Am I entitled to access to an apartment I pay part of the rent for even if I am not on the lease?

Question:

Am I entitled to access to an apartment I pay part of the rent for even if I am not on the lease?

I have lived with my daughter in an apartment since November 2012. I am not on the lease, but pay 1/3 of the rent and utilities. We agreed I would move out in August. Recently we had a fight and she told me she wants me out now. She even called the police to have me removed, but they said since I pay rent they can’t make me leave. She asked for the house key I have, because she was going to get a copy made. I told her I would get a copy made, because I think she is planning on not allowing me to have a key at all, and she said she does not give me permission to get a copy made. If I give her the key back and she does not get a copy made for me, what can I do? Do I have the right to have a copy made without her permission? Also, there are two locks on the door, but only one takes a key so she can lock the one without the key to deny me access. I have a 2 1/2 month old child and have nowhere else to go until August. Someone said I could call the police to force her to let me in, is this true?

Answer:

Regardless of rather or not you are on the lease, she needs a court order to force you to move. Her options include either a Forcible Detainer (eviction) or Order of Protection. Both actions have certain requirements.

However, if you and her are not getting along, I would suggest that you find somewhere else to live as quickly as possible.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Glendale family law attorney Patrick Sampair’s answers on Avvo and be sure to check out his family law page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

Could my mom call the police on me if i were to pick up and just leave without telling her?

Question:

Could my mom call the police on me if i were to pick up and just leave without telling her?

I’m 17 and can’t stay at my mom’s house anymore. It’s emotional abuse thats affecting my schooling and my life in general. If I were to pick up and leave without telling her could she call the police and would they return me to her? If I were to just leave what would the consequences be?

Answer:

If your mom were to report you as a runaway and you were unwilling to live with her, the police would likely take you to Juvenile Court Dentition. You would be held there until a hearing could be scheduled with a Judge, you’re parents and likely CPS.

If the judge finds that it is in your best interest not to return to your mom’s home, or that you would likely run away again, you could be placed in foster care until your 18th birthday.

It is extremely unlikely that you would be allowed to live with “friends,” even with adult supervision. If there is any way to work this out with your mom, that is likely your best option.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

Can an ex-boyfriend subpoena medical records?

Question:

Can an ex-boyfriend subpoena medical records?

I have never been married and I recently had an abortion. My ex-boyfriend is threatening me and telling me I need to prove to him that I am not pregnant. He is claiming he will subpoena my medical records. Can he do this? I’m not pregnant, do I have to prove anything? I’m sick of being stalked. What can I do?

Answer:

Your ex-boyfriend has no rights to your medical records.

You do not have to prove anything to him. More importantly, since he is your “ex,” you do not have to answer to him or communicate with him.

You may want to go to the nearest City, Justice or Superior Court and obtain an Order of Protection.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

How Do I Fill Out My Divorce Papers?

Question:

How Do I Fill Out My Divorce Papers?

I need help filling out my divorce papers. It’s my first divorce and I don’t know where to start. How you I fill out my divorce papers? How do I start the process?

Answer:

“Filling out papers” is not the way to start any divorce action.

Many people file their own paperwork and represent themselves; however doing so without first consulting with an attorney regarding your rights, responsibilities and options is very foolish.

Most family law attorneys offer a free consultation. The Sampair Group also offers “flat rate” packages on simple uncontested cases.

Even if you have no money at all, start with a free consultation with an experienced family law attorney.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

How do I file for custody for my two children?

Question:

How do I file for custody of my two children?

My ex-fiance has cheated on me with a guy and told me she did it for free marajiuana. She is now with the man and has my children around him. I know she has one felony warrant out of Phoenix, AZ. I fear for my children’s safety and well being. Since we do live in Arizona, which I have been told is a mothers state. The police said if she were to get arrested she gets to determine where my children go for example (her mothers). I am in need of help and all I want is for my children to be safe. How do I file for custody of my two children?

Answer:

I am sorry to hear about your situation.

While it is correct that unmarried mothers are presumed to have custody in Arizona, once Paternity is established through the courts, men and women have the exact same rights.

When there are two fit parents, the court will normally award Joint Legal Decision Making Authority (Joint Custody) and will frequently order Equal Parenting Time.

However, you seem to indicate that there are not two fit parents. If mom is using illegal substances and is a fugitive, you stand a very good chance of obtaining a court order that the children shall be in your care. You very well maybe able to obtain Sole Legal Decision Making Authority. (Sole Custody)

You need to file a Petition to Establish Paternity, Legal Decision Making Authority, Parenting Time and Child Support there in the county where the children reside.

You should speak with an experienced family law attorney right away to discuss the matter and determine rather or not you should also file for Emergency or Temporary Custody Orders.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

What can you do if you didn’t make in time to court due to an accident on the road, when fighting an order of protection?

Question:

My ex-husband put an order of protection on my new husband. We set a court date. This morning when arriving to the court house an accident on the freeway closed the whole I-10 and we were late. They had the hearing without us and because we weren’t there it was confirmed. What can we do?? Can we get another hearing??

Answer:

You can immediately file a Request for another hearing, stating why you were late and what time you arrived at the court.

Time is of the essence.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix family law attorney Patrick Sampair’s answers on Avvo be sure to check his restraining orders page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/

How hard is it to convince a judge to allow children to relocate with the other parent to a different state?

Question:

How hard is it to convince a judge to allow children to relocate with the other parent to a different state?

I currently live in Washington and my children live with their dad in AZ, I gave him sole custody which was a mistake for they are not taken care of. Always eating fast food, and the apartment is always dirty, laundry piled up in the living room higher than my 6 year old. Some times my 11 year old wets the bed due to a small bladder and it concerns me that this laundry sits there for weeks. The laundry is only done if my 11 year old does it. I deal with my children telling me they don’t want to live with daddy, and my 11 year old says she has nightmares that she has to live with daddy forever. I have visitation, but would like to change this. HOW?

Answer:

In order to change the existing orders, there must be an ongoing and continuing change of circumstances, or you would otherwise have to convince the court that it is in the children’s best interest. This is not always an easy task.

I would encourage you to meet with an experienced family law attorney to discuss your options. Many firms, such as The Sampair Group, would not charge you for an evaluation of the situation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo be sure to check his Glendale family law page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/