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Jeff Adrian Biddle
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Jeff Biddle’s Answers

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  • Where online can find the Notice Of Appeal Form for a Family Law case?

    Could you please tell me where online I can find the Notice Of Appeal Form for a Family Law case? I have called the Appeals court and Maricopa County Superior Court and no one knows. Thank you very much for your help.

    Jeff’s Answer

    I agree with the other two attorneys. Appeals are complex beasts and not all attorneys handle appellate cases. I do not! I refer them out to a few attorneys that focus their practice on appeals.

    Please note also that there are strict time deadlines with appeals, so acting fast is crucial. Not to sound like one of those awful infomercials but DON'T DELAY, CALL AN APPELLATE ATTORNEY TODAY

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  • Can they get me for arrears in child support, and if so how much?

    I have an 7 year old daughter with a woman, but was unsure paternity of the child. this is when my baby girl was months old. I did sign the birth certificate still months later. Than months later after i signed the BC i found out out she went to d...

    Jeff’s Answer

    • Selected as best answer

    It's not clear from your facts whether DES previously had an order for child support. If so, then it will likely not be set aside. If you both agree, you can waive arrears but DES would have to agree to waive, too, and if they are owed money then they are not going to waive what they feel they are entitled to.

    You should meet with an attorney and get all your answers face to face. I know that if I met with you, I'd have a bunch of questions and having a discussion like this on a public forum isn't the best idea. Most attorneys, me included, offer free consultations. Feel free to call to discuss.

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  • How can I take away his parental rights?

    My daughters biological father Hasn't seen her since she was 14months old. She only knows my husband as her father since he's been there since she was 5 months old. Her biological father doesn't pay child support and only sends me a message on her...

    Jeff’s Answer

    I agree. It does seem like he has abandoned your daughter. While there has been some contact, a birthday text once a year isn't likely to meet the standard that he hasn't abandoned her. The older your daughter is, the better the case is for a severance. You would just need to file a petition to terminate parental rights with the juvenile court. If your husband is willing to adopt, then you would also file a petition to adopt concurrently with the severance filing. If he is not willing to adopt, then you probably will not have his rights severed since the courts don't favor leaving a child with just one legal parent.

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  • How do I word the pleading requesting the Arizona Rules of Evidence be invoked for a contempt hearing in family court?

    I am wanting the Judge to use the Arizona Rules of Evidence for an evidentiary hearing for contempt against my ex, even thought this is in family court, I want the AZ Rules of Evidence used. So I need to know how to title the pleading and how exa...

    Jeff’s Answer

    As long as you reference Rule 2 ARFLP, what you are proposing should work just fine. In my practice, I've seen a Rule 2 Notice of Strict Compliance filed by opposing counsel that merely had one sentence indicating pretty much exactly what you stated.

    In practice, strict compliance isn't super effective. If the testimony or evidence relates to child custody issues, then the court will allow the evidence in anyway.

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  • At what point will the court recognize that my ex is in violation of custodial interference, parental alienation & child abuse?

    My ex has essential done everything in his power to keep my children away from me. I have joint legal decision making, with supervised visitation (which is not affordable). I have suggested that he be the supervisor for very limited time granted...

    Jeff’s Answer

    It is not clear how long you have been subject to the existing order. If it has been over a year, then you can request a modification of the order. It is also not clear WHY the supervision is being required. If the reason for the supervision is no longer an issue (you've been through rehab, done tons of drug tests, or whatever -- I'm assuming substance abuse) then you could try to modify sooner and the judge might entertain the motion. There are a lot of unanswered questions I have about your case before I could give you a truly educated answer to your question.

    I see that you're in Prescott. I'd be happy to speak with you over the phone but the cost of my representation would probably be prohibitive. Have you called or tried to talk to any attorneys close to you that have more experience dealing with the judges up there? That would be my first step. The web is great to answer simple questions but an actual conversation is required to answer yours because I would have questions for you and then you'd have even more for me. :)

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  • Stipulation post default divorce

    Default divorcee didn't have details in regards to 401k so I need to fill out stipulation explaining 401k etc my ex and I already agreed on how much. Do you know what the name of stipulation form or what it is called?

