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Questions Answered by Mike Branum
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 »

1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter went to my brothers where I was living. Broke into my room and stole everything

She got mad cause I came into some money I got tired of her asking for money so I went and stayed at a hotel. While I was there she broke into my room and stole everything. I want to press charges. Now shes threatening me

Mike Branum
Mike Branum answered on Jul 6, 2020

You need to contact the law enforcement agency in whose jurisdiction your brother's home is located to file a report for burglary, theft, and threatening communications. You may also have to seek a protective order through the Pima County courts. Very tough situation. I wish you the best.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: child abuse multidisciplinary account fee"Does that mean there was child abuse involved

The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?

Mike Branum
Mike Branum answered on Jul 6, 2020

No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.

1 Answer | Asked in Family Law for Arizona on
Q: I’m 17 and turn 18 in 3 months with a job would I be able to move out without being forced to move back in?
Mike Branum
Mike Branum answered on Jul 6, 2020

I cannot envision how you could be forced to move back in. If you have a safe place to live and are not otherwise breaking any laws, law enforcement is unlikely to attempt to force you to return to the residence where your parent or guardian lives.

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I've court on july21 but they still haven't served him this is the second time they have tried to contact him. Whatsnext
Mike Branum
Mike Branum answered on Jul 6, 2020

You will need to show up for your court date and ask the Court for permission to perform service by publication. There are very specific rules for service by publication which must be followed (Arizona Rules of Civil Procedure 4.1(l), that's a lower case "L") and you must mail a copy... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Mike Branum
Mike Branum answered on Jul 6, 2020

I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to... Read more »

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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Will judge allow me to relocate with my child if husband is joining Army?

I have sole legal decision and sole physical custody of my daughter my ex had supervised visits every other Saturday my ex husband is 16,000$ behind in child support, has domestic violence charges but wants 50/50 custody now (after he has gone two years without seeing her) will I be able to move... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2020

Possibly, but you WILL need to petition the Court to modify your current child custody order. You will have to make a case to the Court that your move is in your child's best interests. The fact that the ex has not been availing himself of his right to parenting time and is in arrears will... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum answered on Jul 1, 2020

As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... Read more »

Mike Branum
Mike Branum answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... Read more »

2 Answers | Asked in Probate and Estate Planning for Arizona on
Q: Do you have to wait 6 months to file the small estate affidavit?
Mike Branum
Mike Branum answered on Jun 25, 2020

If there is no real property in the estate and the value of all personal property is $75,000 or less, then you may file 30 days after death.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away 2 months ago. He had no valid will. And its pretty much just me. He has very little property.

He has an old trailer I need to sell or give away.

Mike Branum
Mike Branum answered on Jun 25, 2020

If you visit https://azdot.gov/motor-vehicles/mvd-hours-and-locations you should be able to figure out how to get assistance from DMV. They are allowing some customers into the office if your transaction cannot be completed online. You may be able to use MyDMV to upload your form without having to... Read more »

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1 Answer | Asked in Divorce and Family Law for Utah on
Q: married in CA for 8 months, Legally separated now for over 10 years, need to complete divorce, both in agreement.

Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.

Mike Branum
Mike Branum answered on Jun 23, 2020

If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to https://www.utcourts.gov/howto/divorce/ and obtain everything you need to get it done.

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I find a pro bono attorney for criminal case.
Mike Branum
Mike Branum answered on Jun 15, 2020

A lot of prayer. In all seriousness, if your income qualifies you for a public defender, then the Court will assign one. If you do not qualify for a public defender, you are likely going to need a Go Fund Me account or a wealthy relative (or you are going to have to implement austerity measures in... Read more »

1 Answer | Asked in Family Law for Utah on
Q: My daughter went to live with her dad, who she barely knows, in Wyoming and now he doesn’t want her to come visit me.

My daughter wanted to go live with her dad in Wyoming so I let her and signed a paper saying she lives with me but that she was temporarily going to live with him. She wants to come visit but now he’s saying he’s afraid I won’t bring her back. I’m the one that has had custody of her entire... Read more »

Mike Branum
Mike Branum answered on Jun 4, 2020

If she wants to come home - because your residence is her home - and you have court-ordered primary custody, you are certainly within your rights to go pick her up. I would do everything possible to reassure her father that you will keep him involved in her life and try to avoid drama. Conflict... Read more »

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Hypothetical situation given in the details.

A girl experienced sexual abuse by her father as a baby. The mother of the baby found out but could not report or leave the father because she lacked evidence. With a long history of psychiatric issues the mother was afraid that her child would be taken from her and end up living with the father.... Read more »

Mike Branum
Mike Branum answered on May 26, 2020

Mandatory reporting requirements are meant to ensure the safety of the child or vulnerable adult who could be abused or neglected. According to the facts you have provided, the child no longer exists (because they are now an adult). Without a potential victim, I would argue the duty to report does... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: When our parents were married our father had 2 kids with another women during the marriage.

both my parents are now decesed there was a will and trust neither are mentioned and now those sibling are contacting us. Do we let them know they are not included in will nor named in trustor just ignore? There really is no money just a little equity in the home once it sells. It does state in... Read more »

Mike Branum
Mike Branum answered on May 15, 2020

This is not a family law question, just FYI. This should be asked in wills and probate to increase the chances of getting a better answer. The common sense answer is "don't be an a-hole, talk to your half siblings and explain things to them." The legal answer is, you should really... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the definition of a Highway in citation # 28-955B

We were pulled over for unlawful muffler cutout or by pass and the citation says it is only a violation of traveling on a highway. The street we were pulled over on was Ajo way and Dodge Blvd defiantly not a highway

Mike Branum
Mike Branum answered on May 13, 2020

"Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel.

1 Answer | Asked in Family Law for Arizona on
Q: Now 18, my parents are withholding my proof of Medical insurance, also won’t allow me the info to leave their plan.

Can they legally withhold my access to health insurance? It is not during open enrollment so I can not leave their plan or join another without a letter from their insurance company, which I have offered to handle myself. Yet , they still refuse to provide me the name of the insurance or group... Read more »

Mike Branum
Mike Branum answered on Apr 19, 2020

Check with Legal Aid and see if they can refer you to an attorney for assistance. Turning 18 should be a qualifying event to open enrollment for you. I cannot believe Medicaid will not allow you to enroll if you provide details of your situation.

3 Answers | Asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona on
Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.
Mike Branum
Mike Branum answered on Apr 2, 2020

Unless the crime committed against you meets the criteria to be considered a rape, the statute of limitations has run on your case and charges may not be filed. NY has increased the SoL on rape to 10 or 20 years but sexual assaults are still either 3 or 5 depending on whether the crime was... Read more »

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