Jefferson L Lankford's Answers

Neighbor's Popular tree debris in our yard.

The following are the general rules. You should check to see if your state or local government has passed laws that change these general rules. If the tree has branches that overhang your property, you should first request that the tree's owner trim the branches. If the owner fails to do this, you can do it yourself. You cannot enter your neighbor's property to do this without permission, however. You also can only trim the branches to the property line. Be certain that you know the exact...

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Can my ex get custody of my kids after prison time for a DV case and Child endangerment?

You apparently already have a divorce decree. That decree has a provision regarding custody. If you have sole custody, your ex-husband will have to ask for a change in custody. Given his history, you should have no difficulty in getting the court to refuse a change from sole custody. If you have joint custody, you must petition the court for a change in custody to your sole custody. If you have sole custody and visitation, and you wish to prevent him from visiting the children, you will also...

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House in very poor repair

Your rights and obligations as a tenant, and the landlord's rights and obligations, are determined by two things: your lease agreement and the Arizona Residential Landlord and Tenant Act. Certain provisions of the lease cannot contradict the Act, as explained by the Act. You can read the Act online at http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/ The City of Phoenix also offers affordable housing. Either phone the housing department or visit http://...

Child Residency and Custody

The very first thing to do is discuss this with father and let him know that he cannot keep the child because you are entitled to custody under the court order and that you expect him to put the child on the plane. You can tell the child and father that you will later discuss with them the longer term residence of the child. You can also try to find out the name of any lawyer they have contacted and you can contact him or her. An ethical lawyer would not be a party to violating a court custody...

Non support of children

You say that you are working with the local DA, which to me means the County Attorney. However, in Yuma County the County Attorney is not responsible for helping with child support enforcement. Instead, the Arizona Attorney General's office works with the Department of Economic Services. Contact the Yuma office of the Child Support Enforcement Section of the Arizona Attorney General's Office or call 1 800 882 4151 toll free, 24 hours a day, to the Department of Economic Services. The Attorney...

DIVORCE,FATHERS RIGHTS

The court can enter temporary orders regarding custody and visitation. Yes, both parents have rights of access to their children, subject to court orders that are generally determined by what is in the child's best interests. Any good lawyer will represent the client's interests to the best of his or her ability, within the bounds of the law and the ethical rules. There are several ways to find a lawyer. You can search for one on avvo.com, on the State Bar of Arizona web site, or at...

Child custody case

Yes, if the records relate to the child´s welfare. They could relate to the child or to a parent if the records shed light on the parent's ability to parent. You can also ask a physician or other health care provider or qualified health care expert to testify, but you will have to make arrangements for paying them for expert testimony. The court can require that you provide evidence that the medical records are genuine, but the family law rules in Arizona provide that, unless a party provides...

Filing custody in another state

The State which has jurisdiction (authority) over a child custody matter is generally the State in which the custody order was entered, under the Uniform Child Custody Jurisdiction and Enforcement Act. Arizona adopted the Act, and so have most (if not all) of the other states. The State in which the custody order was entered has "exclusive continuing" jurisdiction (exclusive in that no other State can enter a ruling) so long as the child or one parent continues to live in that State. That is...

Child custody

This answer is not specific to Ohio law and is not legal advice concerning Ohio law. You must check with an Ohio lawyer or look at the Ohio statutes. Most if not all states require that the court grant permission to relocate more than a specified distance with the child. The court cannot prevent you from relocating, but you cannot relocate the child without the court's permission. If the situation is as you say, you should be able to obtain the court's permission. The court will make...

Child custody

Has the child reported the inappropiate conduct to mother? If not, you can have the child contact mother by phone and report the behavior. Listen to the conversation if you can but do not interrupt. After the conversation, call mother and, out of the hearing of the child, discuss the situation and see if she will agree to permit the child to remain with you until the situation is resolved. Confirm any agreement by email or letter. If you believe criminal conduct has occurred, you can report...