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1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My nephew and girlfriend asked his dad died to stay for 2 days. They have taken over, & filed Restating Order! Can dad E

They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.

Can dad evict in Az?

He owns the trailer, rents the lot.

They are unwelcome guests

Using illegal substances

Peter H. Westby
Peter H. Westby answered on Aug 25, 2021

Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.

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... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: How do I force my 15 and 16 year old to get on an airplane if they refuse to see thier father?

We live in Arizona and their dad lives in utah. We've been on the once a month schedule for 5 years. Right now they both are participating in extracurricular activities that effect their grades. I asked their dad if he could skip the September visit and take some additional time in December... Read more »

Mike Branum
Mike Branum answered on Aug 25, 2021

Document, document, document. Save all the emails and text messages between you and your ex. At that age, the children should be communicating directly with their father on a regular basis. This is not strictly a custody issue (which the two of you should handle without involving the children),... Read more »

1 Answer | Asked in Contracts for Arizona on
Q: Question is this email which included a second party legally binding? Thank you!!

Trying to do an early cancellation of a Cox Fiber connection at a building we have moved from (16mos early).

We had a new Cox Fiber connection installed at the new building. Both buildings are in Arizona.

In an email the Cox person responded to the question of early termination... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 24, 2021

You can use any communication as proof of a modification to a regular contract.

Consult with an attorney. This is not legal advise.

1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Have family patents inherited from a will - appear to be innovations at a global scale. Looking past missed royalties.

Family patents include "Grass Cutter," (original lawnmower), Time-controlled release valve (for fire extinguishers and irrigation systems), and medical valve for oxygen tanks. It appears that our family has owned the patents for quite some time and a friend of ours mentioned that we may... Read more »

Stephen E. Zweig
Stephen E. Zweig answered on Aug 17, 2021

To start with, you could look these various patents up on Google patents and see which ones have expired, which are abandoned, and which may need maintenance fees. You can do this by looking at https://patents.google.com .

You can also get some idea of which patents have already been sold...
Read more »

1 Answer | Asked in Contracts for Arizona on
Q: Can you bid on your own auction online in Arizona when a lien has been placed on your storage unit
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

Probably yes

Check with the online company

It is very typical in bankruptcy auctions for the debtor to bid on his own assets

1 Answer | Asked in Child Support for Arizona on
Q: Ex has filed to change child support if I inherited a house will it affect the amount I pay? 50/50 custody in Az

I might be inheriting my sisters house and am wondering if it will affect the amount of child support I pay. My ex has just put in for a child support change do to both of us earning more and I am just unsure how this will affect it.

Peter W Davis
Peter W Davis answered on Aug 16, 2021

The answer is "it depends" while child support in Arizona is generally based upon earnings from a job, there are instances where child support may be ordered based upon resources. Further, if you receive income from this house (such as rental income) it may also be countable (even in... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: if a class 1 misdemeanor (shoplifting) is found guilty will that person spend time in jail? if so for how long(State Az

Can it Be Expunged, if the person has no previous criminal record

Matthew Maerowitz
Matthew Maerowitz answered on Aug 16, 2021

Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... Read more »

Joel Friedman
Joel Friedman answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Probate for Arizona on
Q: I have filed to have my sister removed as PR. The judge said I didn't file right.. Please help on which papers to file

I need proof of serving her. And a petition to request to be PR.

Andre L. Pennington
Andre L. Pennington answered on Aug 11, 2021

You’ll want to consult with an experienced probate attorney. This can be a complicated process.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Arizona on
Q: I have written a motion to dismiss an appeal in the Arizona Court of Appeals, Division One. The couple appealing the

Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case... Read more »

Timothy Denison
Timothy Denison answered on Aug 10, 2021

I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

Stephen M Vincent
Stephen M Vincent answered on Aug 8, 2021

You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the... Read more »

1 Answer | Asked in White Collar Crime for Arizona on
Q: Does restitution need to be paid on student loans?

I am rephrasing this question as the answer I received didn't answer what I was asking. I owe restitution where I am responsible to pay 10% on all income towards it monthly. Are student loans considered income that would be required to pay 10% on? Example, I just took out $1250 in a loan to... Read more »

Joseph Abrams
Joseph Abrams answered on Aug 7, 2021

The restitution order is separate and apart from any personal debts that you might have. The PO is responsible for collecting the restitution in accordance with the judgement issued by the court, and enforcing any other conditions ordered by the court. The repayment of personal debts is your own... Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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