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William P Sargeant's Answers
- 109 Legal Answers
- 1 Legal Guide
2
Attorney answers:
We need an advice how to get an appeal to visit our son
Access to your son, an inmate, is controlled by the Arizona Department of Corrections. Appeal through the court system is not available. You must first follow the procedures established by the department. If you have not already done so, a letter needs to be written requesting the visitation. If that is denied, you need to proceed through the established administrative procedure. It is probably worthwhile to employ a lawyer familiar with criminal law and DOC procedure.
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Attorney answers:
Custody and domestic violence?
Yes, it could be used to limit your ability to have parenting time with the child and could obtain the dv information from court records. You would need to be prepared to prove to the judge that it was in the past and not likely to happen again.
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Attorney answers:
Questions on Sole Custodian relocating with minor child
There is no formality required in your letter but you must clearly provide the information as to the date of your move, where you are moving and your intent to relocate the children. If the other parent does not file with the court to prevent your relocation, you may move. If you are certain that it will be contested, you could file your petition to allow relocation as a means of speeding up the process.
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Attorney answers:
Divorce and Guardianship
Since you admit that neither of you are stable enough to take care of your children, if he agrees, you could enter a written agrement and file it with the court that you be granted joint custody with visitation and parenting time determined by the guardians, that the court make no child support provision until dismissal of the current guardianship. there could be other approaches but that would seem to work.
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Attorney answers:
What is the statue of limitations to vacate a default divorce decree???
There is not, as such, a statute of limitations but the Rules of family Law Procedure, Rule 85, sets forth times for filing a Motion to set aside or amend for various reasons. The longest time given is 6 months.
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Attorney answers:
I dropped a dirty ua for cps and now they took my 3 week old it was my 1st dirty and we both were clean at the hospital hows thi
Have your relatives contact the case worker offering to take the child. You must be kidding about the one dirty UA. Why would you think that was wrong. It proved you were a substance abuser. Get real and start doing all the things that CPS will ask of you.
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Attorney answers:
What is the diffrence between a special action and an appeal? is there a specific timeframe a special action have to be filed
A Special Action is a means of obtaining "intermediate" appellate relief- before an appeal would be available. Once an appeal is available - a final Judgment has been entered, the only remedy is appeal which is twenty or thirty days depending upon which type of proceeding it is.
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Attorney answers:
I was married, during my seperation, I had a child in Nevada & Arizona...
Your question did not make clear which state was the home state so the answer can only be general. Your declarations should be valid as between the two of you. that does not prevent your husband from contesting paternity by sayingg that the presumption is that he is the father and wants dna testing. You did not mention child support and a visitation which should be handled through a paternity action.
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Attorney answers:
What can i expect in a parenting confrence?
Lawyers cannot attend the conference. It is for the parents and the child if old enough (12). It is mediation about custody and parenting time. The mediator will ask for each of you to propose plans and try to make suggestions to reach an agreement. there is nothing in particular you could bring. It is informal and not time to present proof. In order to reach agreement, each of you must be willing to compromise a bit.
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Attorney answers:
I live in AZ, where my child was born. The father resides in NV. Which child support laws will apply when I file in AZ?
Many essential facts are missing from your question. such as how long you and the child have lived in Arizona continuously. Under the UCCJEA, the state in which one parent and the child have lived for the longer part of the past year is the home state. In other words, if you and the child have lived in Arizona for the past six months and one day, Arizona is the home state, the place to file, and the law that applies.
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