Legal Question in Family Law in Arizona
My eldest son is named in an Injunction Against Harassment filed by my ex-wife against my current wife prohibiting my children from being around my current wife. My eldest son turns 18 in a couple of days and will graduate from high school in a couple of weeks. He no longer wishes to be named as a party on that order and would like to live with me and my wife. Unfortunately, this petition was filed in Justice Court separate from Family Court and thus is not being directly controlled by the Family Court judge as it should be. I have filed a Motion to Consolidate however what motion would have to be filed with the justice court by my son to have himself removed from the current standing order?
Current wife filed Motion To Consolidate with the family court case to have the current family court ruling supercede that of the justice court, which ruled in contradiction on the same evidence. Family court judge wants my kids to continue on equal parenting time however the restraining order against my current wife is preventing my children from living with me half the time. My older son wants his own decision to count when he turns 18 or graduates, whatever qualifies as emancipation.
1 Answer from Attorneys
No matter which Court hears it, it should be a simple request to modify, so long as he will show up and agree that he wants to be removed. BECAUSE YOU HAVE ALREADY FILED THE CONSOLIDATION, YOU SHOULD FILE A REQUEST TO MODIFY AT FAMILY COURT. But, it will go to a Commissioner, not your Family Court Judge
At 18, HE IS NO LONGER SUBJECT TO THE COURT ORDERS (at least as far as custody and parenting time). REALLY, nothing needs to be done, other than him advising his Mom. BUT, I CAN ASSIST IN THAT PROCESS IF YOU SO DESIRE.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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