Kevin L Jensen’s Answers

Kevin L Jensen

Mesa Family Law Attorney.

Contributor Level 8
  1. How do I file for full, legal custody of my daughter in the state of AZ?

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Zubair Aslamy
    2 lawyer answers

    The first question I would ask in your case is whether or not you were ever married to the father or not. If not, and he has not established paternity (through a court proceeding), he has no rights, including custody rights. However, if you were married (and divorced), or he previously established paternity through a court proceeding, then the process would require you to file a petition to modify custody. The court will determine custody based on what is in the best interest of the child....

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  2. I have filed for divorce from my husband due to his infidelity. What are my chances in court since he abandoned the 2 kids and I

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Angela M Wilson-Goodman
    3. Robert Ricci
    3 lawyer answers

    Based on the facts provided, your dissolution will be granted. The judge assigned to your case will ultimately have to determine what is in the best interest of the children when deciding issues such custody, parenting time(visitation). Your husband's recent conduct toward you and the children will likely play a major factor in the judge's decision. In my experience, Arizona judges do not take domestic violence lightly. The child support issue will be also be based on a number of factors,...

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  3. Is it worth filing for past due child/spousal support if he paid me directly by check and not through the clearinghouse in AZ?

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Patrick S Sampair
    3. Angela M Wilson-Goodman
    4. Robert Ricci
    4 lawyer answers

    Once a child support order has been issued, the person obligated to pay is always required to pay through the Clearinghouse. As you point out, failure to do so can result in the court considering those payments as gifts and the person obligated to pay can end up with an arrearage. In my experience, the judge will look to see if the non Clearinghouse payments were consistent (I.e, were you getting your support regularly, but not through the Clearinghouse). The court will consider the reasons...

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  4. Family Law in Arizona, is it based on what he or she say? How can you get the justice system works?

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Patrick S Sampair
    2 lawyer answers

    In general, family courts do take evidence before making decisions. Family court judges are guided by the legal requirement that they consider the best interest of the child/children when making decisions affecting children (parenting time, child support, etc.). It is often the case that the rules of evidence are somewhat relaxed in family court, but they are not thrown out the window. A party doesn't get to say whatever they want, they have to provide evidence. Evidence can include...

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  5. What can I do if my kid comes home from dads house with a bruise from dad and we share custody of kid...

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Zubair Aslamy
    3. Gregg R Woodnick
    4. Patrick S Sampair
    4 lawyer answers

    I agree that there should be some kind of investigation by you before any action is taken. Abuse is obviously very serious and should be taken seriously. If you determine Father has done something to cross the line you should consider contacting CPS and/or the police-- particularly if there has been a history of physical abuse. Court action can also be taken to protect the child. Courts take abuse extremely seriously. Be cautioned that kids get bruises all the time from just being kids....

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  6. If our original Child support amount was deviated to a higher amount, can my ex choose to lower it at any time?

    Answered about 2 years ago.

    1. Zubair Aslamy
    2. Kevin L Jensen
    3. Patrick S Sampair
    3 lawyer answers

    Any party can seek a modification of child support. However, when seeking a modification, the party seeking the modification must demonstrate to the court that a substantial and ongoing change of circumstances has occurred that necessitates the modification and that the modification is in the child's best interest. Child support is most often modified when one party or the other has an income change (i.e., lost job, reduced work schedule, increase in income, etc.) or a change in parenting...

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  7. Can a Plaintiff's litigation history, even if meritorious, be used against the Plaintiff in future suits by the opposing party?

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. L. Maxwell Taylor
    3. Lars A. Lundeen
    4. Stephen Neil Foster
    4 lawyer answers

    Hypothetically speaking, any previous issues with asbestos exposure, including injuries, are likely going to be fair game in a subsequent litigation. The defense attorney is likely to try to argue that the prior exposure is the problem, not the more recent exposure. The defense attorney may also try to argue that the individual may have a monetary motive to pursue a new case and point to the old case in doing so. Anytime prior injuries become an issue in a subsquent case (i.e. exacerbation...

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  8. Want to represent self ? Settlement amount

    Answered almost 2 years ago.

    1. Kevin M Garrison
    2. Mark A Kille
    3. Kevin L Jensen
    4. Stefano Vincenzo D'Agostino
    5. Gary A Kester
    5 lawyer answers

    There are a number of factors that go into determining the settlement value of a case. Unfortunately, there simply isn't enough information in your question/description to even begin to come up with a value of this case. For example, we don't know if you had medical bills related to the accident, what, if any, physical injuries (besides your fear and confusion) did you have, are there any ongoing effects of the injuries, etc. Without this information the value cannot be determined and the...

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  9. Attorney keeps "enlarging time" for getting my attorney the final divorce decree.

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. Peggy Margaret Raddatz
    3. Brian Randolph Moore
    3 lawyer answers

    This is really a question you should address with your attorney. In most instances, an ADR agreement is a binding agreement. There may be legitimate reasons for delay. Sometimes just documenting an agreement appropriately takes some time so that it is done correctly. I would suggest contacting your attorney and addressing your concerns with him or her. If it is a real problem, your attorney can address it with the court and get some hard deadlines for completing final documentation. If...

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  10. I do not have a lawyer and my wife wants me to pay her lawyer fees.

    Answered about 2 years ago.

    1. Kevin L Jensen
    2. J. Richard Kulerski
    2 lawyer answers

    Judges in Arizona can award attorney fees in dissolution cases based on a number of factors, including the reasonableness of the parties and relative ability of the parties to pay attorneys fees. In my experience, most judges will look particularly at how reasonable the parties have been during the case, I.e, are you taking unreasonable positions regarding property, debt, etc. If a judge finds you have been unreasonable, he or she can award attorney fees, even if you don't have an attorney....

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