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Arizona Questions & Answers
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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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What papers do I file to terminate a parenting plan?

My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 6, 2021

There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What forms would I fill out to terminate parenting plan? If me and the other parent are in agreement.

We now live together and would like to have our old custody order parenting plan terminated.

Randi Sirlin
Randi Sirlin answered on Aug 6, 2021

The court will have to approve any parenting plan you file. There may not be a form for a stipulated modification of legal decision-making and parenting time. The court will also have to approve any stipulated modification of child support. I suggest you contact an experienced family law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character

Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

I am sorry to hear that.

His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your...
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1 Answer | Asked in Family Law for Arizona on
Q: A person has been in contact with the person who the restraining order is against. They are both violating what do I do.

We are currently in a custody hearing and we have our address and a protected person on a restraining order against the protected persons father. The person who helped us get it admitted she’s been in contact with the person who the restraining order is against which is in breech of the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

That was a little difficult for me to follow, but I believe the answers here are straight forward:

1. Only the defendant (the person who ordered to stay away by the protective order) can violate the protective order.

2. If the defendant is around the protected person in violation...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to end a custody order if both parents want that? To where there is no court order in place?

We went to court Oct 2018. We reconciled in March 2019, and we’ve been together ever since. We now live together. Child support was ended 2 years ago. We just want there to be no custody order in place, as it was a stressful and hard time for the both of us. And we’re willing to ask the judge... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 5, 2021

Yes. You can file a Joint Petition to Terminate Parenting Plan and explain what you've explained here. That the two of you have reconciled and are living together, so there is no longer a need for a Parenting Plan.

1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: I was driving in a parking lot in Tucson, AZ. I was established and driving forward in a through way lane (main lane).

Another driver drove in front of me out of an aisle/feeder lane and we collided. Is there common law in AZ regarding negligence as it pertains to a vehicle in a feeder lane and a vehicle in a throughway lane colliding?

Tim Akpinar
Tim Akpinar answered on Aug 5, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. Only an Arizona attorney could meaningfully advise on state-specific vehicle and traffic law. The general rule in most jurisdictions is that vehicles in the main roadway have right of way over vehicles entering... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Can I get my custody case moved from Tennessee to where I have lived (Arizona) for almost a year.

My sons father filed for custody 8 months after I left because of the abusive nature he acted around and to me and my son. He said he didn't want pictures or videos or to hear anything about my son. Then he filed for full custody after almost a year. As of now I have full custody because the... Read more »

Stephen M Vincent
Stephen M Vincent answered on Aug 4, 2021

Possibly. It depends on whether or not Tennessee has ever issued a Parenting Plan (aka "custody order").

If Tennessee has previously issued a custody order, and if your ex remains in Tennessee, then Tennessee is the state with jurisdiction and only Tennessee will have...
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1 Answer | Asked in Copyright and Gaming for Arizona on
Q: Can I make a fangame legally and distribute it if I don't use the original graphics, sound, or names of characters?

I want to create a fangame based off of the very popular Pokemon franchise from Nintendo, but don't want to be involved in copyright lawsuits. If I create a game with my own monsters which can be caught, battled, level up, and evolve in a world similar to a normal pokemon game, but uses my own... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

It is an interesting idea

Risky proposition

You must consult with an attorney

1 Answer | Asked in Child Custody for Arizona on
Q: I want to file for custody of my son. We have a protection order against his father. I’m not sure how would go in court

His father is severely mentally ill has been for the past 2 years and it has gotten out of hand on top of drug use and homelessness from the father

Randi Sirlin
Randi Sirlin answered on Aug 3, 2021

I do not know the status of your matter (whether there are any prior orders or whether you are starting a new case) and I am not able to give you legal advice without knowing more information, but whether you have an ongoing case or not, you will want to gather as much evidence as possible and then... Read more »

2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: My girlfriend has a court order detailing her ex-husbands responsibility for 100% of a medical debt.

The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 3, 2021

Fair Debt Collection Practices Act (FDCPA) helps protect consumers.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809

You may want to retain an attorney to represent you, and see if you can get the collection...
Read more »

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1 Answer | Asked in Probate for Arizona on
Q: Az Probate statute of limitations? Personal Rep failure of duties. Thank you
Ryan K Hodges
Ryan K Hodges answered on Aug 2, 2021

It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.

2 Answers | Asked in Immigration Law for Arizona on
Q: Do you help with filling out paperwork for immigration? i am trying to fill out form I 130 and I 130a for my husband

I am a citizen of USA and his 2 daughters, I need to have him here to help me with our daughters, especially our little one who has a medical condition, I have been struggling to get someone to help me with this

Agnes Jury
Agnes Jury answered on Jul 30, 2021

There are attorneys who will help with document preparation and charge for the time that they spend with the client. You can try to find an attorney at Justia.com or at AILA.org. There are also not for profit organizations that help with immigration forms (see:... Read more »

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3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a court order a drug test for opiates and test for other drugs too?

Family court

Stephen M Vincent
Stephen M Vincent answered on Jul 26, 2021

Yes.

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a home and one wants to sell and the other one doesn’t, what is the law?
Peter H. Westby
Peter H. Westby answered on Jul 23, 2021

In Arizona the owner who wants to sell can force a sale by filing a Partition Action against the other owner. In a Partition Action the court will appoint a special commissioner to sell the home. The court will also decide how the net sales proceeds are to be divided if this becomes an issue.

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a house and one wants to sell and the other does not, what is the law?

I can’t afford to move or buy this individual out

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2021

If there is sufficient equity, hire a competent AZ attorney to prosecute an Action for a Sale For Partition.

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