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Questions Answered by Stephen M Vincent
1 Answer | Asked in Family Law for Arizona on
Q: Can the court accept petition for temp custody if the father's not on the birth cert?

He Has not established paternity. He has had custody for going on a year this month . Complicated situation

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

Is paternity in dispute?

You mention he has had custody for a year. Is that Court-ordered. If the Court gave him custody a year ago, then he is a legal parent because they would have declared him the legal parent when they gave him custody.

The birth certificate only creates a...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can my daughter request child support from ex to help obtain a two bedroom and provide the same lifestyle as ex husband?

My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More

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

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can I relocate to another state if I have had primary physical custody since birth? I filed but no court date pending.

I filed 2 times. once in 2022 and again in January. Never given a trial date. Court has not responded to my questions. I filed for child support 2x with custody papers. No response. She has lived with me since birth DOB 10/15/21. I want to move on with my life. I have a 2 year OOP against dad and... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 21, 2023

Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.

It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: AZ Paternity/Family Law Question/Concerns

A few months ago, a one-night-stand called out of the blue to tell me her 10 month old baby was mine. The man she was in a relationship with at the time of birth signed the birth certificate but apparently they are no longer together. We did a paternity test but I never actually saw any paperwork.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 21, 2023

You asked, "I guess my question is can she come back in a few years and sue me for financial assistance after all this back and forth?" It's possible, but you'd have to be legally declared the Father first.

"This situation is affecting my current relationship with...
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1 Answer | Asked in Family Law for Arizona on
Q: Can I submit a Waiver of Paternity (signed/notarized in 2008) with a new Acknowledgement of Paternity to add the father?

I was married at the time my daughter was born in 2008. My (now ex) husband was not the father. He signed and had notarized a Waiver of Paternity Affidavit in 2008, when she was born. I did not add the father to the birth certificate at the time. I would like to have the father added to her birth... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 19, 2023

If I understand this correctly, your former husband is not the Father and he signed and had notarized paperwork that stated he is NOT the father, and I'm presuming, that your former husband is also not on the birth certificate, and no Court and no state agency has ever declared him to be the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How can I have sole legal custody?

My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 19, 2023

I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.

Child Support - If it's court-ordered, it doesn't matter that he's leaving the...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can my son do if his sons ‘baby momma’ is calling herself a surrogate and offering to give him full custody for$

He wants full custody but doesn’t want a court battle. I believe it’s illegal for him to pay her but realizes it could be more expensive to fight for full custody in court. Does he have any options?

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

He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.

He can...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: If I am seeking Temporary custody for my grandchild in HI, I live in AZ, both parents give permission, is court needed?

Can I just get a notary form to have temporary custody of my grandchild living in another state if both parents agree?

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

Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.

I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can My attorney garnish my wages

My lawyer charged me $12,000 dollars to represent me in a child custody case. I was in an accident and broke my back and was out of work for 8 weeks and fell behind on my payments. She knew the issue as I kept her informed the entire time. Now she is telling me that she is going to garnish my wages... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 28, 2023

She can.

But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.

I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Ex wife emails asking to go from 50/50 to 90/10 parenting time

I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a... View More

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

First, a 12-year-old doesn't get to pick where she lives.

"Does she have a case for modification w/o any substantial change in circumstances? "

She has to show a material change of circumstances affecting the child's well-being to qualify for a modification....
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1 Answer | Asked in Family Law for Arizona on
Q: Does father have rights in AZ if he did not sign birth certificate and there is no agreement for the child?

Child has been under moms care since he was born, child is under moms insurance, all of childs things (food, shelter, formula, clothes, diapers etc) have all been paid by mother. Hospital fees also currently still being paid by mother. No agreement on child placement, no agreement on custody, no... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 29, 2023

If he is not on the birth certificate, and if Mother and Father have not signed an Acknowledgment of Paternity, and if Father has not filed to establish paternity with the Courts, then Father is not a legal parent, and the child is under Mother's custody, and that does include the right to... View More

1 Answer | Asked in Family Law for Arizona on
Q: Report emotional abuse and request restraining order child just turned 18

Step mother emotionally abused my daughter for over 3 years, my daughter turned 18 on September 2022 and she moved out and went not contact with father and stepmother. Daughter is in therapy due to the mental abuse and suffers from depression, anxiety and panic attacks, daughter wants to report... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

She can go to the nearest superior courthouse and request the protective order. That will only be in effect for two years though.

As for reporting emotional abuse, she should contact the Department of Child Safety.

If you are looking to modify legal decision-making and parenting...
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1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Arizona on
Q: Can I sue my gfriends ex husband for taking full custody of my biological child. They were married during our conception

I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 21, 2023

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of...
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1 Answer | Asked in Family Law, Child Support and Tax Law for Arizona on
Q: What action is needed when other parent claimed children on taxes but order says if not paid in full then I can?

I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can I vaccinate my child without the consent of the father? ( We are not married nor divorced.)

We are only dating but we are very much together and he is 100% involved. He will obviously be listed as the father on the birth certificate (I’m still pregnant) but I’m not sure what rights that gives him since we’re not married? If I choose to vaccinate our child against the wishes of my... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

Legally, in the short term, it's in your favor until he goes to Court to establish his custodial rights. At that point, his rights are equal to yours.

Legally, in the long term, and practically speaking, these are decisions you need to make together. You're better off making these...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Stepmother emotional abuse what can be done?

Shared custody of 2 kids; stepmother verbally and emotionally abused daughter for 4 years, daughter turned 18 and went no contact with father and stepmother, a few days ago special need son came back with a bruise in his arm and said stepmother hit him and said “that’s what you get” since he... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

I am so sorry to hear what your children have been through.

That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for...
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1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: Where can I find a sign that clearly prohibits the possession of weapons on our church premises with the ARS numbers
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

I looked, but I cannot find such a law.

For example, ARS 13-3102 prohibits people from bringing firearms to polling places, schools, and nuclear power plants, but says nothing about churches. See ARS 13-3102(A)(11)-(13).

1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I let a friend store his stuff in my garage it was broken into an some of his an my stuff was taken police report was fi

Filed he been taking things out an saying this an that are gone how can I leagely have him move his stuff

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

In writing, tell him he has 30 days to remove the items from your garage and that if he does not remove them by that date, you will dispose of his remaining belongings, and then wait another 30 days before you remove them.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Arizona on
Q: How do I go about getting my son back. I was lied about in civil court and had a protective order placed against me

This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I'm sorry that I didn't see this sooner. I hope your son is with you now.

If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.

If he is in Arizona,...
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