Legal Question in Family Law in Arizona

I recently filed an action to see my son in Arizona. I had stopped seeing him because his mother was unreasonable and would not allow me visitation per our agreement. When the hearing was held opposing counsel produced a motion with an answer and had untrue statements and prejudicial exhibits entered into the record. I was not provided a copy until the end of the hearing nor given a chance to object. I believe it was improper procedure and that I can file a motion to have the exhibits removed or the hearing reheard, but don't know what it is called or the procedure involved. I am representing myself as I do not have the funds for a lawyer. I do have some experience writing my own briefs. The judge threw out the existing agreement and required us to make a new one that severely limits my authority.


Asked on 3/26/12, 5:59 pm

3 Answers from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

I would need to know more to determnine exaclty what your post-hearing rights are. If you are trying to handle it n your own, I would refer you to Rule 83, 84 and 85 of the Arizona Rules of Family Law Procedure. Those will include all of your options.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters. We can also structure assistance to help you represent yourself if your prefer, whether by the project or by the hour.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, then I refund any unearned amounts.

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 Alicia 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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Answered on 3/28/12, 10:14 am
Carlie Owsley Walker The Owsley Law Firm, PLLC

I believe you need to file a Motion to Set Aside, but I would also need to know more about your case. I have assisted drafting such motions and been successful throwing out the order and having the judge reconsider the case. You could then take it from there. Opposing counsel should not have been permitted to submit documents you had not seen. We have two attorneys in the office who could handle your case, and we do offer flat fees for such issues.

Wish you the best in your case,

Carlie Owsley Walker

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Answered on 3/25/13, 11:19 am
Joan Bundy Joan Bundy Law

I empathize with your situation. Naturally, your best bet is to have an attorney representing you going forward, and I too offer a variety of options from hourly to flat-fee and full representation to limited scope. If you have to go it alone, realize that you will be at a severe disadvantage with the opposing party (the mother) being represented by a lawyer. Regardless, you would need to file some type of pleading, perhaps a Motion for Reconsideration, Motion for New Trial, or an Appeal to the appellate court, depending on your timeframe and whether statutes of limitations have run on your various options. If you are pro se, you will need to read up on the Arizona Rules of Family Law Procedure and, if you are considering an appeal, the Rules of Civil Appellate Procedure. Best of luck to you!

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Answered on 3/25/13, 11:41 am


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