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Patrick S Sampair

Patrick Sampair’s Answers

1,298 total


  • When a child is born to unmarried parents (AZ) and no custody order established, does the mother have all legal rights?

    Patrick’s Answer

    Yes unmarried mothers are presumed to have sole rights. However once a judge issues an order of paternity, father may have the same parental rights as mother.

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  • I possibly have a great job opportunity in another country, is it possible to move?

    Patrick’s Answer

    Permission for Relocation is defined in https://www.azleg.gov/ars/25/00408.htm and is extremely difficult to achieve. The first step is to meet with an experienced family law attorney to discuss the feasibility of your case.

    Although we have won relocation cases to other states and countries, it is very difficult. Best wishes.

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  • I am looking to modify legal decision making and parenting time?

    Patrick’s Answer

    The reasons you list are very helpful. However you need to consult an experienced family law attorney. You already made the mistake of not using a lawyer the first time. Do not make that mistake again. Most of the lawyers on this site provide a free consultation

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  • I purchased a home in AZ in 2004. Home was awarded to me in 2010 from divorce.

    Patrick’s Answer

    The rental home is yours unless she has her name on the deed. However, if community funds or efforts were used to pay for or maintain the property the marital community may have a lien on the property. The disability is yours. You will likely need an experienced family law attorney if you proceed. Most of the attorney's on this site provide a free consultation.

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  • Is there anything that can be done to change parenting time when the other party doesn't want to?

    Patrick’s Answer

    As long as it has been more than a year since the last order she can modify if there is a change in circumstances. I suspect she will need an attorney. She should consult an experienced family law attorney. Most att5orney on this site provide a free consultation

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  • Does my daughter have to accommodate all the FaceTime requests from her ex?

    Patrick’s Answer

    Your daughter should immediately consult an experienced Family Law attorney. If she is scheduled for trial in May and these issues are coming up now, how she handles them is critical to her case. I am guessing that FaceTime calls are just the tip of the iceberg. If she does not have a lawyer she may be in over her head. Most attorneys on this site offer a free consultation

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  • How much does it cost to get a divorce and what can I do to get it srared?

    Patrick’s Answer

    The cost of your divorce depends upon the facts of your case. Are there community assets? Do both of you agree on legal decision-making and parenting time issues? Would child support be ordered? Retirement benefits or houses? The best advice I can give you is to contact an experienced family law attorney. Most of the attorneys on this site provide a free consultation

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  • If I volunteer for child support for 3 babies can she still keep my kids from me ?

    Patrick’s Answer

    In AZ:
    1. Fathers have the same rights as mothers with regards to parenting time. Equal parenting time is the very common;
    2. Time with your children is not contingent on paying child support;
    3. Both parents have a responsibility to support the children;
    4. Both parents normally have equal decision making authority regarding major decisions.

    Know your rights. Talk to an attorney right away if divorce appears imminent.

    Best wishes

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  • How can I file for legal custody of a child that was abandoned by both parents?

    Patrick’s Answer

    Your grandmother would have to file a Petition in Family Court for a third party legal decision-making/parenting time order. These are fairly complicated documents and it is likely that she would need a lawyer. Most of the lawyers on this site provide a free initial consultation.

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  • Is there a way i can pay a settlement amount to pay back child support?

    Patrick’s Answer

    Your question does not indicate whether the child, now living with you, is a minor. if so, the other parent may now owe you child support. There are payment plan possibilities for back child support but there is no specific program that allows you to pay a certain amount with the balance forgiven. You do have the ability to negotiate with your ex to accomplish that. You should talk to and experienced Family Court Atty. about this matter. Most of the attorneys on this site provide a free consultation.

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