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Questions Answered by Stephen M Vincent
1 Answer | Asked in Civil Rights, Family Law, Adoption and Civil Litigation for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2022

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: What statue states that each parent is entitled to the other parents medical records?
Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.

Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Domestic Violence for Arizona on
Q: I have a restraining order against me . I know I will get in trouble for contacting them but will they get in trouble .

No abuse or harassment no police were involved

Stephen M Vincent
Stephen M Vincent
answered on Sep 16, 2022

No, they will not get in trouble. The only person restrained by the order is you. Therefore, you are the only person who can be arrested and charged with a crime for violating it.

2 Answers | Asked in Family Law for Arizona on
Q: Can a parent relocate without the other parents agreement?

Live in Phoenix AZ and would like to relocate to Green Bay WI to be with family with my 3 month old. Can I relocate without the fathers permission? We have never been married nor separated, are only dating and each file as single.

Stephen M Vincent
Stephen M Vincent
answered on Sep 14, 2022

There's a case on point. The facts of which almost mirror yours. Father and Mother were never married. When the child was two months old, the mother moved to Wisconsin. The Court in Arizona ordered her to return, saying she needed the father's permission. See Gutierrez v. Fox, 394 P.3d... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court in two counties at same time. I'm ready to continue with default in my case/ county. Her county has no

Proof I was served. She was served first. Should I respond to her county even tho orders were placed in my county where I and the child reside and I have temp custody.?

Stephen M Vincent
Stephen M Vincent
answered on Sep 13, 2022

I'd file a Motion to Dismiss in her county. You'll file under ARFLP Rule 29(b)(6), saying she requested relief that cannot be granted because a proceeding has already been commenced in your county, and service has occurred there.

Make sure you write that are "specially appearing."

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just obtained soul physical and so legal custody of my son however I can't locate my son or the mother

She was probably served through the courts with the last address she left on file

Stephen M Vincent
Stephen M Vincent
answered on Sep 4, 2022

Courts usually don't do the serving at least not if you got custody through the Arizona family court. That's usually your responsibility.

But the bigger issue is to find her and your son. If Internet and social media searches aren't working, then you should hire a private...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 2, 2022

You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Arizona on
Q: Is there anything I can do to stop/ change an Order of Protection which has removed me from my home & Primary residence?

I did nothing but, have been told I said something of concern. Which I don't remember. The order also includes my 2 minor children.

I have been homeless for 4 months due to this Order. I am the primary homeowner. My girlfriend and mother of our 2 kids is in the home. She is the co... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 31, 2022

I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.

If you have not done so already, you can challenge the...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: When order say, MAY practice their parenting time.... Does that mean, they can if they want to or do they have too?
Stephen M Vincent
Stephen M Vincent
answered on Aug 29, 2022

May suggests it's optional, but it does general convey who gets to make the option. Sounds likes this parent may choose to use their parenting time or not, and if they do choose to do so, the other parent should allow it.

1 Answer | Asked in Family Law for Arizona on
Q: My son was married in early 2022 in Arizona they didn’t have an ordained person scheduled to perform the ceremony.

A girl at the wedding got online and became “ordained” in a matter of minutes and performed the ceremony with no credentials in hand. He and his wife are no longer together, she left him in July but separate bedrooms occurred in April. There are no minor children involved. Is he legally married... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Aug 29, 2022

He is legally married.

1 Answer | Asked in Child Support for Arizona on
Q: I owe for 2 kids. How do I decide which child gets my child support payments
Stephen M Vincent
Stephen M Vincent
answered on Aug 11, 2022

Pay something for both.

If this Court-ordered child support, you'd better either pay the full amount or get the amount modified.

Falling behind on child support can financially ruin people. Interest accrues at 10%, you can't get rid of it in bankruptcy, there's no...
Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Can a non custodial parent be charged child support in two different states? Can a felon be granted child support?

Custodial parent and child live in Florida and last year established child support in AZ. There is no indication that the state of FL is responsible for the petition. It only has the custodial parents name on it. And it says NO TANF. Non custodial parent is paying two states currently on child... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 27, 2022

There should only be one state that issues the actual child support order. The state that issued it first has continuing, exclusive jurisdiction to modify child support under A.R.S. § 25-1225. That state hangs onto continuing, exclusive jurisdiction to modify child support until both parents and... Read more »

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: My dog killed a cat.

I was walking my dog on a leash through the neighborhood and he caught a cat the cat ran right by him and he caught him he was on the leash the whole time. what is my negligence. the owner came out and rightfully he was upset, I apologized profusely but two weeks have passed and he seems a little... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

I do think $40 and a pair of jeans is worth it just to avoid the hassle of a lawsuit and avoid the risk of possibly paying more at a Court. I'd have him sign something that it satisfies what you owe him for the death of his cat.

I will say this, though, only one of you had your animal...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.

That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: My ex stopped paying child support/benefits when our child turned 18 in 2016. She was in college 2016-2020.Does he owe?

He did not pay while she was in college. I was very ill and eventually disabled and on disability. I did not have the mental capability of addressing the issue real time. Our divorce decree indicated that he was to pay her medical, dental and child support. He canceled her benefits and did not... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

In almost all cases, a parent's obligation to pay child support ends when the child turns 18 and graduates high school. At that time, the parent also is no longer legally responsible to pay for the child's medical and dental insurance. Parents in Arizona are not required to pay for a... Read more »

Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Arizona on
Q: I am suffering bulemia nervosa after a comment from an ex. My teeth are falling out and it is expensive. Can I sue him?

This probably sounds so crazy. But his comment lead me down a spiral of self-hatred and eventually forcing myself to vomit up food to be skinnier. And now, thanks to all that acid, my teeth have holes and I suspect I need around $10,000 to repair them completely, including 4 crowns and at least 20... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I'm sorry to hear of everything you are experiencing. Regardless of what I may say about your legal case, please know that you deserved to be treated better by your ex and you should also be kind to yourself and love who you are.

I think winning a case like yours would be difficult....
Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: I am wanting to take violence case I was the victim back to court in Az. h evidence and myself not presented in tritri

I need to know if that is possible I can go in the court room and stand up for myself and the pictures of my head were not presented the first time pictures taken by police

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

We don't know enough to answer this question.

But, generally, if there was already a trial, you don't get a second one. This is especially true if it was a criminal trial.

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