Arizona Recent Legal Answers from Lawyers

Yes, you can have them stay with you but proper legal authority is advised since Father will be in jail and Mother is deceased. A POA is meant more for temporary situations and may not be the best, especially if an important medical, educational, or legal decision needs to be made. A guardianship or third party rights order may be more appropriate.   Please call if you would like an initial consult to discuss what may be more appropriate for your situation.  Depending on the complexity, we provide full representation or consultation only with document preparation.   Marie Splees Zawtocki... Read More

The publication will be of documents required for your case.  You do not have a lot of choice in what the words are as there are standard requirements. You did not state where you have to publish.  Some locales have a couple of newspapers you can choose from and the lowest cost paper may be appropriate for your needs.  Some newspapers may provide a small discount for the disability/income issue.   Unfortunately, some charge a significant amount. It may be cheaper to take the time to locate the person and serve them.  You can ask the court for permission to use alternate means which could include social media in some cases. Marie Zawtocki, Attorney    ... Read More

I don't know what County you are in. I practice in Maricopa and Pinal Counties.  Both have services that are affordable or minimal cost. In Maricopa there is the FLAP program and the Modest Means program. I offer an initial 1/2 hour consult at no charge, or a full hour at $100.  We can review the papers you received, review a Response if you have started one, and advise you on available services if your case is in either Maricopa or Pinal. Marie Zwtocki Attorney  ... Read More

Yes you can get a divorce as a no children divorce, so long as your daughter is out of high school and does not have any disabilities that qualify for extended years of support.   Efforts will need to be made to find him for service, especially if you own real estate.  Sometimes this is not that hard.  We work with an investigator who can help, if needed. If he can't be found for direct service, publication can be used for service.   We can provide assistance through full representation or in reviewing documents and helping you understand each step of the process.  Please contact us if you would like an initial consult.  There is no charge for the first 1/2 hour.   Marie Zawtocki Attorney ... Read More

You can try contacting the insurance company or employer's human resource department directly and explain what you need.  They may want a copy of the Court Order and your identification. Or you can file a Petition to Enforce in Court.  Make sure you ask that he pay your court costs. Are you using Child Support Enforcement Services through the DES office?  You can be their client if you are ordered to receive support. Finally, if you are back in court to modify support, you can ask that he be required to provide insurance, but that he not get credit for it for any periods of time he does not provide you the insurance cards.   Sometimes, having an attorney write a letter can also help.   Call if we can help with any of the above.   Marie Zawtocki Attorney at Law... Read More

You have several issues to address. First, it is important that you have current orders that are in your child's best interests.  Father has already been in jail for about 7 months.  How much longer will he be there?  Would it be safe for your child to be in his care when Father gets out of jail?  Usually, any child support order stops when the paying parent is in prison, but the new order can make clear that father has to notify the court and child support office when he gets out of prison (or jail).   Child going to prison or jail to visit Father:  a lot of factors are considered on whether it is good for the child to visit his father or not.  Your opinion on what is best for the child needs to be considered.  If it is best for the child to have some contact with Father you will also have to consider who should take the child for the visit.   As to the rights of a grandparent:  A grandparent typically does not have the right to force a visit by the child with father at prison, or anywhere else.  A grandparent may be able to obtain rights for the grandparent to have visits with the child.  The Court will consider what is best for the child and will consider if the grandparent and child had a prior relationship.  The Court will also consider if the grandparent will respect your wishes and follow the court orders.  The grandparent cannot bring the child to Father to the prison or jail unless the court order allows it.    To modify your order, we can help you through full representation or helping you with document preparation.  If you are served with a filing for grandparent rights, I would urge you have those reviewed by an attorney.     Marie Zawtocki, Attorney at Law Mesa, Arizona... Read More

Your message did not include dates of marriage and other details.  If the situation is straightforward, and you both agree, there will still be some court timelines to address, but your case should move through the court promptly.   If you would like legal representation or consultation with document preparation, please call for an appointment. Marie Zawtocki, Mesa, Arizona... Read More

Being detained by Immigration will usually make a petition for fiance visa or permanent residence harder than usual. Whether you can still apply for a fiancé petition will depend upon what happened or happens when he is detained by DHS. You may wish to consult with an immigration lawyer with full details of everything that has happened to your boyfriend. If you have papers, you should bring them along to the consultation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Mr. David, you should propose a settlement with the other party and or discuss your case with a Family law Specialist to go over your possible options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read More

Yes, although some small claims courts transfer cases  to other courts if a party has an attorney representing him/her/it.  If your local small claims court is one of these, the case could be transferred to another court since an llc can't represent itself, but must use an attorney.  From what you've written though, I would guess that the llc has no money with which to pay you. ... Read More

Hey Cora, parental kidnapping kicks in when the court establishes parental rights, and non-custodial parent or custodial parent heist the child without notifying/informing the courts or the other parent. Therefore, you will not be committing parental kidnapping until the matter goes to court and you hide away, run away with the child. The child is not born yet, so there is not much that can be done. You will have to wait till to see what you want to do. If you are not married, you can deny putting him on the birth certificate and even deny that it's his/her child. It will be up to him to establish paternity and go through the legal system to gain visitation or custody. Whatever you do, just don't do anything that may affect your parental rights and put them in danger. Always consult with an experienced attorney. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

You have a strong case as long as you can prove you were honestly not served and re-open or modify the case based on that. You will, however, need a competent and aggressive attorney as reversing court decisions is really complex and requires a knowledgeable and experienced attorney. Looking forward to your call. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Arizona.... Read More

It's a shame how many fathers act when it comes to taking advantage of the law and learn to play by the rules. Despite the fact, he does not have a healthy co-parenting relationship with you, himself and his lawyer will fight to make your life miserable. I deal with such cases all the time. This is not considered a simple case and I only do complex cases like yours. I don't know what is your financial situation like, but if I were you I would get the most aggressive lawyer I can find to put this man in his place. Seriously, he has not seen the child for a long time, and I am sure he doesn't even contact you to ask about the child but as soon as you move on to start a new life or career, they become jealous and want to come in the way. I myself and my team can assist you if you like. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Arizona.... Read More

What issues are you having regarding immigration law in regards to your retirement from USA to Spain?  Feel free to give us a call for a free consultation.  Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in Arizona.... Read More

What do you mean by the children have moved to Tucson, Arizona? What is the current custody order and how old are the children? When is the court date and for what purpose? It's really difficult to say whether you should hire a lawyer or do a phone hearing. The phone hearing options are not accepted by most judges so you might want to consider that and reach out to the judge for there approval, as your attorney would do. Also, just because you hire a lawyer does not mean you don't have to show up for court date. You can request to appear by technology is allowed. All depends on your lawyer and the judge. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read More

A  section 212(h) waiver for which you have filed the form I-601 will not forgive a crime involving drugs except for possession of 30 g or less of marijuana for personal use. I do not imagine that you would win on appeal or by filing a motion to reopen or reconsider the denial unless that was the offense for which he pled or was convicted. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More