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Questions Answered by Stephen M Vincent
2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Stephen M Vincent
Stephen M Vincent answered on Oct 12, 2021

I agree with what Mr. Branum, but I add that a DNA test only provides a presumption of paternity in Arizona. If your ex-husband was married to you within 10 months of conception, then he too has a presumption of paternity. The Court must choose between the two of them who will be the legal father.... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: My wife left a month ago and has had no contact without 3 year old son. She will now show up with police to take him.

She relapsed on drugs two days after leaving. I fear for my sons safety if he is alone with her.

Stephen M Vincent
Stephen M Vincent answered on Oct 9, 2021

You have a couple options: (1) you can file an emergency with the Court to get emergency custody of your son. A petition, either for divorce or legal separation, will need to be filed at the same time, and you will probably want to file a motion at the same time for wife to submit to drug testing,... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Stephen M Vincent
Stephen M Vincent answered on Oct 9, 2021

I am sorry to hear of the death of your child and that you had $10,000 seized out of your account without warning.

Unfortunately, the debt is still owed, even if the child died, and it's 100% legal for the state to seize anything they can of yours to satisfy the debt.

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1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Child Custody for Arizona on
Q: Does a spouse (lesbian marriage) that is separated from her wife have rights to the child born out of wedlock?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No as to parental rights. Parental rights are only available to wives of bio mom if the child was born during the marriage or if the wife adopted the child.

But she may have a claim for third-party rights. That would be worth discussing with an attorney to see what options may exists there.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex and I have 50/50 custody. He told me via text that he's moving out of state. Does that count as written notice?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).

I'm going to quote A.R.S. 25-408(A)-(E) here for your information:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

One place to look is the county recorder's records and see what records exist regarding the house: https://recorder.maricopa.gov/recdocdata/

I would recommend putting the records together regarding the title of the home and speaking with a lawyer about this.

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1 Answer | Asked in Family Law for Arizona on
Q: In AZ, after you pay a full retainer to an attorney, how long do they have to make/file an Entry of Appearance ?
Stephen M Vincent
Stephen M Vincent answered on Aug 31, 2021

I don't think there is a set deadline, but customarily, most attorneys file a Notice of Appearance within a day or two of being hired.

1 Answer | Asked in Family Law for Arizona on
Q: My mom has dementia for the past year. Her husband cheated over a decade ago and is. Is trying to kick her out. She pay

My mom has dementia. She has had it for the past year. Her husband cheated over a decade ago and has been living with his mistress. Now suddenly he wants to kick my mom out even though she’s been paying the mortgage this whole time. They have never divorced but he is the only one on the mortgage.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 28, 2021

This is really a question for an attorney who handles adult guardianships or elder law. It probably needs to be answered by an attorney in Michigan.

If the property is in Michigan, and if both spouses are in MIchigan, then you'll need to speak to a Michigan-licensed attorney about...
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2 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: In az a minor 16 or older may marry someone that is no older then 3 yrs older then you would 3yrs 1 month be okay or no

I have parent consent and I would just like to know if they are 3 years and 1 month older then me would it be okay to do or is it strictly 3 years and below so I can go get my marriage license with my mom

Stephen M Vincent
Stephen M Vincent answered on Aug 25, 2021

I agree with what Mr. Branum wrote. Three years is three years. It's not three years and a day. The line was drawn at three years.

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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

Stephen M Vincent
Stephen M Vincent answered on Aug 8, 2021

You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What papers do I file to terminate a parenting plan?

My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 6, 2021

There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character

Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

I am sorry to hear that.

His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your...
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1 Answer | Asked in Family Law for Arizona on
Q: A person has been in contact with the person who the restraining order is against. They are both violating what do I do.

We are currently in a custody hearing and we have our address and a protected person on a restraining order against the protected persons father. The person who helped us get it admitted she’s been in contact with the person who the restraining order is against which is in breech of the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

That was a little difficult for me to follow, but I believe the answers here are straight forward:

1. Only the defendant (the person who ordered to stay away by the protective order) can violate the protective order.

2. If the defendant is around the protected person in violation...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to end a custody order if both parents want that? To where there is no court order in place?

We went to court Oct 2018. We reconciled in March 2019, and we’ve been together ever since. We now live together. Child support was ended 2 years ago. We just want there to be no custody order in place, as it was a stressful and hard time for the both of us. And we’re willing to ask the judge... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

Yes. You can file a Joint Petition to Terminate Parenting Plan and explain what you've explained here. That the two of you have reconciled and are living together, so there is no longer a need for a Parenting Plan.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can I get my custody case moved from Tennessee to where I have lived (Arizona) for almost a year.

My sons father filed for custody 8 months after I left because of the abusive nature he acted around and to me and my son. He said he didn't want pictures or videos or to hear anything about my son. Then he filed for full custody after almost a year. As of now I have full custody because the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 4, 2021

Possibly. It depends on whether or not Tennessee has ever issued a Parenting Plan (aka "custody order").

If Tennessee has previously issued a custody order, and if your ex remains in Tennessee, then Tennessee is the state with jurisdiction and only Tennessee will have...
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3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Stephen M Vincent
Stephen M Vincent answered on Jul 29, 2021

As long as Mom or a child remain in California, California keeps jurisdiction

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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