My son went to visit my mom out of state. She and I have a signed agreement that he is to return tomorrow. She is cut off all communication with my son and is refusing to bring him back. She has no type of custody of him.
The crime in question is called custodial interference. If the deadline for the return of your son passes without him being returned to you, I would contact your local law enforcement agency. There are potential claims in a civil action as well. You would need to contact an attorney to discuss the...Read more »
The short answer is yes. If the statute of limitations (the time frame in which the prosecutor must charge a defendant for a crime after commission of the crime) has not "expired" (the technical legal term is "run"), the prosecutor may charge a second defendant for the same crime. This often occurs...Read more »
Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but after...Read more »
He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.
If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites...Read more »
I'm writing a screenplay based on true events, and one of the crimes the main character commits is disinterring a body without a permit. He's not a family member. He's using the organs of the corpse to replace the ones in the body of a woman he murdered. So my full question is this: If a person... Read more »
A. A person shall not intentionally disturb human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state,...Read more »
They eliminated suspended license as justification for impounding a vehicle but a REVOKED license will still get the vehicle impounded. Since no license is equivalent to revoked, law enforcement will likely impound the vehicle. The registered owner can petition for an early release of the vehicle...Read more »
The short answer is "yes." Most courts will expect you to have completed all the requirements of your sentencing before considering a set aside but even that is not a hard and fast rule. I would imagine your chances of success would be higher if you HAVE successfully completed any jail time,...Read more »
I would refer you to http://clsaz.org/family.html. On Community Legal Services' website there is self-help information and other links to guide you in the right direction. A divorce decree and parenting plan with everything outlined would be the best solution but may not be a valid option for you....Read more »
Since I cannot imagine you were placed on IPS for a misdemeanor charge, I will assume the conviction which landed you on probation was a felony. Previous felonies are one of the factors that a sentencing judge may consider when determining whether or not to hand down an aggravated sentence. Your...Read more »
My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »
This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any...Read more »
"Further, if a parent due to unforeseen circumstances, cannot exercise parting time with the minor child although that parent shall not be entitled to replacement time, such failure shall not be deemed a waiver of any provision of this parenting time plan." - my sons dad is in a drug rehab facility... Read more »
Your question is a little confusing because you mention the child's dad "demanding" but then later ask if you are "entitled." From what I can gather from your question, the child's dad cannot demand that you take the child to his parents' home. Unless the grandparents were assigned custodial...Read more »
I did call the police and showed the 2 officers that responded. They went to talk to the neighbor and then came back and told me to file a injunction against harrassment. They did not do anything to the neighbor that urinated outside. The front yard of the neighbor is open to a public road. They... Read more »
Can you videotape your neighbor in his front yard? Yes. The important question here is: would your neighbor have a reasonable expectation of privacy in whatever location you are filming him in? If the answer is no, as it appears to be here, then you may capture video without breaking Arizona...Read more »
While the law enforcement behavior may constitute entrapment, the more important question is: does pursuing the entrapment defense provide you the best outcome for your case? There are a number of factors that go into assisting you in making that determination including, but not limited to: your...Read more »
The original case was final in March this year but there are serious things happening with father that need to be address and have child safe. I filed for emergency orders and the judge set a trial for June 4 this year. I need help getting the documents together, serving my ex with the papers... Read more »
Please visit clsaz.org. Community Legal Services has closed their Mesa office but the Phoenix office serves all of Maricopa County. The office is located at 305 S. 2nd Avenue (85003). Their phone number is 602-258-3434 or you can email them at email@example.com.
Your question is in criminal law but there is no plaintiff in criminal law. Without any further information, it seems there would definitely be a conflict if a city attorney were representing a civil plaintiff against a city employee but that conflict could likely be waived by the plaintiff. I...Read more »
Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »
Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if...Read more »
Yes. If the state identifies three separate victims or three separate instances, they will file a charge for each. If found guilty of multiple counts, the judge can run the sentences at the same time or one after another.
No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for...Read more »
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