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Jeff Adrian Biddle
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Jeff Biddle’s Answers

1,058 total


  • How can i get off the lease of a car that i cosigned after divorce became final?

    While I was married my husband wanted a porsche, his credit wasn't great so i had to cosign, we then got divorced but forgot about the porsche being cosigned by me, now my ex hasn't returned the car and lease agreement ended and has not paid any m...

    Jeff’s Answer

    By now, it is probably already affecting your credit. Your best course of action may be to file an enforcement action in divorce court to have the situation taken care of. Without seeing the decree, though, it is hard to know what remedy you may have. If your credit has been damaged, you may be able to get damages.

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  • Do i have a legal right?

    I am a married woman and had an affair. Result of said affair was pregnancy. My husband has decided to stay and raise child as his own. I do not wish to seek any child support . i would just like to establish paternity

    Jeff’s Answer

    If you are trying to establish paternity with the biological father, then you could file a petition to establish paternity. By doing so, though, the court (and the father) will typically request parenting time and child support will be ordered. You could waive support if it is in the child's best interests. Alternatively, you could have your husband adopt the child. It's not clear why you just want to establish paternity only. You should talk to an attorney and get ALL of your questions answered regarding this issue. :)

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  • Can I serve an order of protection by publication

    I have an order of protection against my ex and he's evading service. Can I serve by publication ?

    Jeff’s Answer

    Generally no. You are going to have to try to serve him in person by any means possible before you ask the court to serve by alternate means. Even then, it's highly unlikely that publication would be allowed. Alternate service in this type of situation would likely be by posting the order on the door to his residence or serving someone at his employer. A private process server may be more effective at personal service than the sheriff if that's the only way you have tried so far.

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  • Can cps take my kids from me for my spouse relapsing on drugs?

    My family has found out that my husband has relapsed on drugs after 6 years. They have threatened to call cps on me if I didn't bring the kids to them or my mom. Being scared, I grabbed my kids and we have been staying at my moms. My kids are aski...

    Jeff’s Answer

    I agree with my colleagues. Your best course of action would be for him to find somewhere else to live while he is taking care of his dependency issues or for you to continue to support him from your mother's house. I would allow him to visit with the kids at a safe place, like your mother's house, just to make sure that everything is safe in the event that someone in your "family" does call CPS. If you don't let him see the kids, he could file for divorce or separation and get visitation with the kids anyway. Given the drug situation, though, he may only get supervised visitation until he has proven to the court that he is not currently using.

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  • Does a biological aunt, uncle known as grandparents, have any rights for two minor children being given away by their mother?

    I am the aunt (maternal) of two girls ages 3 and 4. The Mom, my niece, is giving them up to someone and refuses to let the family raise them. Fathers are unknown. One father took a dna test and is not a match. Second father, not know. Mother has ...

    Jeff’s Answer

    This sounds more like a guardianship situation than an in loco parentis from the facts you have stated. I can't tell how involved you have been in the children's lives from what you have stated but if the mother isn't going to be caring for the children and is giving them to someone else, then guardianship should be established for either the family she wants to give them to or you. By establishing guardianship, you will have to prove that you are the best place for the children to be raised. The other family should want to establish guardianship, too, if they want to raise the children. By doing so, you will be allowed to make medical and educational decisions for the children. Contact an attorney to determine the best course of action.

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  • If my Neice gives her minor children to a friend, does family members have any rights to them?

    My Neice is giving her two girls away. Fathers are not involved. Does the family, have any rights to the kids? The family she wants to give the kids to, is a alcoholic which gives us concern.

    Jeff’s Answer

    I agree with my colleagues. If you are concerned for the safety of these children in the environment that Mother is placing them in, someone who wants to care for the children should file for temporary guardianship of the children. Contact an attorney to determine the best option for you and if you might want to consider involving CPS in the situation.

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  • How old does a child have to be to choose where they want to live?

    My step daughter lives in Denver... she'd like to move here... To AZ... But get Mom keeps telling her that "by law"... she can't choose till she's 18... this can't be true... Is it? My step daughter is 14.. almost 15

    Jeff’s Answer

    As my colleagues have noted, there is no set age where the child gets to choose but their wishes are given far more weight as the child approaches 18. In fact, I've not seen a case where a 17 year old has been forced to go to one parent's house if they don't want to. Since your child is almost 15, her wishes would be given a LOT of weight but the court would also consider a list of other factors before determining if it is appropriate for her to move to AZ with you.

    Also, as the other attorneys have noted, if she has resided in CO for more than 6 months, Mom could register an Arizona custody order in Colorado and take the fight there. I'm not saying she would win in Colorado, but she could try to take the case there.

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  • Can I prevent my daughter from having to visit her father's apartment while it is infested with Bed Bugs?

    My ex-husband's apartment is infested with Bed Bugs. My daughter was there the other day and came home with bites. That is how I found out about it. My ex then told me that yes he has them and he has killed several that he has seen. He does no...

    Jeff’s Answer

    You could file for an emergency temporary order restricting his parenting time until such time that the bed bug issue is resolved. It's not a guaranteed winning petition but she could potentially catch some disease from the bed bugs when they bite her. In the motion for temporary orders, I'd include pictures of the bites and also be specific in your request that you're not seeking to completely deny parenting time, just that no parenting time should happen at his residence until the bed bugs are taken care of.

    As an alternative, you could call CPS and indicate to them that he is placing the child in danger by keeping her in a residence with a bed bug infestation. If they find bed bugs there, they may restrict his parenting time until he takes care of the issue, too.

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  • Sons mom won't let me see my son and keeps disappearing

    Me and my ex had a baby and she won't let me see him I been to des and they said I can't do nothing since I'm a guy ..any help

    Jeff’s Answer

    I agree with the other lawyers. You definitely need to file to establish paternity, legal decision making, parenting time and child support. If she is on the run and hiding, it will be difficult to serve her with the papers but it will also be on record that you are trying to assert your parental rights. Finally, you should register with the putative father registry.

    http://www.azdhs.gov/documents/licensing/vital-records/correction-paternity-claim.pdf

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  • Can a Father who has been in prison for 10+ yrs be awarded an custody to his kids when he gets out of prison?

    My children's father went to Jail when my son was 1, but posted his bond & was able to get out. I ended up getting pregnant while he was out with our daughter, but before she was born he missed his court date and went on the run for 2+ years. When...

    Jeff’s Answer

    It would be tough for him to get any appreciable parenting time after being in jail for 10 years. Add to that that he is a flight risk and he'd get supervised parenting time at best until he can prove that it is safe to allow him access to the children. You could petition to sever parental rights in juvenile court and, if successful, he'd would have no rights to the children and could not petition for parenting time. He'd likely be appointed an attorney to represent him in the termination case, though.

    The other, far easier option, would be to file for sole legal decision making and no parenting time. With him in jail, the court would likely grant this request. Then, when he gets out, he can petition the court for parenting time but it's unlikely he would be given joint legal decision making authority after such a long absence. He would likely get supervised parenting time after he completes some therapeutic reunification with your kids. In a parenting time case, your daughter should probably be interviewed to determine if she even wants parenting time with him. From your comment, your kids seems to be appear to be about 12 or so, so they would definitely be old enough to articulate their wishes to the court.

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