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Questions Answered by Mike Branum
1 Answer | Asked in Family Law for Arizona on
Q: Jurisdiction challenge, no home state but I started the Parental Suit, now I want to challenge jurisdiction.

Weren't married, moved in together 3.5 months prior to birth. My son was born in Phoenix Az. We met, dated and he was conceived in California. At the time of his birth I was and continue to be a resident of California, mom can be argued that she had residency in AZ because of acceptance of... Read more »

Mike Branum
Mike Branum answered on Dec 2, 2020

What an enormous disaster of a jurisdictional issue. Arizona no longer has any jurisdiction over the child because neither you, the child's egg donor, nor the child live in the state. Arizona courts should and most likely would dismiss any case you filed there for lack of jurisdiction.... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

Mike Branum
Mike Branum answered on Nov 18, 2020

It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If... Read more »

3 Answers | Asked in Family Law for Arizona on
Q: My friend got put in jail for not paying child support. She hasn't gone to court yet for sentencing and the jail won't

The jail won't let me bail her out. They didn't give her a lawyer or anything. And Im trying to help her but can't afford a lawyer. The jail is telling me she needs to go to court and bail needs to be posted there, but she won't be released until the court date. I am honestly... Read more »

Mike Branum
Mike Branum answered on Nov 2, 2020

Unfortunately, until she is arraigned before the Court, there is nothing for you to do. She should have a court appearance this morning and bail will be set. Only then will there be anything more for you to do short of saying a prayer for your friend.

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1 Answer | Asked in Family Law for Arizona on
Q: My court papers say holiday time takes over regular scheduled time. What happens if its my weekend and my holiday?

My parenting time is from 4pm Friday to 5pm Sunday. Holiday is from 6pm Friday to 10 am Sunday. Do I get my child late and return him early or do I just do my normal parenting time even though the holiday falls through my weekend?

Mike Branum
Mike Branum answered on Oct 23, 2020

The BEST approach is always to resolve any dispute with your co-parent. The fact that you are on here asking this question leaves the impression that you and your child's other parent are not successfully communicating regarding custody issues. In the absence of the ability to treat each other... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How can a person be found guilty in trafficking in stolen goods when they didn't know it was stolen?

I found jewelry in trash found at curb. (I find so much on curbs and make money selling it on FB marketplace) Took it to coin shop to see if it was gold. I got $182 for it. Fast forward. I took it to trial and was found guilty by jury. Gods honest truth I did not steal it nor did I know it was... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2020

You can be CHARGED with anything. The State will still have to prove your guilt. If you were in possession of stolen goods, the prosecutor will assume you're guilty. Only the COURT offers you the presumption of innocence, the prosecutor is not so bound.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do you get your public defender changed?
Mike Branum
Mike Branum answered on Oct 13, 2020

Hire a private attorney.

2 Answers | Asked in Criminal Law for Utah on
Q: If crime took place 98% in utah 2% i Nevada, can both states prosocute same incident or who has legal juristiction ?

Charges are grand larceny and kidnapping (w out physical harm).

Mike Branum
Mike Branum answered on Oct 13, 2020

If you committed a crime in one state and it continued across a state line into another state and the act being committed was against the law in that state as well then the crime took place 100% in Nevada and 100% in Utah. Both states have jurisdiction. Both states can prosecute for the violation... Read more »

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2 Answers | Asked in Child Custody and Family Law for Utah on
Q: I have been divorced for 2 years. From before the divorce was final, ex-husband would pick up and drop off our child.

He has missed a lot of visits saying that I am refusing to let our child go (which is untrue), he just never contacts me and/or picks him up. He is now engaged and has started saying I need to meet him in the middle. When we did our divorce papers, he would not agree on a meeting provision, so it... Read more »

Mike Branum
Mike Branum answered on Oct 8, 2020

Meeting in the middle is more or less the default absent a showing of why the arrangement should be different. At least if you arrange to meet in the middle you should know in advance when he is going to exercise parent time. If he fails to show more than once or twice, you likely have a good... Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.

In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.

Could the check payable to... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2020

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

Sorry for your loss. I hope the information above helps you resolve the issue.

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: How can I recieve help with filing for contempt of a Divorce Decree.
Mike Branum
Mike Branum answered on Oct 7, 2020

If you are in Kileen, Texas, it will be very difficult for you to get personal assistance in your case unless you are hiring an attorney (I presume when you say "help" you are looking for legal assistance without cost). It is difficult to provide much more specific advice because there... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My friend is in jail with this charge CR20011581FE. Do you know what that charge is?
Mike Branum
Mike Branum answered on Oct 6, 2020

That is actually the case number, not the charge. I'm not sure though county the case is in, but I am guessing "FE" stands for "felony". If that is correct, then at least one of the charges (there could be more than one) is fairly serious.

2 Answers | Asked in Family Law for Utah on
Q: How can I take an Emergency Order for Child Pick up from UT Court and have it enforced in MN? he took kids against order

My name is Jessica. We have been in divorce process for over a year. The temp order on 9/3/19 gave us joint custody as we sought fit. He moved back to MN 11/2019 after the order was placed . He came to visit our kids a couple times then we had a status hearing due to me in fear of him taking the... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

I agree with Mr. Wood. Having recently handled a similar situation between Utah and Nevada, I can tell you that the process is complicated EVEN FOR ATTORNEYS like Mr. Wood and myself. You truly need the assistance of a qualified family law attorney SPECIFICALLY in the county in Minnesota where your... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Do we even have a leg to stand on?

My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: How do I file a motion to get court to change class b in UT from consecutive to run concurrent to parole violatoion time

My husband was on parole when he got charged with 5 charges Class A misdemeanors dropped to only 2 Class b one was criminal mischief and other from a separate case was for leaving the scene of an accident. These led to him being in prison on a parole violation. He was sentenced this week to two 6... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

First, you cannot file a motion on your husband's behalf unless you have a pre-existing power of attorney for some reason. Only your husband or someone with power of attorney for him, like a lawyer, may file a motion in his case.

Second, one cannot run sentences consecutively backwards...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah, can the police ask a minor who is a passenger to step out of the vehicle and test them for alcohol consumption?

The driver was not under the influence and was pulled over because her headlights were not on at 3 am. Accused were residences in Idaho visiting in Utah.

Mike Branum
Mike Branum answered on Sep 9, 2020

The short answer is "yes". The officer does not have to have probable cause only reasonable suspicion. Officers may ask occupants to exit the vehicle for officer safety, to investigate a suspected crime, or for just about any other reason they can explain in court. Not having your... Read more »

2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Arizona on
Q: Divorce and dogs

I am 20 years old and live with my mother. My dad is going through a terrible divorce with my ex step mom. On December 4,2018 my step mom moved out of the house, leaving both of the dogs behind. I was in love with one of the little dogs and wanted to take it in as my own To live with me at my moms... Read more »

Mike Branum
Mike Branum answered on Sep 5, 2020

You will be hard-pressed to get an attorney to say with certainty that you could never be ordered to surrender the animal, I will say, however, that it is unlikely. First, she abandoned the animal and animals are considered property. Second, your father can likely only be held responsible for the... Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Probate for South Carolina on
Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... Read more »

Mike Branum
Mike Branum answered on Aug 29, 2020

I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: In Arizona a coworker keeps talking about the drugs he does, he has 3 kids is it illegal for me to tape him? For police

He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?

Mike Branum
Mike Branum answered on Aug 25, 2020

Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has... Read more »

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