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Marc J Victor
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Marc Victor’s Answers

61 total


  • Is anyone legally responsible? Are they covered under the "Baseball Rule"? Or does that only apply to MLB teams?

    I suffered facial fractures and stitches from being hit by a foul ball at A Celebrity Softball game.

    Marc’s Answer

    I’m sorry this happened to you. Although I believe that assumption of the risk will, at the end of the day, defeat any claim you may have, you always have the option of discussing your case with a personal injury attorney at no cost to you. Depending on where you were sitting, and possibly other circumstances, you may still have a claim.

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  • Questioning liability & compensation from surgeon and hospital?

    I have two situations, one stemming from another, both medical in nature. Was recommended a cervical surgery from a non-fault accident that failed within 60 days and placed back in hospital for a second surgery and 23 days in hospital. During seco...

    Marc’s Answer

    I’m sorry this happened to you. As previously discussed, Medical Malpractice cases are extremely fact intensive. Thus, the best approach at this time would be for you to: (1) listen to your doctor(s) and follow their care plan so you can get better; (2) preserve all your medical records and request any you don’t have; and (3) set up a free consultation with an injury attorney.

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  • Can they reopend a case after dismissed by the judge for possession of dangerous drug? if the officer didnt show up

    if and officer did not show up and the case was dismissed can they reopen that case

    Marc’s Answer

    I agree with the other comments. However, the state gets an additional 6 months to refile if it was dismissed without prejudice.

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  • What is an injunction against a Parenting Plan? Do parents on Social Security not have to pay court ordered payments?

    My ex and I have a Parenting Plan that we both signed in May 2015. Since then my ex has been trying to get it thrown out. Maricopa County Superior Court Judge, told my ex he had to wait for one year to refile for a new Parenting Plan. He then f...

    Marc’s Answer

    An injunction is a court order to stop something. It sounds like your ex is trying to get around the judge saying he has to wait to modify the order, which most likely will not be successful. If your ex is not compliant with the current order, you can file a contempt/order to show cause petition with the court.

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  • Will I violate the parent plan, if I refuse to allow him to take our daughter if he is not providing me his new address?

    In my divorce decree it states that if either parent moves we need to provide the other with the address. My ex recently moved. He moved in with his girlfriend. When I asked him for the new address he said it was a temporary address because his na...

    Marc’s Answer

    You need to comply with the court order. That being said, he has to tell you where he is living when the child is with him. So what will happen? If he comes to get the child and you say , not until you tell me where you are living, will he call the police? Tell police the scenario. You will be violating the order, but, in my opinion, the violation is justifiable.

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  • What rights do I have if my child's mother continues to allow my child to fail his classes?

    My son is twelve and his mother and I have been divorced for 10 years. We have joint custody and he stays with her Monday-Friday and with me on the weekend. He is failing school and after trying to get on the same page with his mom, there is just ...

    Marc’s Answer

    You should file a Motion to Modify the existing custody arrangements. The child needs to reside primarily with you so you can be more proactive with his education.

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  • Is it COMMON for a family court judge to order a release of medical information to look at substance abuse history/ used?

    New family court custody case, ex stated he took urine testing for months to prove he is clean. Will a judge validate the information he provides to the court to make sure it he tested/

    Marc’s Answer

    If the court feels that drug/alcohol abuse is an issue in the case, the judge will order testing (urine or hair follicle) and possibly an evaluation. The court ordered test results will be provided to all parties. Historical testing is not usually relevant. It's always best to consult with a family attorney in these matters.

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  • What are the odds of relocating from Arizona to Oregon? The non-custodial parent claims she will contest the move.

    Received a great job offer in Oregon, would like to relocate from Arizona with my two children. Since the divorce ten years ago, I've always retained physical custody and the children would visit their mother a few times a month. The city in Ore...

    Marc’s Answer

    Can't give you "odds". It all depends on the reason for the move. If you need to move to improve your situation and that of the children with a better job or an education program, your chances are better. You will also have to show that the non-custodial parent will still be able to have significant contact with the children.

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  • Did we submit A.R.S 25-513 wrong? How do we get this information? Should we just guess based on her income 5 years ago?

    My husband is filing child support modification against his ex. They got divorced five years ago and when the original child support order was made his son was in day care all week. He has not modified the original court order since and the kids...

    Marc’s Answer

    ARS 25-513 can only be used to identify and locate an individual, see ARS 25-513G. You can’t get income information. You need to file a modification as to child support and estimate your ex’s income. Your ex will have to provide income information as part of her Affidavit of Financial Information. It would probably be best to meet with a family law attorney in this matter.

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  • What legal steps do we need to take emancipation, custody or guardianship?

    My niece is 15. Her mother is a severe alcoholic and now possible drug use is suspected. She signed over temporary guardianship of our niece for three months stating that she would be going to rehab during that time. She never went and is now wors...

    Marc’s Answer

    You need to file a Dependency Petition with circuit court. You will allege that the parents are unfit and/or unable to care for your niece. Notice will be given to both parents and they will have the opportunity to deny your allegations or consent. The judge will appoint attorneys to represent the parents and the child. The issues of custody, placement and visitation can, hopefully, be resolved without the necessity of adjudication.

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