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Questions Answered by Stephen M Vincent
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: if a child is not believed by family court that they are being abused can they sue the courts when they are adults

if a child is not believed by family court that they are being abused can they sue the courts when they are adults for forcing them to go with the abusive parent and allowing the abuse to go on

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

No. You cannot sue a judge or the Court.

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 Support for Arizona on
Q: If my ex husband bullied me with his lawyer in 2019 and has written 50/50 custody but only has had the kids 48 days a yr

And gets to claim one child that he has never financially supported can he get away with this as I have been the sole supporter for them 12 yrs straight

Can I get any back payment for him stealing from me every year on his taxes as well as never helping financially support them?

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

If he did not pay 100% of his child support in a tax year, he cannot claim the child on taxes. The Court can order him to Amend his taxes. You can ask for this as part of an enforcement proceeding.

Don't expect the Court to order that for more than a few years, though.

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 Family Law for Arizona on
Q: How would I bring abandonment charges on my spouse? Do I just go to file a report or do I file in family court?

2010 Arizona Revised Statutes

Title 13 - Criminal Code

13-3610 Abandonment of spouse; classification

13-3610. Abandonment of spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 1, 2023

You file a police report, and let the police and prosecutors decide from there if they want to bring charges.

2 Answers | Asked in Family Law for Arizona on
Q: Is it possible to obtain Legal Custody of a child that isn't yours, but that you've raised 50% of the time for 10 years?

I've got a friend that started dating a man (Father) that had a 6-month old child, conceived between him and a surrogate (Biological Mother). Shortly after the birth of the child, Biological Mother exited the equation... and my friend (Mother) entered.

She raised the child as her own... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 1, 2023

If she doesn't adopt the child, then she can't have equal custody under Arizona law. A case came out last year, Hustrulid v. Stakebake, that made that very clear--that nonparents cannot share custody with parents.

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1 Answer | Asked in Child Custody for Arizona on
Q: Will a Az judge look down upon a mother seeking sole custody of our twins with no visitation for father and is online

Where she solicits men to pay her to perform sexual acts they want to see her perform for set amounts of money?

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

If your talking about Mother making money by camming, that is not something that's likely to factor in.

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 Child Custody for Arizona on
Q: Can a phone call recording be used in court without the consent to record of both parties in arizona?
Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2023

Yes. Arizona is a one-party consent state, meaning only one party in the conversation needs to be aware that the conversation is being recorded.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: In az going through a divorce with child custody with no court order just yet, Can I keep my kids until then?

Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.

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

Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.

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 and Child Custody for Arizona on
Q: My 9 year old daughter told me her dad pulls her pants down and beats them with a belt her and my 4yo idk what to do

2 daughters. We have been divorced 2 years with equal parenting time and equal decision making. Made appointment with lawyers but they aren’t available til next week. I don’t want to be getting beatings in the mean time. Tucson AZ

Stephen M Vincent
Stephen M Vincent
answered on Mar 6, 2023

That is horrifying.

I wouldn't wait either to file. File a Petition to Modify Legal Decision-making, Parenting Time, and Child Support and a Motion for Temporary Orders without Notice (Emergency Motion) with the Court. You can get those forms off the Pima County Superior Court web site...
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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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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can the father of my child make me move back to our home state after ghosting me for 5 years and dening everything?

The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.

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

Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there a form or way to ask the judge to make a ruling on a divorce?

My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... View More

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

Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.

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