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Questions Answered by Stephen M Vincent
1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 23, 2022

There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.

As for all other issues you raise, the two of you...
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2 Answers | Asked in Family Law for Arizona on
Q: Is there a phone number I can call to speak to someone confidentially about my children we live in Arizona?

ASAP please

Stephen M Vincent
Stephen M Vincent answered on Jan 21, 2022

Yes, you can call any family law attorney's office and speak to them confidentially about your children.

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1 Answer | Asked in Family Law for Arizona on
Q: If my mother-in-law died a week ago and the state has already stepped in to the property taken the animals what can I do

I am the last living relative to my mother-in-law who has died a week ago and I was not notified by anyone of the death I come to find that the state has already taken the animals that were on her property and with her dying with dementia she did not put me as an emergency contact the only... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

You should contact a probate attorney (not a family law attorney) as soon as possible.

1 Answer | Asked in Family Law for Arizona on
Q: My father passed away without a will How do we proceed
Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

You should contact a probate attorney, and his estate is likely to go through the probate courts. Because he died without a will, his estate will go through a process called "intestacy" to determine who his heirs are. A probate attorney (a family law attorney is not a probate attorney)... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.

If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting...
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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

I would recommend consulting with an attorney before filing anything. You want to make sure that what you have will be sufficient for full custody before you file.

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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the... Read more »

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

I certainly understand your concern. I am not exactly sure what you're asking, but I did want to clarify for you what legal decision-making means. Legal decision-making is the right to make decisions on behalf of the child when it comes to medical, education, religious, and personal care... Read more »

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

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

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

1 Answer | Asked in Family Law for Arizona on
Q: Im the permanent guardian of my brother & sister Can I legally tell their dad he cant see them if it is unsafe for them?

My brother and sisters father (we have different dads) is an alcoholic who has been arrested 5 times in the last year and just went “missing” for 8 days. He keeps asking to pick up the kids to hangout with them. Am I legally allowed to tell him no? I am the permanent guardian ordered by the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

This is probably a question for someone who practices in the juvenile courts, which I don't.

I'll try to answer it as best as I can.

If there's a Court order giving him time, you need to honor it. If there's not a Court order, then you can do what you think is best.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What weekend is it currently according to Arizona custody law?

Was awarded 2nd & 5th weekends, and uncertain how this applies to January 2022.

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

I would judge weekends as Saturdays and Sundays, and since the 1st was a Saturday, that was the first weekend of the month.

4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

You can certainly ask, but be prepared for the court hearing to go forward.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can i seek payment when the other parent wants me to watch our kid during his scheduled parenting time?

Live in Arizona. Have 50/50 split custody/parenting time. If Parent A asks Parent B to watch the child  during Parent A's scheduled parenting time because Parent A has to work, can Parent B seek payment from Parent A for watching the child as in charge for child care services?... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 9, 2022

You can certainly ask for it. Most likely, the other parent would have to agree. If the other parent does not agree, I'm not sure it's worth going to Court for.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: My ex moved 3hours away and his lawyer says I need to do half the drive for the kids. Is that accurate if he moved?

He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

You raise three different issues question, so let me address them separately:

EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...
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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: daughter wants disowned from father We are still married concerns her health as future trans patient He won't help

Any advice would be helpful. She has felt this way for years. I believe this is who she/ he is. He does not agree. He will not help her. It has taken a toll on her mentally and physically.

Stephen M Vincent
Stephen M Vincent answered on Dec 7, 2021

I agree with the above. As he wrote from the perspective of your daughter being an adult, I will write from the perspective of your daughter being a minor. It is possible she can seek emancipation. That is not really my area of expertise, and I would certainly recommend consulting with a juvenile... Read more »

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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Internet Law for Arizona on
Q: What can legally be done when it comes to stalking within the same household of the perpetrator?

I currently reside with a relative who has demonstrated that they're taking great pleasure to aggravatedly stalk, harass and electronically surveil my everyday use (PC and Mobile) without my consent to do such things. Now because of the living situation, I just want to make sure my safety is... Read more »

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

If you get a protective order, your relative will be forced to move out of the household.

1 Answer | Asked in Child Support for Arizona on
Q: If a child support worksheet comes out to only $21 a month for child support obligation, will it actually be ordered?

Or is there a minimum amount that the state would enforce? Seems like processing the $21 wouldn't even be worth it.

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

I have seen child support orders for $20/month. But the Court will more likely deviate to $0.00 since the amount is so little.

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