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Patrick S Sampair
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Patrick Sampair’s Answers

1,118 total


  • Can mothers request to domesticate a foreign judgment be granted?

    Mother moved from AZ to NM with child without permission from father or family court. Mother also went against court order by stopping all father's parenting time and all communication with child as soon as she moved. Father submitted petition t...

    Patrick’s Answer

    I would recommend a little different strategy. It is not that important that the Judgment is domesticated in NM. It is important that it not be enforced there. Because the Judgment has been originally rendered in Arizona, Arizona continues to have exclusive Jurisdiction whether she Domesticates the Judgment in NM.

    She may be thinking that she can get NM to hear the case. However when she files something there you will have to respond with a request under the Uniform Child Custody Jurisdiction Act claiming she wrongfully removed the children to NM and therefore Nm should decline Jurisdiction. All of this is a long way around and does not guarantee you see your kids soon. Filing a Petition to Enforce Parenting Time is one way to go. However it should be accompanied with a Petition to Modify Legal Decision Making, Parenting Time, Child Support and an Emergency Request to Return the Children to Arizona.
    The Petition to Enforce can only find her in Contempt and perhaps issue an Arrest Warrant. I think you need more. You should contact an experienced Family Law Attorney asap. Most Family Law Attorney's offer a free consultation.

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  • Can she take my son out of state during the paternity process? Can I file some kind of motion to stop her until

    I had an affair with a woman who was married. She became pregnant and had a boy (my son) Initially she was going to leave her husband and spent a year dragging this out. During that year I would see my son when ever I could but mostly during the d...

    Patrick’s Answer

    • Selected as best answer

    Generally a party cannot relocate out of state during a pending paternity case. "Pending" means that the case has already been filed and served upon her. Have you done this? Also you may have had to add her Husband's name to the case as he is presumed to be the legal Father of the Child. Have you asked for a DNA test in your court action? This kind of case presents many issues including an appropriate parenting plan. A Parenting Conference may be needed if the DNA proves paternity. You have a complicated case. You should consult an experienced Family Law attorney. Many firms on this site provide a free consultation

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  • I found that my ex has had his sister take our son to doctors. I can I prevent this from happening in non-emergencies?

    I was denied change of domicile of my ten year old son four months ago even though my ex is a drug addict and convicted felon. Judge would not here testimony or allow me to question on my ex's drug abuse since it was irrelevant to the case. I was ...

    Patrick’s Answer

    Your question is a little confusing. If you are asking how to get information regarding non-emergency medical care for the child, Father is required to give it to you assuming you have Joint Legal Decision Making. If he does not do so then you can file a Petition to Enforce Parenting Time Plan. The same can be said about travel plans assuming he did not comply with the Notice provisions of the Parenting Plan regarding travel.

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  • How can I get this upcoming mediation for enforcing visitation to drop if I'm changing venue to another state?

    I have sole legal custody of my daughter. Her father only requested one day out of the month at my discretion. Meaning I pick the day and how many hours. He has absolutely no custody. I moved out of state and it has been 4 months and he filed with...

    Patrick’s Answer

    One unanswered question. Generally you do not have a legal right to relocate the child to another state without providing the statutory Notice of Relocation to Father at least 60 days prior to relocation. The Notice must be in writing and served on him by certified mail or process server. It does not matter if you have sole legal custody. I bring this up because you indicated that you have a pending enforcement hearing. I am not sure what the Court will say at that hearing without knowing if you complied with the Notice requirement. However you may find an even bigger problem at that hearing if you are unprepared. You had best seek the advice of a Family Law Attorney. Many attorney's provide a free initial consultation.

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  • How are the number of years married determined for purposes of Spousal Support?

    For alimony purposes are the number of years married in full years or does a partial year count because I will have been married for 6 years in April, but I believe my husband is trying to file for divorce/separation in January/February timeframe.

    Patrick’s Answer

    The number of years of your marriage are only one factor in considering whether to award spousal maintenance and if so how much and for how long. The number of years of your marriage are only one factor in considering whether to award spousal maintenance and if so how much and for how long. The longer the marriage usually means the longer the duration of spousal maintenance. However you should not put much weight on the difference between today and for five months from now. in the case of spousal maintenance especially with the marriage a short ration such as yours, you should contact a family law attorney immediately to discuss your rights. Most attorneys on the site provided free consultation.

