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Arizona Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Arizona on
Q: in Arizona: what constitutes "kidnapping" if the child is 14 yrs old and your grandchild?

My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Does the minor have to file an emancipation petition in person? Or can a guardian receive it and fill it out at home?
Mike Branum
Mike Branum
answered on Nov 17, 2023

Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: If I have filled out a petition against someone and have a court date already can someone file the same one on me??

I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible

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

Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings.

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 Family Law and Juvenile Law for Arizona on
Q: Is there lawyers that can help fight against dcs?

My sister has 2 children both different dads her son(3) his dad was raided and they found cocaine and weed and pills in his house and my nephew slept through the whole raid so dcs decided to drug test him and he was positive for methamphetamines cocaine and thc his levels were really high and they... View More

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

Yes, you should look for an attorney who practices juvenile law.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Arizona on
Q: My significant other of 9 yrs. Daughter is claiming that my dad who has been deceased and I have sexually assaulted her.

I have a child of 7 with my partner. I have not been contacted by any officials for 11 days now. They have not as much as called me.

Steven Scharboneau
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Steven Scharboneau
answered on Oct 27, 2022

These types of allegations are very serious and can have life altering consequences. If you are being accused of this, I highly recommend reaching out to an Arizona criminal defense attorney to discuss your options right away. Most of us on here (myself included) will discuss your case with you... View More

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

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

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How to know if my unmarried son is on his daughters birth certificate?

I live in Arizona and my granddaughter was born In Yavapai County and my unmarried son and the mother signed all appropriate forms before leaving the hospital to acknowledge paternity and the birth certificate application. Will he be on my granddaughter’s birth certificate?

Mike Branum
Mike Branum
answered on Feb 2, 2022

Your son SHOULD be on the birth certificate. To find out for sure, just have him request a copy of the birth certificate (you can request a copy if you want to submit a copy of HIS birth certificate). If he is on the birth certificate, they will send him a copy. If he is NOT on the birth... View More

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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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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.

Mike Branum
Mike Branum
answered on Dec 2, 2021

Not sure if we are discussing an adult child or a child who remains a minor. I am going to answer assuming this is an adult child. The only thing he is required to do for an adult child is to provide her health insurance information until she reaches age 26 (I believe, I am not an expert on health... View More

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2 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: In az a minor 16 or older may marry someone that is no older then 3 yrs older then you would 3yrs 1 month be okay or no

I have parent consent and I would just like to know if they are 3 years and 1 month older then me would it be okay to do or is it strictly 3 years and below so I can go get my marriage license with my mom

Mike Branum
Mike Branum
answered on Aug 25, 2021

Three years is three years, not three years and one month. I am going to be blunt. The level of maturity demonstrated with the crafting of this query does not give readers any confidence that you have achieved the necessary life skills to make a decision of this magnitude with or without a... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: What would be the consequences of a 17 year old who takes advantage of older men and ends up getting them in trouble

Playing the victim and letting these men think beforehand that it was love and was trusted even at times being lied to saying they were an older age. Sending pictures and instigating it

Mike Branum
Mike Branum
answered on Aug 6, 2021

I cannot think of any earthly consequences, civilly or criminally. The burden is on the "older men" to be wise enough not to be ensnared by any wily 17-year-olds. Once a male present in the State of Arizona turns 19, anyone under 18 is off limits.

Any female "sending pictures...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: How many months is considered abandonment in arizona?
Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2021

Six months.

The standard for abandonment in Arizona is found in ARS 8-531(1), which reads: ""Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes...
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1 Answer | Asked in Juvenile Law and Social Security for Arizona on
Q: If I’m 17 and in Arizona and I run away to Chicago can my parents do anything about it?

Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 8, 2021

I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.

1- Be absolutely sure you need to leave home now. If your parents are causing you...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I have an in-home intervention w/court oversight with DCS. If I give my Brother guardianship will Dcs close the case
Mike Branum
Mike Branum
answered on Jun 14, 2021

The short answer is no. DCS will likely keep the case open until they are confident there is no longer a concern that the child(ren) will be abused or neglected. Merely giving your brother guardianship is not extremely reassuring; particularly because it is your brother and DCS will likely consider... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: Where can I find an experienced family defense lawyer for my dcs case

My boys are in dcs custody. They were taken while n the care of another. With false aligations. What do I do.

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

I don't handle DCS cases, but I can refer you to some attorneys who do. Feel free to give me a call, and I'll pass their names and numbers along.

2 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: Can my parents legally keep my money after I move out?

My mom started a savings account for me when I first started working and has been taking all of not most of my paycheck (against my will) and putting it in the savings account. Now that I’m 18 and moving out she still refuses to give me the money saved up under the grounds of “I don’t trust... View More

Mike Branum
Mike Branum
answered on Aug 18, 2020

Wages earned while a minor may be controlled by a parent. Obtaining the age of majority does not change the nature of those wages any more than it truly makes one an adult other than in the eyes of the legal system. Children are extremely rarely able to earn a wage which could contribute more than... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... View More

Mike Branum
Mike Branum
answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... View More

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