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Questions Answered by Kai Michael Henderson
1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?

I had breast cancer last year and I am now cancer free. I was offended by the approach as she had already added the disability in my HR set up because it made the numbers look good. I never told her about the cancer, as we work in different states and only have a email, phone relationship so... Read more »

Kai Michael Henderson
Kai Michael Henderson answered on Jun 18, 2018

There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees'... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I have child support court tomorrow. Anyway my ex petitioned the child support court in 2016 i never new about it and

She didn't show up to the court hearing. I received a notice from the court that she defaulted owed the court 100 dollars. Now she is taking me back to child support court . since she defaulted do I owe any rears cause she is requesting it in the papers. What are my options

Kai Michael Henderson
Kai Michael Henderson answered on Jun 18, 2018

It is hard to tell exactly what the basis for avoiding the child support order would be under this scenario. If a person is not making as much as they used to, they should immediately petition the Court to recalculate the obligation. A judgment can, in some circumstances, be adjusted down... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Arizona on
Q: My roommate has multiple personality disorder and she was taken from the parking lot at casino arizona to scottsdale

Honor health osborn and now they say shes not there and never was there even though her husband was there with her before they removed him from the hospital.

Kai Michael Henderson
Kai Michael Henderson answered on Jun 18, 2018

This may be a HIPPA issue. A person who is involuntarily committed has privacy protections which means that individuals without Release of Information paperwork may not be able to access the records. Her husband may be better able to obtain certain directory information. HHS.gov explains that... Read more »

2 Answers | Asked in Appeals / Appellate Law for Arizona on
Q: How long in an AZ appeal with the dependency court do you have to file a reply to a reply brief of an atty general?
Kai Michael Henderson
Kai Michael Henderson answered on Jun 17, 2018

This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of... Read more »

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1 Answer | Asked in Traffic Tickets for Arizona on
Q: I know I was illegally pulled over because of racial profiling. How do I fight back?
Kai Michael Henderson
Kai Michael Henderson answered on Jun 17, 2018

Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases.

The best cases have the best evidence. If you...
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1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: If my babys father was caught with a meth pipe and weed on him and i was charged for DV is CPS going to be invovled??

he was searched an they found drugs on him but only gave him citations and decided to take me to jail for a DV. I jist want to know if CPS will be trying to get invovled over this. Him and i are not together and havent been for a long time. I have her all days of the week except weekends when i... Read more »

Kai Michael Henderson
Kai Michael Henderson answered on Jun 16, 2018

This is a difficult issue.

The removal of a child in Arizona is governed under A.R.S. Sec. 8-822 which gives the Department the onus of making rules of when a child is removed from the home. CPS may become involved at some point, but might not. If it is a misdemeanor DV charge, then...
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1 Answer | Asked in Family Law for Arizona on
Q: Family law - called into court as respondent and was not put under oath but made a false statement. What now?

We were supposed to have an evidentiary hearing and the night before I fell and injured my wrist. I was in the hospital when I called to let the court know of my situation and was asked to quickly appear telephonically. I did and we rescheduled the court date, however I made a false statement. I... Read more »

Kai Michael Henderson
Kai Michael Henderson answered on Jun 14, 2018

This is a tricky question and the facts provided do not provide enough to really flesh this out. If you are being charged with fraud or perjury, you should bring a question like this to the criminal forums.

It sounds as though you might have just been mistaken and did not mean to make the...
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2 Answers | Asked in Real Estate Law for Arizona on
Q: How do I go about selling a piece of property with a life estate attached to it?

I have a buyer who is willing to accept the life estate that the 86 year old woman who lives there has.

Kai Michael Henderson
Kai Michael Henderson answered on Jun 14, 2018

This will generally work the same as any other real estate transaction, with the exception that the sales contract and deeds will reflect the presence of a life estate. Without knowing too much concerning the details, you simply sell your "vested remainder" that it is understood you... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: If I accidentally find myself on a child erotica site. I reported the site. Is this a legal problem?

I contacted the web host to report this site and also contacted the national center for exploited children. There was no nudity or sexual acting out. The site calls itself a modeling site. The girl was 14 modeling underwear and a bathing suit. I did not perform a search term for such a site.

Kai Michael Henderson
Kai Michael Henderson answered on Jun 14, 2018

It is an interesting legal issue. We must first look to the statutes to understand what erotica is and how a person might commit the offense of sexual exploitation by possessing such erotica. A.R.S. Sec. 13-3553 Provides that "A person commits sexual exploitation of a minor by... Read more »

1 Answer | Asked in Probate for Arizona on
Q: other than death certificate what is needed to close out a bank account

my son is closest blood relative all property went to him automatically, no will

Kai Michael Henderson
Kai Michael Henderson answered on Jun 13, 2018

Unfortunately this could be a difficult process. You should ask the bank if the Decedent filed a "Transfer on Death" or "Pay on Death" designation to your son. Without this designation you may have to go through the probate process, but sometimes not.

Arizona provides...
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1 Answer | Asked in Family Law for Arizona on
Q: What do you do when you are being falsely accused of child abuse for the third time? always dismissed before.

The mom has falsely accused him to other times. Each was proven to not be true. They are divorced and she lives with us one week on one week off. The mom doesn't believe in discipline, she is one of those touchy feely it's ok didn't they hurt your feelings.... Mom has some mental... Read more »

Kai Michael Henderson
Kai Michael Henderson answered on Jun 13, 2018

This is a very delicate topic and it is unclear in what context this is arising in. A.R.S. Sec. 13-403 provides in part: "Justification; use of physical force.

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If I went over seas to see a girl under 18 but didn't have sex with her am I ok?

When we first met I was told she was 18... we are no planing on getting married as soon as she is 18

Kai Michael Henderson
Kai Michael Henderson answered on Jun 13, 2018

There is really not a good answer to this question without more information. However, it should be noted that the Courts in Arizona generally only have jurisdiction over cases that occur in Arizona. While you might be extradited to another jurisdiction if you are charged with violating their... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Wat charge is 13-901
Kai Michael Henderson
Kai Michael Henderson answered on Jun 12, 2018

Arizona Revised Statute Sec. 13-901 deals with probation. It is often placed at the end of a charging paragraph with other relevant sentencing statutes as part of the explanation of possible applicable sentencing provisions, but since that language is often copied and pasted into various Court... Read more »

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