What are your rights as a father in Arizona? Facts regarding the Father: Acknowledged by court &amp; mother as the biological father On child's birth certificate Legally married to the mother Facts regarding the Mother who is petitioning to bring the child out of state Mother has previously fled the state, prior to a formal custody agreement (though a text-message exists for an informal agreement) Mother was told by police officers on a recording that she would need a custody agreement Mother denied the father all communication with the child Mother was ordered to return the child to the state Mother was ordered to respond to emails within 24 hours, among other orders. Mother has disobeyed these orders, multiple times. At a previous hearing, the judge said &quot;what about the father's rights?&quot;. What exactly are the rights of the father in Arizona?
Married (or married at the time of birth) fathers have equal rights to custody as mothers in AZ. There are no (active) laws establishing that a mother is to be given more rights to a child in a custody arrangement than a father. This is a little different for unmarried fathers because paternity is not assumed, it must be established. Married fathers are presumed to be the father of the child automatically. AZ used to follow the tender years doctrine where preference was given to mothers during the child's younger years. There is an entire somewhat interesting history there on the linked page. This has mostly been phased out in the United States in favor of the &quot;best interest of the child&quot; doctrine. So provided that you are financially stable, have a stable living environment, and can provide for your child, you as the father should have equal standing in a court with regards to custody. I say &quot;should&quot; because many judges still lean towards the mother. For your specific case I'd immediately talk to a family court advocate. They can get you in front of a judge with your estranged wife either being &quot;in absentia&quot; (not present) or ordered to be in court and produce an order to return the child to the home state. It will also help a custody case later on to establish that you are actively seeking a relationship with the child and you are being denied that (keep records of everything, phone calls, texts, letters, emails, etc).
This all depends upon where you are. I am a landlord and I am answering based upon the laws of the U.S. and the states that I operate in. First things first. You are not the property owner. While this does not limit the answer, it is a factor. You do not have the right to the property even if you have a key and the permission of the tenant. You are not the property owner, do not represent the property owner nor the tenant, and by contract do not have legal rights to the apartment. It does put you in a different situation. As a landlord, it is against the law for me to provide access to a tenants apartment to anyone without authorization. This, of course, precludes emergencies such as welfare checks. In the case of the police, a warrant is required or a form that the police fill out that allows the police to gain access. This would be used in cases such as when a spouse requires the recovery of personal property during a domestic dispute. A judges order is not always possible in these cases. These are often limited cases and the form absolves the landlord of liability even in cases where the police act incorrectly. So without a warrant or a form that certifies any lawful request, anyone including the landlord can be arrested for a crime. For your situation, a quick call to the landlord would have been appropriate. Without a warrant or certification, the police still had options including waiting for the person in question to either leave or return to the apartment or even request a warrant by phone. Often, the warrant, once signed by the judge, can be read over the phone. Any landlord should always have a paper copy provided within minutes since some cruisers will have a printer and can print the warrant. Your refusal appears to be legal. However, in the future, you can ask for a copy of the warrant that you provide the landlord. I do not wish to paint a negative image of the police who do the hard work that most people will never take on, they are after all heros, however, some do not know the law perfectly well especially tenant landlord law. As well, some will try and get away with skirting the law trying to get an important job done. It does happen. I hired a lawyer just last week for an illegal request unrelated to the question here. Addressing the OPs comment: Hello, I believe I misstated the situation a bit in that the locked door in question was for the apartment building and not a tenet's apartment itself. I have edited my question. Does this change anything? Technically, this does not change much of anything, however, the request by the police can be seen as a reasonable one. They just may want to talk to the individual which is reasonable. In this case, I might have let them in if the access I was giving them was to a common space such as a hallway. In this case, the outer door locks are only to keep Intruders from entering the building and not meant to restrict access for valid purposes. Are you in trouble? I would say no. If anyone asks, you can give reasonable arguments for your situation. However, the next time, consider what I have written here. The police have a tough enough time doing their jobs. If you can help and stay within the proper boundaries of what the law allows, that would be best.
