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Harry J Lenaburg

Harry Lenaburg’s Answers

211 total


  • I am seeking joint phys. custody with 5-2-2-5 custody schedule, could a Judge see this as reasonable or am i asking for to much?

    I am a father of a 9 month old baby girl. I live in phoenix Arizona and the mother lives in Tucson, Az. Two weeks after our daughter was born we verbally agreed that the baby would spend weekend with me while her mother worked Friday- Sunday from...

    Harry’s Answer

    I would add to the two prior answers that distance may be a factor in a court's determination of the reasonableness of a parenting plan.

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  • In what situations am I required to pay alimony and child support? Also if I have a felony will it be hard to get 50 50 custody?

    I want full custody of my son but I dont want to take him away from his Mom completely. I have a non violent or drug related felony. My ex has been on the run from police for two years for an extreme dui.

    Harry’s Answer

    Under your scenario I really suggest that you should consult with an experienced family law attorney in your area. As Mr. Rutolo indicates in his response, the language of these cases has changed.

    The issue in every parenting time case is what will be in the child's best interest. If you are now, and have been clean for a while, that helps you. If Mom is "on the run from the police", then that factor is detrimental to her. All of these issues will have a bearing on a determination by a family court judge about what is in your son's best interest.

    When you do meet with an attorney you should be prepared to explain what the situation is right now. Does your son see his mom? Does mom ever transport your son? When an experienced family law attorney hears "extreme dui" they usually think about what protections for the child to request from the court, to prevent his exposure to dangerous situations.

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  • If I get a legal separation for the purpose of continuing medical insurance coverage, can it later be switched to a divorce?

    I do not want to incur double charges so can it be converted easily without lawyers and with only refiling fees.

    Harry’s Answer

    You should confer with your Human Resources Department to verify that health insurance benefits may continue to be provided in a case of a legal separation. In the past a legal separation was often employed as a means of maintaining the health insurance coverage for the non-employee spouse, however, there has recently been a move by insurers and company administrators to treat a legal separation the same as a dissolution of marriage for purposes of ongoing health insurance coverage.

    This would mean that the non-employee spouse could not be covered as before, but would be required to apply for COBRA coverage, just as in the dissolution situation.

    To answer your actual question, if a decree of legal separation has been entered, then to convert it to a dissolution you would have to pay a new filing fee to the court.

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  • How much alimony, if any, can I expect to pay if my wife and I divorce?

    My wife is 62, retired, getting $1300/mo social security and $250/mo pension. I am 57 and my salary is approximately $150k/yr. Our investments return approximately $75k/yr. Our combined expenses for our life style is approximately $50k/yr.

    Harry’s Answer

    I agree with Mr. Sampair, that additional information is needed.

    That being said you should at the very least consult with a family law attorney to discuss your entire situation. There is no substitute for getting sound advice from an experienced attorney.

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  • Can i legally sign my parental rights over to family while having a current case with Child protective services

    bcgf

    Harry’s Answer

    Do you have court appointed representation in the CPS matter. If so this should be discussed with your attorney.

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  • 1. can i still retain a copy of the Last Testament and Will of one of my deceased Uncle. He died sometime in the early 80's.

    I believe my sibllings may have been Hiers but were underage at the time and my Mother never told us and kept it for herself.

    Harry’s Answer

    From the way you ask this question it sounds as if the will was never probated, and you have the original will?

    If that's the case, then the issue is whether or not the assets have already been distributed through either a probate where the court found your uncle intestate (died without having a will), or the properties transferred with the necessity of a probate, for example to a joint tenant with right of survivorship.

    If you simply have a copy of your uncle's will there would seem to be no problem with you retaining it.

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  • How can i find out what has been filed against me?

    i received a note on my door today from i'm assuming my son's father. i say assuming because it wasn't signed. it was a little shred of paper saying "i need to know if *my name* stil lives here" on one side and "need to serve her papers and need a...

    Harry’s Answer

    I agree with Mr. Sampair regarding the service issue.

    Your other questions need to be addressed by experienced family law counsel there in Tucson, who will be familiar with the different judges, the particular local rules and customs, and is experienced arguing cases before the local court

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  • Can my ex deny me everyday phone contact with my 4yr old daughter?

    right now my ex and I have joint legal and physical custody of our child. my ex lives out of state and we drive half way every month to pick up or drop off my daughter, and she stays a month at a time. in our agreement it is stated that meaningful...

    Harry’s Answer

    I agree with the response from both attorneys. There is no substitute for representation by experienced counsel.

    You should be prepared to ask the court to designate a window of time, for example 6:30 p.m. her local time every evening as a time when you may call.

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  • My mother-in law has a life estate and my husband is named as one of the tenants in common, in divorce do I have a right to 1/2?

    I live in AZ, Husband is working in NY living in his moms home and she has a life tenant deed with 4 kids as beneficiary. In our divorce am I entitled to 1/2 of his interest in the home when his mother passes?

    Harry’s Answer

    I agree with Mr. Browde, although I am not admitted to practice in New York.

    In Arizona, a community property state, the general rule is that an inheritance remains the separate property of the spouse who receives the inheritance. Now there are ways that an inheritance can be converted from separate property to community property, but it is extremely doubtful that that would occur in this context.

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  • In AZ physically caring for 13 yr old granddaughter, mother deceased, bio father refused to give guardianship or support child.

    At what age can child decide who to live with, she has lived with me since her mother's death over 9 months, (and during her early years from birth to 3, parents never married) she has never lived with bio father. he is unable and unwilling to sup...

    Harry’s Answer

    You may also consider the Title 8 option of filing a dependency petition in the Juvenile court. There is no substitute for at least speaking with an experienced attorney for either the "in loco parentis" family court petition or the Juvenile court dependency petition. As Mr. Woodnick suggests, a local Tucson attorney would be your best resource.

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