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  • Getting divorced and have about $100k in wives jewelry, is that community property to be split in the divorce?

    My wife had an affair and we are getting divorced. We have about $100k in my wife jewelry (and we had on our homeowners insurance policy), is that community property to be split in the divorce? If so, then also what about the engagement ring sin...

    Patrick’s Answer

    In general the engagement ring is treated as a gift and therefore would not be returned to you as a result of the divorce. The jewelry would have to be viewed on a piece by piece basis. However many, if not most, of the judges would not divide the jewelry if it as a gift from one spouse go the other during the marriage. You should consult an experienced Family Law attorney as is appears that there may be substantial assets and other issues in your divorce action. Many of the lawyers on this site provide free consultations.

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  • Is there anything I can do to see my daughter while proving paternity?

    My ex girlfriend and I have a daughter in common, unfortunately our relationship failed. I had been seeing my daughter pretty much 50/50, and I just filed court paperwork to prove paternity today. However, my ex is not not responding to me and is ...

    Patrick’s Answer

    You state that you filed paperwork to prove paternity today. You need to file a Petition to Establish Paternity, Legal Decision Making, Parenting Time and Child Support and have the documents served on her by a licensed process server before she finds out what you are doing and has the opportunity to relocate the minor child out of state.

    A Petition to Establish Paternity alone will not establish your rights to make decisions and spend time with your child.

    Technically, at this point, she can legally relocate your child, however, serving her with the above mentioned documents before she relocates will greatly increase your chances of the Judge ultimately ordering that the child be returned to Arizona.

    At this moment, because you are not married, she has total control of the situation at this point. It is important to note that once the Judge rules that you are the legal father, you will likely be entitled to equal rights, including Parenting Time and Decision Making.

    Time is of the essence. Talk to an experienced family law attorney. Hire a professional if you can. Get her served with the correct papers.

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  • What are the first steps to take against the father of our grandchildren to keep him from keeping them from us?

    our daughter has been going through some rough times, the father of her children has kept them from her for quite some time and has made it difficult for her to see them. Now he is doing the same thing to us. He told us we could have the children...

    Patrick’s Answer

    You are able to file a petition to establish your grandparent rights. I find it a little interesting that your daughter cannot exercise her rights. Is there a parenting plan in place already? If not perhaps both of you should file. In any event, you do have the right to file that petition to establish grandparent rights and then the father will be forced to follow the court order. Many attorneys on the site offer a free consultation. You should consult a family law attorney and determine what rides are available to you.

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  • Can he control who the kids are around even if they are in no harm? Is it against the law to have my boyfriend around my kids?

    I am 25 years old. I have two kids ages 3 and 2. Their father and I have been apart for a year. We were together for 6 years but never married. I have a new boyfriend whom I use to date back in high school. He goes to school, has a good job and do...

    Patrick’s Answer

    Unless you have a Court Order that restricts who you may have your children around, or gives the other parent the right to restrict who your child can be around, your ex has no say in the matter. This is America and as long as the new boyfriend is not posing a risk to the children or causing the children difficulty in adjusting to a new person in your life, there is nothing your ex can do. Even if there is such a restrictive Order, you can probably seek a Modification of that Order. Many ex's have a harder time adjusting to new people in their ex's life than the children. However adjust they must. I really think your ex might be bluffing about taking you to Court. If he does and cannot provide a good reason to restrict the children's access to the new BF, he will likely lose and may (up to the Judge) have to pay your attorney's fees for bringing such a claim. The good reason has to be more than just "I do not approve." He would have to prove to the Court that the BF is in some way detrimental to the health, safety or welfare of the children.

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  • If i am an out of town parent with joint custody can they fill for full custody with the courts near them

    I have joint legal custody of my five year old daughter. While her father has temporary physical custody,she has missed 2 weeks of school so far and has gonevdays without eating lunch due to his failure to return paperwork. My child also says his...

    Patrick’s Answer

    Your question is a little short on facts. You said he has temporary physical custody. That statement implies that there is an ongoing legal case involving your child where the judge let Father have temporary physical custody. In that case there is no other court that would take the case. If the case is already concluded then the state in which it was brought continues to have exclusive jurisdiction over the child custody matters until some other state gets involved which is a fairly complicated matter. Was there a case in Arizona and is it concluded?

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