About Lenore TsakanikasLenore Tsakanikas practices primarily in domestic relations in the Law Office of Lenore Tsakanikas,PLLC. She and her staff quickly, efficiently, and competently handle family law matters, including divorce, custody, paternity, child support, relocation, and asset protection. Ms. Tsakanikas received her degree in 1991 from the James E. College of Law (formerly University of Arizona, College of Law) and has been practicing law for the past 18 years. Ms. Tsakanikas has served on State Bar sponsored committees where she has nosted seminars regarding a variety of topics. Ms. Tsakanikas serves as a judge pro tempore for Pima County Superior Court, presiding in settlement conferences involving divorce, custody and paternity. She serves on the Board of Directors for Ballet Tucson.
- Family Law
Jurisdictions Admitted to Practice
|U OF A|
|Member, Arizona State Bar|
- Overall: 4 Answers
Q. What does a motion for pre-decee temporary order without notice for child custody
A: Under A.R.S. 25-404, a party to a custody proceeding may request temporary orders as to custody. A party may obtain a temporary order without notice if facts are alleged that show that irreparable injury will result to the moving party or child if an order is not issued and a certification is filed regarding the efforts to give notice or the reasons why notice should not be give. If the order is granted, a hearing is set within ten days and the order either expires or is extended based upon the evidence submitted at that hearing.
Q. Can a child custody case originating in michigan be suddenly changed to another jurisdiction?
A: Your questions involves intepretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a complicated statute subjection to interpretation. The simple answer is that Arizona would have jurisdiction if the child is present in Arizona and the child has been abandoned or the child is in danger of mistreatment or abuse (temporary emergency jurisdiction.) Arizona would also have jurisdiction to make a modification of custody if Arizona is the home state of the child six months prior to the commencement of the action in Arizona and either an Arizona or a Michigan court determines that Michigan no longer has jurisdiction. This is a simple answer to a complicated situation in which you need to consult with an attorney regarding the specifics of your particular case. An attorney would obtain information as to circumstances that the state asserted jurisdiction, the residence of all involved,disputed matters,where any evidence would be, etc. An attorney would advise you whether or not you should challenge a chnage of jurisdiction. Arizona's version of the UCCJEA is found in A.R.S. Section 25-1001, et seq. which, again, is a complex statute subject to interpretation, based upon specific facts. Good luck.
Q. How do i find someone to take my case? It is very time sensitive/ and an obvious situation of "good o boy town"vs ME. ?
A: It shouldn't be so difficult to find an attorney to represent you. Hourly rates for family law attorneys vary. You can contact the local bar association for a referral to a family law attorney.
Q. Modifying current custody/visitation schedule
A: In order to change the parenting schedule, you need to do it in accordance with A.R.S. Section 25-411. Under this statute, if a parent is not complying with the current order in place, you may request a modification of six months after the current order is entered other wise you need to wait a year after the current order. In order to increase your parenting time and decrease the father's parenting time, the types of evidence you would need to present would be calendar with your notes showing that the time is too much for him, any text messages between you and the Father showing that the current schedule isn't working, any school or health issues that show that the current schedule is adversely affecting the child, any medical or school records showing the same thing, etc. Whether or not his time would be decreased and yours would be increased would depend upon the evidence you present at a hearing (if granted) showing that the schedule is not working.