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Questions Answered by Stephen M Vincent
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Are court clerks ALLOWED to have access to a personal case before the document is served to them?

I know they have access to it, but are they allowed to be privy to it and use the contents in it prior to being officially served?

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

Once the documents are filed, they are public record. Anyone, including court clerks, can access them, regardless of whether service has taken place.

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 Securities Law for Arizona on
Q: Is there a statute of limitations in nev on a proof of financial responsibility
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

You asked this question to Arizona attorneys. We can't advise you on Nevada law. You may want to reask this question in the Nevada forum.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Paid off mortgage but mortgage company sent the deed clearance to the county recorders in both my name and ex husband.

never got answers so deleted it

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

I'm presuming the house was awarded to you in the Divorce Decree. If so, ask your ex-husband to sign a Quit Claim Deed to you to clear title. If he refuses, you can file to enforce the order.

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 Contracts for Arizona on
Q: I canceled my directv service and they are saying I have to pay till the end of the billing cycle. Is this legal in AZ?

It does state that in the contract I received when I got service 3 years ago

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

If that's what the contract says, that's what you are obligated to do.

Is that legal in Arizona? Yes, it is. In Arizona, people are bound by the terms of the contracts they sign.

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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1 Answer | Asked in Domestic Violence and Family Law for Arizona on
Q: Legally what can be done if you have a domestic stalker?

I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... View More

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

If you want them prosecuted, you need to make a police report.

You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Hi is there a lawyer who specializes in gaurdianship cases thats willing to take my case for free?
Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

You should ask this to the juvenile section, as guardianship in Arizona is handled by the juvenile courts, not the family law courts.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Does communications regarding kids behavior have to go through lawyer without a court order?

We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... View More

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

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The...
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2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Legally married but separated. I stayed w/ 2 kids and she took the other child. I make more than her can I get her on cs

I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .

Stephen M Vincent
Stephen M Vincent
answered on Jan 18, 2023

Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.

You can find a child support calculator online and see how the numbers play out. You should run two...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More

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

I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.

I'd recommend consulting with an...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... View More

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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