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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Me ex girlfriend had a child and claims it's mine. Who has the right.to take the child?

Can I take the child legally

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2024

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Jurisdiction appearance questions for motion to modify conditions of probation and/or possible revocation hearing?

I am on federal probation, and during incarceration, I relocated from the state that sentenced me, Alaska, to my new location, Arizona. When I first arrived, my new probation officer completed paperwork to transfer my probation case to AZ, but I never completed the paperwork to transfer my... View More

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where you're on federal probation but your judicial case remains in Alaska while you're in Arizona, navigating the legal process can be complex. To modify your probation conditions or address any potential revocation hearing, you have a few options.

One approach is...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arizona on
Q: I was a victim of an assault but I don’t want to press charges or have an investigation. Now a detective reached out.

The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.

James L. Arrasmith
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answered on Jan 13, 2024

If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.

You can politely inform the detective that you...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More

Peter H. Westby
Peter H. Westby
answered on Jan 12, 2024

It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More

1 Answer | Asked in Family Law and Estate Planning for Arizona on
Q: My husband has a brain injury. I don't want him to get my money if something happens to me?

My daughter is on my checking and savings account and my husband is not.

James L. Arrasmith
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answered on Jan 11, 2024

In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.

Since your daughter is already on your checking...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: What am I to do if my wife and mom received a message relating a civil suit against me? I live out of the country.

My wife and mother received a phone message from a company called Goldman LC, out of Arizona, expressing that there is a civil suit to be filed with the county against me. My name was spelled wrong, they provided two different case numbers, they never called me personally, and most importantly, Ive... View More

James L. Arrasmith
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answered on Jan 11, 2024

It's understandable to be concerned when receiving such messages, especially when living abroad. However, there are several red flags in your situation that suggest caution. First, legitimate legal notifications are typically not communicated via phone messages to family members. Proper legal... View More

1 Answer | Asked in Social Security for Arizona on
Q: I'm at the point to sign the papers to move forward to appeal my ssdi with a judge. What if I don't sign ?

I do have an attorney representing me. But I don't want to proceed further.

James L. Arrasmith
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answered on Jan 8, 2024

If you're considering not proceeding with your SSDI appeal, it's important to understand the implications of this decision. Choosing not to sign the papers to move forward with an appeal effectively means you are deciding not to contest the denial of your SSDI claim. This decision should... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: During my arrest the superior said thst I was a pos over the phone..can case get thrown out due to officer missconduct
Brad Rideout
Brad Rideout
answered on Jan 5, 2024

The short answer is likely no, an officer being disrespectful and rude usually doesn't create a legal issue causing the case to be dismissed. If the officer's conduct causes it to be less likely that your conduct was criminal then there would be a possibility of dismissal, but... View More

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 Estate Planning for Arizona on
Q: My father passed away in December 2022. He had a Will and a Trust listing his 3 adult children as recipients of all

assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More

David Gerszewski
David Gerszewski
answered on Jan 4, 2024

The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.

2 Answers | Asked in Contracts for Arizona on
Q: Hi. I recently signed a co tract with a mktg company and before I did I was told something else. Can I get out if it

The person for the company told me something v different than was in the contract.

James L. Arrasmith
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answered on Jan 4, 2024

If you believe the marketing company misrepresented the terms before you signed the contract, there may be grounds to contest it. Misrepresentation can occur when false statements or promises are made to induce someone into a contract.

First, review the contract thoroughly to understand its...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: How can I avoid another 12 months of having the Interlock device in my vehicle with AZ MVD?

I live in another stated - Hawaii. The court had ordered me to contact MVD as part of separate consequences for my 1st DUI. When I contacted them, I was told to have the interlock installed and was given information on who to contact. I had the interlock installed around 01/09/23. 12-month later, I... View More

James L. Arrasmith
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answered on Jan 2, 2024

To address the issue with the Arizona Motor Vehicle Division (MVD) regarding the interlock device, you may want to consider filing an appeal or request for review with the MVD. This process allows you to present your case, including any misunderstandings or miscommunications about the requirements... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My ex boyfriend signed a written agreement. I also have proof he was gonna give me my security deposit back. He also

Used my credit card without my consent. I need legal advice as to how to move forward in civil court. I also took care of he's kids for many years without pay.

James L. Arrasmith
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answered on Jan 2, 2024

In your situation, the first step is to gather all relevant documentation, including the written agreement regarding the security deposit and any proof of unauthorized use of your credit card. These documents will be critical in pursuing a civil court case.

For the security deposit, if you...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

Rich J. Peters
Rich J. Peters
answered on Jan 5, 2024

If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

James L. Arrasmith
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answered on Jan 2, 2024

In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How can I correct an error on a Voluntary Administration Statement after it has been certified?

I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.

Thanks!

James L. Arrasmith
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answered on Jan 1, 2024

To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.

Start by contacting the probate court where you filed the original Voluntary...
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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 Child Support and Family Law for Arizona on
Q: Will new income or old income at time of divorce be used to calculate child support

While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be... View More

T. Augustus Claus
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answered on Dec 29, 2023

In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Diane L. Drain
Diane L. Drain
answered on Dec 29, 2023

When a bankruptcy is filed, it should be planned ahead. The goal is to make the debtor and their transactions as boring as possible. You can do this with an experienced bankruptcy attorney who cares about their clients.

As to your questions, first you have to determine which exemptions you...
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