    Jeff’s Answer

    If you both agree on the modification to the decree, then the modification is simple and I've done a few (they aren't very common).

    You need to file a stipulated motion to modify default decree and submit that with the stipulated order for the judge to sign. Dividing a 401k is not difficult and usually doesn't require anything more from the court except a certified copy of the court order and the correct forms from the 401k custodian (Etrade, Fidelity, Schwab, etc....whoever sends you statements).

    If you have questions, most attorneys, like me, offer free consultations. I'd be happy to help you and I could do this for a flat fee if it is uncontested or stipulated.

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  • Do I need a reason to invoke Arizona Rules of Evidence and why I oppose the ARFLP in family court?

    I would like the Arizona Rule of Evidence to be used to limit the amount of time that will be used for witnesses solely testifying to hearsay, and give enough time to get to present real evidence that is not based on hearsay, and to avoid a smear ...

    Jeff’s Answer

    I agree with Shannon. Aside from following the rules on the timing of filing the Notice of Strict Compliance, there is no reason required. If you are worried about opposing counsel monopolizing the time at trial, make sure that you ask the court at the onset of the hearing if the judge is going to keep record of the time at trial to ensure that each side is given adequate time to present his/her case. Attorneys (and I'm guilty) are often guilty of monopolizing time at trial and the only way to ensure that you get your fair trial, remind the court that you want equal time.

    As far as hearsay, I've seen judges overrule hearsay objections more often than not even after strict compliance is invoked. In the judge's defense, though, it's probably because the hearsay testimony is worthless. If opposing counsel wants to spend all of his/her time on that, let him/her eat up the time. Focus your case on the issues and giving the judge all of the information that is required to rule in your favor. You don't have to attack everything that the other person throws at you, you just have to present your case and shoot holes in the stuff that they present that severely hurts your case.

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  • Can my sister return to AZ with her kids even though her ex doesn't want her to leave NY (in NY 4 months only?)

    My sister was living in AZ for four years with her kids, got divorced in AZ, and the parenting agreement was finalized there in Nov. 2014. The agreement says that both parents have joint legal decision making and the dad can see the kids anytime. ...

    Jeff’s Answer

    Oooof...that's a tangled web to unweave. From a judge's standpoint, you (or your attorney) is going to have to explain the move to NY. That's not too difficult and, since he moved there, too, the lack of consent is probably not going to be a problem. The move back to AZ is where it gets touchy. It could look like she is relocating to get away from him and that's how his attorney (if he has one) is going to paint you. There are indications that the relocation is NOT to escape the father, though. Judges have historically favored relocation for financial reasons, like her reason to relocate to NY. Were there financial incentives to move back to Arizona? As you can tell, there are a LOT of moving parts in a relocation case. You really should talk to an attorney. At this point, relocating back to AZ would not be a violation of any custody order since everyone lived in AZ at the time of the order and no one has lived in NY for long enough for NY to take jurisdiction over the case.

    Relocation cases and UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) cases are among my favorites. If you need to talk to an attorney, most, like me, offer free consultations and I would love to talk to you more about your case.

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  • Is that third party stalking and reportable to the police for an arrest?

    Have a no contact order on a man from a judge. He violated it once. He now had a friend of his look at my LinkedIn page. Which I have under a false last name and the defendant knows that. We were connected on the site in the past.

    Jeff’s Answer

    I'm not so sure that a third party looking at your public LinkedIn profile would be a prosecutable violation. If they sent you a message it might be but merely looking would be a stretch.

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  • What is needed

    Paperwork for a legal Seperation.? What is needed?

    Jeff’s Answer

    Essentially, a legal separation and a divorce are almost identical twins. Everything that you do for a divorce, you do in a legal separation but at the end you remain married but legally separated. The forms are almost identical, too, and they are available on the superior court website.

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