and I are separated, I want to move out of state with our son.can I without anything filled through the court yet?

    My husband and I are separated, I want to move out of state with our son.can I without anything filled through the court yet?

    Mark’s Answer

    It's risky. If your husband objects, he may be able to require your son to be returned if he files for divorce or legal separation. Better to work it all out here in Arizona first. Also Google Arizona Revised Statutes 25-408 for further guidance in your "relocation" case.

    See question 
  • I have sole legal decision making and custody of my daughter

    NCP lives in another state and I live in Arizona. My job wants to re-locate me to another state. I sent the NCP a letter stating this. Also the NCP has no visitation currently due to new order giving me sole legal decision making. Do I need to not...

    Mark’s Answer

    You need to Google A.R.S. 25-408. It will explain the timing, process and facts you need to establish.

    See question 
  • What age is a child allowed to choose who he wants to live with in AZ?

    My son is only 6 so I know the courts will not take his feelings into account, but he no longer wants to go to his fathers house because he says that his dad just leaves him alone all of the time or makes him play with his girlfriends daughter dow...

    Mark’s Answer

    There is no set legal age for a child to chose either custody or parenting time. Generally, the opinion of the older, more mature, articulate, and un-coached child is given more weight in the judge's final decision. It is preferred that the child's wishes be determined in a clinical, not trial, setting. This can be done through a court-appointed child psychologist.

    See question 
  • If I agreed to a divorce settlement during a deposition is it binding my ex has an attorney and I do not?

    It happened very fast and I'm not happy with the settlement after thinking it over nothing was signed but the agreement was recorded by the court reporter. Can I still negotiate my settlement or is it binding?

    Mark’s Answer

    The Rule provides that an agreement is valid if it is on the record before a court reporter. It does not matter that you were unrepresented. Experience has shown that an agreement "within the 40 yard lines" of reasonable will be affirmed by the Court. You need a lawyer.

    See question 
  • Could moving my family in with my parents be used against me in my custody case?

    Due to a change in financial circumstances, my husband income has drastically decreased. I am considering moving in my husband, daughters and myself with my parents until we can get ourselves to a better financial situation. I am currently the pri...

    Mark’s Answer

    The ultimate test is whether your child's best interests are served by the new arrangement. The pro's and con's need to be weighed.

    See question 
  • If parents cant agree, will a court generally award primary custody to the parent willing to vaccinate and send kids to school?

    We are separated right now and I am seeking divorce and primary custody of my kids. I have been the one taking my son to doctor appointments and getting insurance for him. I am terrified of joint custody, because my husband does not believe in vac...

    Mark’s Answer

    The ultimate test is what is in the children's, not the parents', best interests. Vaccinations and school attendance are only 2 factors. Google A.R.S. 25-403, as amended, for a more complete list of the relevant factors.

    See question 
  • If one spouse has stock from a past job but it wasn't put in the divorce is the other spouse intitled to some of the money

    if two people were married when one spouse worked for a company. they owned I guess stock shares but this was not put in the divorce papers when they divorced and now the spouse that worked for this company just received paper work that they will ...

    Mark’s Answer

    You have a claim to one-half of the stock earned during your marriage. Google A.R.S. 25-318D

    See question 
  • Can Ex husband use sons Phone GPS to track our location during my non supervised visitations.

    My ex husband calls several times during my visitation to monitor location. I do not have court ordered supervised visitation.

    Mark’s Answer

    Great question which highlights your concern over privacy and potentially his indirect stalking of you versus a father's concern for the safety of his son. There is no absolute answer, although I would question Father's true motivation. But expect your ex-husband to argue: Why should you care if you have nothing to hide, and doesn't the GPS provide one extra layer of safety? It's a close call, however, any excessive calling during your time is not.

    See question 
  • What happens when father wants to change custody when minor child becomes 14 and is Old enough to decide which parent he wants

    to live with? If we have joint custody and me (mom) has been primary custodial parent since we separated?

    Mark’s Answer

    There is no "magic age" in Arizona when a child can decide between parents. The ultimate test is what arrangement is in the child's best interest. The older, the more mature, the more articulate a child is in stating their preference, then the more weight is given to their choice, but it is not the only factor - see ARS 25-403 for the list of other factors.

    See question 
  • Will having a positive result for hair follicle testing effect my chance of custody in court

    I petitioned with the courts for visitation and rights. I recently found out the child is not even living with the mother but the mothers ex boyfriend. She does not really have a stable living situation or income. Both of which i can provide. ...

    Mark’s Answer

    Your chances of success increase every day you continue to test negative.

    See question