Alexander Stephen Fasching’s Answers

Alexander Stephen Fasching

Nashville Wills and Living Wills Lawyer.

Contributor Level 11
  1. My wants were falsely communicated to a probate attorney. Is this theft by deception?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Matthew Erik Johnson
    3. James P. Frederick
    3 lawyer answers

    I'm so sorry to hear about the passing of your father. It sounds like you need to sit down and discuss the situation in greater detail with a probate attorney.

    7 lawyers agreed with this answer

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  2. What are the repercussions of renting to a person who is filing bankruptcy?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Eric Charles Lewis
    3. Geoffrey Marc Khotim
    4. Matthew Erik Johnson
    4 lawyer answers

    The bankruptcy might actually be a good thing for you. Since they are bankrupt, they likely now have a lower debt-to-income ratio and can better afford the home you are renting them. Also, since they just filed, the lease is not voidable by a bankruptcy filing.

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  3. I share "joint custody" of my children with my ex. The decree also states that I am the "custodial parent".

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Jeff Adrian Biddle
    3. Joan M Bundy
    3 lawyer answers

    Joint custody refers mainly to the decision-making authority, or legal custody, of the child. Think of this as the authority to choose schools, health care, religion, or to access records, etc, for the child. Custodial parent referes to the legal or physical custody of the child. That is, a non-custodial parent is a parent with whom the child does not reside and has no legal authority over the child. If you are the custodial parent, that would mean that you are the parent the child lives...

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  4. Disclosure Rules in Family Court Cases

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Valarie A McNeice
    2 lawyer answers

    Rule 49 Disclosures. In general, disclosures need to occur within 40 days of the response to the petition. Here is a list of minimal Rule 49 disclosures and the statements required in each family law case: 1. Resolution statement presenting each party’s case without argument. 2. Child support statement that includes the Affidavit of Financial Information, past two years’ tax returns, current income information, pensions, court-ordered child support and spousal maintenance, medical...

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  5. Is it legal to leave young children home alone in AZ? Is there anything I can do?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Patrick S Sampair
    3. Christopher Gerard Frey
    3 lawyer answers

    I agree with Mr. Sampair. Arizona does not have minimum ages for children to be left unattended. Some states do, but most do not. Children under 10 should probably always be attended by an adult. If she left them alone once, it may just be an error in judgment. If it is a common occurrence, you should seek assistance from a family law attorney. This may be an indication that other lapses in judgment are occurring.

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  6. Preparing my response to motion. Since I'm pro se, how should the salutation read?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Jeff Adrian Biddle
    3. Pamela Janet Ross
    3 lawyer answers

    I have included a link below to the Maricopa self-help website where you can find the appropriate guides and forms for your Response. I would recommend you at least contact a local family law attorney to determine if legal representation would be in your best interest in this case, especially since the opposing party is represented.

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  7. Is it in my daughter's best interest to have our court order modified to have her live with me in OH?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Patrick S Sampair
    2 lawyer answers

    I agree with Mr. Sampair. She cannot change the child's school without consent. Ordinarily, with you being out of state, that is not an issue because if she moved from Tempe to Chandler and needed to enroll the child in a different school, you would not have a leg to stand on. Changing from a standard school to home-schooling is a MAJOR decision and you certainly should have a say in this. Talk to an attorney quickly to have the issue resolved through the courts.

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  8. I have sole physical custody and joint legal of our 2 kids can i change there schools to one closer .

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Deborah Varney
    2 lawyer answers

    Legal custody is what determines if you can make life decisions for the children (think health, religion, school). If you have joint legal custody of the children then you will have to work with her to make that decision (unless the order says one of you has final decision making). If you ask and she objects, you are out of luck unless you want to take her to Court over the issue.

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  9. Can the judge make me sign a quit claim deed before mortgage is refinanced to remove my name from financial obligation?

    Answered almost 2 years ago.

    1. Alexander Stephen Fasching
    2. Robert C Howard Jr
    2 lawyer answers

    You should respond to the motion to enforce, stating the truth - that you have been unable to refinance the home thus far. As for signing the quit claim, I can't see a compelling reason why you would not want to sign off the other house as soon as possible. As long as it is in your name you are responsible if someone is injured on the property, and for HOA fees, etc. If you were ordered to sign a quit-claim, you should probably do so. You should probably contact their attorney and...

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  10. How many times can a petition to modify be filed in AZ?

    Answered over 1 year ago.

    1. Alexander Stephen Fasching
    2. Judd S Nemiro
    3. David Alexander Browde
    3 lawyer answers

    You can file to modify custody at least once a year, or once every six months if you can show the child may be in imminent physical or mental danger. It sounds like he is harassing you with constant and frivolous filings, and the way to stop this is to either request fees and costs next time he files - this will mean he has to pay for your attorney if you get one to fight for you and it is found he has once again filed frivolously. It doesn't take much before this becomes financially...

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