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Questions Answered by Mike Branum
2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...
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1 Answer | Asked in Family Law for Arizona on
Q: Do two minors automatically become adults by law, if married at court with parental consent?

I’m 17 and my girlfriend is 16, we have parental consent for getting married, we are just wondering if we legally become Adults when married, also she is pregnant.

Mike Branum
Mike Branum
answered on May 17, 2022

No, two minors who are married with parental permission are not automatically emancipated. A minor over the age of 16 can petition the courts to be emancipated, but they must show that they are capable of living independently from their parents. Your girlfriend will be able to make healthcare... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: If you commit this what are the possible punishments and what are the likely punishments for pleading guilty?

Hit traffic “expect delays” sign and did not call police

Mike Branum
Mike Branum
answered on Apr 13, 2022

You would likely be charged with failure to control your vehicle (infraction) and leaving the scene of a property damage collision (misdemeanor). You will likely face a fine and a serious increase in your cost of insurance.

2 Answers | Asked in Family Law for Arizona on
Q: How do I go about seeing my kids if they are with their mother and the mother has a order of protection against me?

She has the kids all the time and nothing through the courts yet about custody or visitation.

Mike Branum
Mike Branum
answered on Mar 31, 2022

If you cannot afford an attorney, however, DO NOT miss the deadline to oppose the protective order. Even if you agree to leave the order in place, you need to get before the judge and ask for a modification to allow you parent time. If there are allegations of violence, you may be constrained to... Read more »

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3 Answers | Asked in Family Law and Adoption for Utah on
Q: Can I adopt my sisters unborn baby?

My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... Read more »

Mike Branum
Mike Branum
answered on Feb 28, 2022

The short answer is "yes." The long answer is "you need an attorney."

Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when...
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2 Answers | Asked in Family Law for Arizona on
Q: Can I get in trouble if I allow visitation with the NCP knowing they have outstanding warrants?

They are not warrants related to children, and they are not warrants that would suggest our child is in immediate danger in their care. I was told by a family lawyer that if I send our child to visit with his father knowing he has warrants, and if he gets arrested, it could come back on me and... Read more »

Mike Branum
Mike Branum
answered on Feb 28, 2022

Mr. Vincent is SO spot on. You need to modify your agreement to reflect that he has left the state. I would suggest that your request for temporary orders limit him to supervised visitation at your residence to avoid the possibility that he could be arrested while your children are in his custody.... Read more »

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1 Answer | Asked in Family Law for Utah on
Q: Custodial weekend but non custodial holiday on Monday. Does non custodial get full weekend ?
Mike Branum
Mike Branum
answered on Feb 18, 2022

Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum
answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... Read more »

1 Answer | Asked in Tax Law, Divorce and Family Law for Utah on
Q: How should my children be claimed each year on tax forms with my ex.

I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... Read more »

Mike Branum
Mike Branum
answered on Feb 10, 2022

There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: Can a judge order the sharing of personal documents such as ssn bank account numbers eins of non married parents

I live in Arizona non married parents fighting for custody of their child is it legal for the judge to require them to share with each other their ssn bank account numbers business ein tax records and drivers license number this seems to violate privacy and security as this information can be... Read more »

Mike Branum
Mike Branum
answered on Feb 9, 2022

Yes, if you have a custody dispute you will also be determining child support. A deep dive into your financial affairs is required to determine child support where parents dispute earnings. The courts have the authority to require you to produce all relevant financial information.

2 Answers | Asked in Criminal Law for Utah on
Q: Ok I just got a reply from a question that my neighbors were telling the cops I was a crackhead

Two yrs clean now they dropped a bag of crack in front of house they live downstairs and gave it to the cops saying it was mine what do I do?

Mike Branum
Mike Branum
answered on Feb 8, 2022

I almost made Mr. Cramer's suggestion to your last post - moving should be on your short list of options. I know housing is tough right now if it is even remotely as expensive in SLC as it is down here in southern UT. That being said, being charged with a crime is expensive too.

Good...
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1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum
answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If your arrested and charged with aggravated assault with serious injury, reckless handling/discharge of a weapon, diso

Disorderly conduct-fighting and endangerment then get a plea offer charging u with aggr. Assault and assault how did they come up with the assault charge that prev wasnt a charge?

Mike Branum
Mike Branum
answered on Feb 7, 2022

The prosecutor has the ability to amend the Information to include new charges. Possibly a second victim or second incident? The defendant's defense attorney should be able to explain the charges.

2 Answers | Asked in Family Law for Arizona on
Q: Can a father be denied visitation if I have audio of him saying he does not want to be around his kids?

Father has never been involved at all. He wants to give up his rights to avoid child support. Also stated he does not want to be around his kids in a recording, has made multiple threats and has intimidated me for years. States I would be damaging my kids by forcing him to be around them.

Mike Branum
Mike Branum
answered on Feb 7, 2022

Mr. Vincent is correct. You should sit down with a family law attorney and provide all the information required to give you competent legal advice. That being said, it is usually difficult to deny all visitation absent clear evidence that visitation will place the child in jeopardy of immediate... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: My neighbors have been talking to the police about supposedly I’m doing crack

I’m clean over two yrs what can I do

Mike Branum
Mike Branum
answered on Feb 7, 2022

In addition to what Mr. Noel said:

Stay clean. Do not associate with anyone who is using or committing other crimes. Focus on living your best life. There is little you can do about what your neighbors tell the police.

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1 Answer | Asked in Family Law for Utah on
Q: My ex and I have joint custody of our son. Can I send my son out of state for a weekend without my ex's permission?
Mike Branum
Mike Branum
answered on Feb 4, 2022

I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.

Additionally, it is difficult to overcommunicate where children are concerned. Try...
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3 Answers | Asked in Estate Planning and Family Law for Utah on
Q: How do I get a court order and the letters of guardianship on my child?

My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... Read more »

Mike Branum
Mike Branum
answered on Feb 3, 2022

I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.

Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from...
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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How to know if my unmarried son is on his daughters birth certificate?

I live in Arizona and my granddaughter was born In Yavapai County and my unmarried son and the mother signed all appropriate forms before leaving the hospital to acknowledge paternity and the birth certificate application. Will he be on my granddaughter’s birth certificate?

Mike Branum
Mike Branum
answered on Feb 2, 2022

Your son SHOULD be on the birth certificate. To find out for sure, just have him request a copy of the birth certificate (you can request a copy if you want to submit a copy of HIS birth certificate). If he is on the birth certificate, they will send him a copy. If he is NOT on the birth... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: If a citizen isn't obeying traffic laws and pulls a gun and i feel threatened can i sue?

Civillian did not obey the driving laws and pulled over multiple times. He impeded traffic for about 5 minutes and did not use turn signals. The final time he pulled over and pulled a gun on me when i did not exit my vehicle and I felt threatened. I have footage of the incident.

Mike Branum
Mike Branum
answered on Jan 31, 2022

You can absolutely sue. Your most likely claim would be intentional infliction of emotional distress. You have a really, really low potential for recovery, however. This is not a case I would personally take on a contingency fee basis (meaning you do not pay your attorney to take the case, the... Read more »

1 Answer | Asked in Family Law for Utah on
Q: If my wife up and leaves with our child .What can I do .there is no custody agreement
Mike Branum
Mike Branum
answered on Jan 25, 2022

In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... Read more »

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