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Questions Answered by Stephen M Vincent
1 Answer | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

1 Answer | Asked in Adoption, Child Custody and Child Support for Arizona on
Q: If my ex agrees to terminate his parental rights, what happens to the current child support order and the arrearages?

I have a child support order in Arizona (where I currently live) which started in Oregon (where I got divorced) for my 5 children with my ex. My ex has not seen our children in 4 1/2 years and not spoken with them in 3 years (regardless of me setting up times for phone calls- he just flakes). I... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.

This comes from ARS 8-539, which reads: " An order terminating the parent-child...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Advice on custody hearing from struggling single parent

My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

I understand where you are coming from, and certainly what you want to argue makes sense. However, both arguments potentially harm your case.

Child support and child custody are separate issues. It is inappropriate to condition parenting time on child support. If child support has not been...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Landlord prorating rent

We’ve rented the house for three years. We moved out at the beginning of June and our lease went through the end of June. We let the landlord know they re-rented it and a new tenant moved in on June 18. I asked about the rent being prorated and they said they didn’t have to prorate it. What are... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

They can't double dip: If they charge you for a full month, they have to make sure the premises are available to you the entirety of that month.

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Family Law for Arizona on
Q: What do I have to do to change our parenting plan?

I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Mr. Branum's advice is well stated and I echo what he has written.

I would advise you to meet with an attorney as soon as possible to discuss your case. I would meet with an attorney prior to filing anything with the Courts.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

Presuming this is the first time anyone will have filed for custody, Arizona has jurisdiction. For Texas to have jurisdiction, your child will have to live there for six months prior to the first filing for custody.

Child support will still be ordered.

If Father agreed to your move,...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

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?

Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

You can filed a Petition to Establish Paternity and Child Support and not establish custody.

You cannot stop him from filing to establish custody if he chooses. The state that will make the custody determination is the state where the child has resided for six consecutive months most...
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1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 and just graduated high school, does Az child support end now since she graduated high school?
Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

No. Child support ends when two conditions are met (1) the child turns 18 and (2) graduates high school. Only one of those conditions are met. Therefore, child support continues until she turns 18.

1 Answer | Asked in Child Custody for Arizona on
Q: How can I obtain visitation rights or joint custody of my brother?

My brother is 14 y M. My mother and her new husband are verbally degrading him on the regular. I don't know that I have any rights as his sister. CPS has had open cases against them but they take my mother's word. She's a great liar.

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

You certainly can file a Petition for Third-Party Visitation.

You probably cannot file for custody unless you can prove that (1) your brother considers you to be like a mother to him, and (2) it would be significantly detrimental for your brother to be in the care of your mother or any...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

Yes, you can appeal, provided you have not missed the deadline to start an appeal.

But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I...
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1 Answer | Asked in Child Support for Arizona on
Q: So if someone got arrested for code 25-681 in az the amount set is not a bond but what the person owes and won' t be ref
Stephen M Vincent
Stephen M Vincent
answered on May 23, 2022

Your question cut off ...

But the amount set is not a bond; it is a purge. The Court will determine the amount of the purge, usually it's a portion of the total amount owed.

A person arrested under ARS 25-681 is being held under "civil contempt." The key with a civil...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Question regaeding affidavit of financial information for child support case.

Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 22, 2022

Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,... Read more »

1 Answer | Asked in Probate for Arizona on
Q: If someone has power of attorney over me at 21 can I move to another state with some friends without their consent?

Can I as a legal adult be forcibly removed and will my friends get in trouble?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.

Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate...
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1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

If so, where is the case law that I can use in a motion to dismiss?

In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2022

No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I have sole legal decision making and sole legal custody of my child. Can I move out of state with my child?

I have sole legal decision making and sole legal custody of my daughter. The mother only has phone contact and no parenting time. We want to move out of state to be closer to family. Am I allowed to move out of state with my daughter without the other parents permission. Mother is MIA and has a... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 21, 2022

The overall answer to your question is the most common lawyer answer of all (and also the most disappointing lawyer answer): It depends.

It depends on what your Court order says about her rights:

LEGAL DECISION-MAKING

Sole legal decision-making does not include the right to...
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1 Answer | Asked in Family Law for Arizona on
Q: My wife wants a divorce and I don't. Her family is here. We have 2 kids. Will I have to stay in AZ now?

I have the option to move back home to MA, and have the support of my very large family. I have a house to live in there, and good work We share a house here, but she has a boyfriend now so I don't want to be here.

Am I trapped in AZ now that she wants a divorce or am I allowed to... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 4, 2022

You can live wherever you want.

The issue is where the children will live. If you want to live near your children, you'll either need to stay in Arizona or get her to agree to let you take them with you to Massachusetts or get the Court to order that they move with you to...
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