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Questions Answered by Mike Branum
1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

with me. there is a CS order from Utah for 1100. month for both children. and recent modifications say her part 331. and mine the 1100 they say I have to pay 12 months out of year. there is no decrease because one resided with me and she does not have to pay unless they are both with me. this makes... Read more »

Mike Branum
Mike Branum answered on Aug 4, 2020

You will need to file a request / petition / motion (depending on the jurisdiction, it can be called different things) to modify the child support in the court where the child support order was issued UNLESS that court is in a state where neither you, your ex, nor the children still reside. If the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone was GOING TO mail me drugs, but got arrested en route to the post office, what is going to happen to me?

Someone in TX was sending 6 different people packages containing drugs. They were pulled over and arrested on the way to the post office. What do the recipients of those packages need to watch out for? Can they be arrested? Is it likely? The sender was arrested for trafficking.

Mike Branum
Mike Branum answered on Aug 3, 2020

It is unlikely you could be arrested at this point but you could certainly be placed under observation and/or questioned regarding the package which was addressed to you. Absent evidence of communication between the two of you regarding your agreement to receive the package, they do not have much... Read more »

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... Read more »

Mike Branum
Mike Branum answered on Aug 2, 2020

This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum answered on Aug 2, 2020

These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... Read more »

1 Answer | Asked in Banking and Elder Law for Utah on
Q: If my daughter has a joint account with her grandfather can she help herself to his money when ever she pleases.

He sold his home, she had the money put into an old account with both their names (left over from car loan) now she has taken a ton of money and he has no clue. This man has nothing but what was from the house. She thinks it's not illegal. Isn't it theft by deception? What can I do to... Read more »

Mike Branum
Mike Branum answered on Jul 30, 2020

She could be at risk of being charged with exploitation of a vulnerable adult. If you have any influence with your father, he needs to remove his money from the account and put it in an account only he or trusted persons have control over. He can always designate someone to have control of the... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Do I need to give my Ex my out of state travel itinerary?

I am taking my son out of state for one of the weeks of summer vacation. My Ex says that I need to give her my travel itinerary for this time and make him available for phone calls even though some of this is camping and cell reception may not be available. Do I need to give her all of this... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2020

Providing an itinerary for travel is usually a part of the custody agreement. Even if it was left out, it is a really good idea and it doesn't cost you anything. If the travel dates are flexible, say so and keep the non-custodial parent updated. Make the child(ren) available by cell phone when... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... Read more »

Mike Branum
Mike Branum answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If I have a 50/50 court order nochild support (each parent pays for the 3 1/2 days we both have the child) will I have

To Pay child support once I get married? (Me and the mother were never married)

Mike Branum
Mike Branum answered on Jul 22, 2020

You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I have an extensive criminal record that is over 15 years old, d, three prison terms, Can i get them expunged
Mike Branum
Mike Branum answered on Jul 22, 2020

You can also review this website: https://www.utcourts.gov/howto/expunge/. It provides a lot of useful information about what can and cannot be expunged. As I am sure Mr. Cramer would agree, expungements can be a serious pain in the posterior. If you believe, after reviewing the information on the... Read more »

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arizona on
Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case

She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?

Mike Branum
Mike Branum answered on Jul 20, 2020

If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.

Your...
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2 Answers | Asked in Criminal Law for Arizona on
Q: Can I use a bow for hunting since my felony conviction was set aside?

Felony was in arizona, conviction set aside 7 years ago. Waiting 3 more years for firearms rights to be restored. All other civil rights were restored.

Mike Branum
Mike Branum answered on Jul 20, 2020

A bow is not a firearm. To the best of my knowledge, there is no prohibited possessor statute under Arizona or federal law which applies to bows. You should not be in violation of any law by bowhunting with a felony on your criminal record.

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1 Answer | Asked in Family Law for Arizona on
Q: my sons mother hasnt seen him in 4 years what would i need to get full custody? theres a joint custody already on file
Mike Branum
Mike Branum answered on Jul 20, 2020

You would need to file for a modification of child custody, child support, and parenting time in the court where the joint custody order was issued. Explain that you have had sole responsibility for the past four years and the mother has not made any attempts to exercise any parenting time. You... Read more »

1 Answer | Asked in Contracts and Family Law for Arizona on
Q: Ex husband but back together bin rehab for pool accident can he change me to his power of Atty from his daughter

Change PowerPoint Atty while in rehab for PT and speech therapy

Mike Branum
Mike Branum answered on Jul 16, 2020

As long as he is competent to make that decision, he can change his power of attorney to whomever he pleases.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am looking for some legal advice for a family member he is currently facing criminal charges he is not being treated

He has Been going threw a split with his wife as of last year she had been having an affair with a police officer she has made many attempts to cause many problems for him. The officer also has arrested him and stole personal property during intake his wedding band He did not include this ring on... Read more »

Mike Branum
Mike Branum answered on Jul 16, 2020

Unfortunately, many courts have basically suspended the Constitution during the panic raging over coronavirus. I agree with Ms. Cleveland that, if he does not qualify for a public defender, he needs to obtain private counsel immediately.

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1 Answer | Asked in Criminal Law for Arizona on
Q: It’s come to my attention that my ex wife solicited my daughter to record mine and my wife’s conversation in the car.

Revised details. Family court date set for Friday 17th. She submitted to evidence a snap shot of a text between her and me daughter stating “try to record him”, (my wife and I conversation). If I recall at that moment we were in the car driving home. I very lightly talking to my wife about my... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2020

You would need to file a report with the law enforcement agency in whose jurisdiction the alleged crime allegedly occurred. For the "solicitation" that would be wherever the conversation took place. If the recording was actually made, you would need to contact the agency within whose... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I lied to police and someone in jail and facing charges i need to tell them the truth but scared i might go to jail
Mike Branum
Mike Branum answered on Jul 14, 2020

The longer you wait, the worse any potential consequences may be. It would be better to have an attorney communicate with law enforcement for you but, if that is not an option, you may want to notify them that your previous statements may have been incorrect. You do not have to outright say you... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: .my parental rights just got terminated and now they're moving to the adoption process what can I do for my case
Mike Branum
Mike Branum answered on Jul 12, 2020

Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Utah on
Q: My ex husband is taking my daughters to Florida next week. With Covid cases spiking there, is there any way to stop him?

My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?

Mike Branum
Mike Branum answered on Jul 10, 2020

No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.

Side note: there have been virtually zero deaths in patients under 21. Unless your family in...
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1 Answer | Asked in Family Law for Arizona on
Q: Me and my sons mother have 50/50 joint custody. She hasnt seen him in 4 years what can i do and what is the process to

file for full custody?

Mike Branum
Mike Branum answered on Jul 7, 2020

You will need to file a petition (or motion, depending on which state the current custody agreement was issued in) in the jurisdiction where the custody agreement was filed. You will have the opportunity to explain that she has not seen her child in four years and that you should have sole custody.... Read more »

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