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Questions Answered by Stephen M Vincent
2 Answers | Asked in Animal / Dog Law for Arizona on
Q: Can my manager kick out my grandma for my dog?

So my grandmother was told that my dog had to be off the premises and not allowed and told her she can kick her out because my dog accidentally ran out and was barking (not biting,) my neighbor and told me i had 24 hrs to get rid of him or she will kick out grandma. That also she had multiple... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

I'm landlord-tenant attorney, so I don't know too much about the situation. It's not relevant really whether you live there or not; if the dog's presence is violating the terms of her lease, it could be grounds for eviction. But they can't evict someone in 24 hours--it's a much longer process.

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1 Answer | Asked in Libel & Slander for Arizona on
Q: If someone is threating to make phone calls to your job accusing you falsely what should you do?

My friend's mother (we are all adults) is threating to call my job and make false complaints.

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

You could seek an Injunction against Harassment against her, i.e., a restraining order that orders her to not call your employer. You could also send her a cease-and-desist letter.

1 Answer | Asked in Child Custody for Arizona on
Q: Can one parent record phone calls between child and another parent with the other parents consent?

The child is 5, tries to record phone call on phone. Each time I’ve answered I hear an alert saying phone call is being recorded.

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

Presuming all parties are in Arizona, then yes. Arizona is a one-party recording state, i.e., only one person involved in the conversation needs to know a recording is being made. You could, however, request the Court order the other parent not record the phone calls.

1 Answer | Asked in Family Law for Arizona on
Q: Good evening I either need probono family lawyer or someone to help me understand what things mean as my ex and I go to

- Court

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

I don't think you are going to find a pro bono family law attorney unless you're using Community Legal Services. Some firms offering coaching (a form of ongoing consults) to people who are self-represented. That might be what you're looking for.

1 Answer | Asked in Family Law for Arizona on
Q: my husband who had a brain injuries several years back without telling me that he wrote 2 checks

he wrote checks at cu to open up a new accounts for checking ,cd, etc. the account he wrote it on doesnt have funds available. he was not aware that funds werent available. both checks have nsf on them and I just did stop payment on both checks. the cu he opened accts at I am not able to talk to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You posted in the wrong section. This isn't family law (family is for divorce and child custody).

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Need assistance in interpreting my custody agreement.

Here is what i need interpreted "Father shall provide mother and letter from his provider confirming with his compliance with treatment every 6 months. Father shall also provide counseling and or therapy records to mother every 6 months" I'm trying to figure out this means I have to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You need to provide the notes. "Counseling or therapy records" is meant to refer to the session records. The proof of attendance is part of the compliance letter your counselor sends.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: the mother of my child's father is a sex offender, caught with young children is there anything i can do to get my son?

im 17 the babys mother is 16, a couple months after finding out her and her family cut off all contact we said okay and have only asked how the babys doing sense but they will not answer any of our questions. She lives with both of her parents and her dad is a sex offender he preyed on young girls... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

You and your parents (who need to file since you're not 18) should contact a family lawyer if they haven't already, should consider filing to get some orders in place and perhaps emergency custody, including orders that her father not have any contact with the child.

1 Answer | Asked in Family Law for Arizona on
Q: Can a mother keep the father from seeing his kids by posting a no trespassing sign on her home door?

There is no custody order, protection order, and this is in Arizona.

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

That's a bizarre way to do it, but, yes, she can. Under Arizona law, she has custody of the children until the father goes to Court to establish his rights.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What are my options as NCP who can't attend a negotiation conference for child support in south carolina

I live in Arizona

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

If I'm understanding this correctly, you live in Arizona, and your case is in South Carolina? If so, you should ask this question to attorneys licensed in South Carolina. Attorneys licensed in Arizona cannot advise you.

1 Answer | Asked in Divorce for Arizona on
Q: How does the Arizona courts assess the duration of a relationship prior to marriage in divorce.

I am seeking clarification on how Arizona courts assess the duration of a relationship prior to marriage in divorce proceedings. Specifically, I am concerned about the impact of the 8-year period during which I supported my then-fiancé's government career before we officially married.... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

The only period that matters for purposes of a divorce is the time that you are married. What happened before the marriage should not factor in.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I need to decide when and how I should start obtaining full sole custody of my four-year-old daughter.

I experienced domestic violence with the biological father of my child. He told the child support judge he wanted nothing to do with my child and is currently in prison for a manslaughter charge due to a motor vehicle accident with a bicyclist that resulted in the death of said bicyclist. His... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 29, 2024

I recommend you go speak with an attorney who practices in the juvenile courts in Pima County ASAP about filing to terminate his parental rights. If you're going to do it, now is the time. If you don't terminate his rights, he can seek to establish his rights when he gets out of prison.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Pre trial statement sent yesterday , new evidence came to light today ,is there anything we can do ?

Dcs removed kids from mom in Feb for drug use , she was told to stay away from druggie boyfriend in order to have contact with the kids , custody trial is 12/4 pretrial statement was sent 11/29 .video of her at boyfriends house came to light today 11/30 anything we can do to submit evidence for... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 30, 2023

Yes, I would discuss it all involved ASAP and submit it to the Court as a Supplemental Exhibit ASAP as well. Be aware that the Court might reject it, but it's certainly worth a try. You will also want to review the Court's guidelines for how to submit video evidence.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: How do I secure spousal support in my divorce?

We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.

Domestic...
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: If my child’s father is abusive to his dog, will I be able to get sole custody of our baby
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2023

It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More

1 Answer | Asked in Family Law for Arizona on
Q: What happens if the other party files their response but I dont get served with a copy?

I filed my papers about a month ago, and I found out through word of mouth that the other party files her response. However I have not received anything from them, their attorney, or the court. Will the case move forward even if I haven't received anything? Is there any action I can take if... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2023

Yes, your case is moving forward even without them giving you a copy. You should reach out to the other party's attorney, inform them you didn't receive a copy, and make sure they have the right email address and mailing address for you. You also should double check the Court records to... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: If my granddaughter lives in NM and I reside in AZ, where do I file for grandparents visitation rights? Az or NM?

Unfortunately my ex daughter in law makes it merely impossible for me to have the right to visit my granddaughter. There's other circumstances between her and my son going on but my concern is me not being able to see her more while they go back and forth with their visitation arrangements.

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

New Mexico

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Arizona on
Q: I refused to deliver my daughter to father due to mental breakdown, now im in contempt but im protecting her from abuse.

We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Sounds like your best option is probably to going to be filing a Motion for Reconsideration.

The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.

If you have evidence Father lied, present it and let it speak...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How to dimiss an case that was filed by the state of California against respondent?

This case in which the original case was filed by the state of California

against the Respondent for child supoort.

The respondent wants to use the case as a custody case against the petioner.

I want to dismiss that case on the grounds that the original case was not for... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Did California issue a child support order? If so, it must be registered here for the custody case, in which support must be determined. An Arizona court cannot modify the California support order unless it's properly registered and in front of the Arizona court. For that reason, I don't... View More

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
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