In Arizona family courts, every party gets one “free” change of judge and one “free” change of commissioner as matter of right.  This means that you can change your judge (or commissioner) once and not have to give a reason.  An experienced family law attorney may be able to tell whether you should strike a particular judge or commissioner.   The time limit to change the judge varies, depending on circumstances, but parties must in general file their notice of change of judge within 90 days of joining the suit, 10 days after assignment of a new judge, and more than three business before a hearing.  The rules of procedure contain several exceptions.   Also, a party wishing to change…

I recently finished the report to the court on my most recent court appointed advisor assignment.  A court appointed advisor is someone whom the family court appoints to investigate the facts in a custody/legal decision making/parenting time dispute.  It usually involves allegations of abuse, neglect, drug use, domestic violence, or some combination of these factors.  The court appointed advisor is the court’s eyes and ears, who investigates the case, reports to the court, and makes a recommendation.  The court ultimately makes the decision.   The advisor has the authority to retrieve medical, school, criminal, department of child safety, or any other records. He or she interviews the parents and any other people whom the advisor deems appropriate to interview.  The…

The Arizona Supreme Court recently ruled that a father who had not established paternity or filed with the putative fathers’ registry could challenge an adoption when he acted quickly and filed a paternity action in Family Court within the notice period for John Doe fathers.   To understand this case, you must know the following facts.  Adoptions are in Juvenile Court and paternity and custody matters are in Family Court.  The putative fathers’ registry, though little known, can be very important in severance and adoption matters.  Registering with it ensures that a potential father will get notice of any case in Juvenile Court that will potentially affect his parental rights.  Failure to register with the putative fathers’ registry is a…

A mother in Minnesota who defied family court orders and hid her children from their father for two years has not only lost custody of her children to their father, but she has been convicted on criminal charges for doing so and will go to prison for eight months.   I have dealt with these extreme cases in Arizona.  Sometimes, the other parent even goes so far as to move the children to another state in an attempt to hide them and destroy their relationship with the other parent.  If this happens to you, don’t give up.  Immediate and aggressive action in Family Court will often ultimately result in you getting your children back.  Judges don’t like this sort of…