Short Answer I was wondering if it exists the possibility of signing a legal agreement before impregnation that states legally that both parents compromise into offering shared physical custody of the child to each other in case of divorce or separation. Do theses types of contract exists? are they legal? I currently live in Switzerland, but the question is meant generally. Agreements of this type are not valid in Switzerland, the U.S., Australia, or any other jurisdiction of which I am aware. There are some fine nuances to this general rule, however, that are explored below. Obviously, of course, there are many countries in the world, and there could be an outlier out there somewhere. Exceptions For Choice of Family Religion Agreements In particular, in some countries, such as Israel and India, the substantive family law rules that apply to a married couple and their children are governed by the religion of that family as determined by law. Thus, Muslims families and Hindu families in India, for example, are governed by different laws related to child custody. In these countries, there is a legislatively approved set of family laws for each faith, but the laws for members of one religion are not the same as the laws for members of another religion, and there are typically rules to determine which sets of family law to apply in cases where the parents of a child belong to different religions. Pre-nuptial agreements in these countries may govern, to some extent, how a married couple's religion is determined for intra-national choice of law purposes, although they cannot specifically resolve custody issues on a pre-dispute basis. U.S. Law In General This would not be enforceable in most U.S. states. Agreements between parents in matters involving children (even post-dispute) are generally not legally binding, because the court has an independent duty to evaluate the best interests of the child under the circumstances as they actually present themselves. Courts can and do appoint third-party guardians ad litem to evaluate the best interests of the children when they have any reason to doubt the judgment of the parents. Put another way, pre-nuptial agreements and post-nuptial agreements, may govern property division and maintenance and restoration of name and inheritance rights and enforcement of economic provision rules, in the event of death or divorce, but may not govern parental responsibilities or child support or the circumstances under which the marriage may be terminated. Post-Dispute Agreements In practice, if parents come to a post-dispute agreement that happens to track the outlines of a non-binding pre-dispute agreement regarding parenting time and parental responsibilities, and the agreed resolution seems reasonable after perfunctory due diligence, a Court would usually ratify that agreement without much second guessing. But, the pre-dispute agreement would be only marginally relevant in the event of a dispute and would not have legal validity. It might be considered by a court as one factor among many in addressing the parenting dispute, as a source of ideas for a resolution and to ascertain the expectations and perspectives of the parents, but would not be given much weight in most cases. Exceptions For Dispute Resolution Method Agreements The exception would be that in some jurisdictions, a mediation or arbitration clause for parenting disputes in a material agreement would be honored, although the same substantive law would apply, in theory. Exceptions For Assisted Contraception And Surrogacy Agreements Note, however, that most jurisdictions in the U.S., do honor and give legal effect to a contract regarding the intended parent in a medically assisted conception or surrogacy contract, in which a pregnancy arises through some means other than intercourse between a man and a woman which of the source of the sperm and egg from that man and that woman that gives rise to a fertilized egg (e.g. cases of sperm donation, artificial insemination, in vitro fertilization, etc.). In those cases, the default rule is generally that the legal parents of the resulting child are the intended parents under the contract. But, this is purely an agreement governing paternity, and not parenting once a child is born. Swiss Law While I do not have first hand knowledge of Swiss law, a digest of Swiss law prepared by Westlaw (a major law book publisher and online legal research provider) does state the rule of Swiss law clearly, however: The areas a pre-nuptial agreement can cover are fairly limited. The following cannot be determined in advance: The preconditions for a divorce, nullification or separation of a marriage are ultimately governed by law. Any agreements that are not compliant with the law are invalid. Agreements on arrangements for children, in particular about parental responsibility, visiting rights or maintenance, made in advance, are not binding. Any amounts saved in pension funds during a marriage are divided in the event of a divorce. Waiving such a division is only possible under very restrictive conditions. Agreements in a marital contract that are not compliant with the law are invalid. This source also identifies the precise statutes and treaties that apply to resolve these questions of Swiss law. Choice of Law and Forum Related Issues There is also an implicit choice of law issue presented. Choice Of Law and Forum Agreements Are Usually Void Generally speaking, under U.S. law, these issues are governed in domestic cases by the state that is the &quot;home state&quot; of a particular child under a statutory test and the parents may not contractually agree to a choice of venue. In international cases by the state and country that are the home state and country of the child under a test established by treaty which may not be contractually agreed to in advance. Since the applicable statutory tests in the U.S. usually direct a court to apply the laws of the state with which the child has the strongest residential connection (except for Native American children whose family law disputes are subject to tribal law), and since laws relating to divorce and parenting are matters of state and not federal law for the most part (except as to choice of law and choice of forum issues, and certain federal welfare program guidelines for child support that states have economic incentives to comply with and all do), the law governing parental rights and responsibilities (and over the circumstances when a couple may get divorced) may change over time as the family (and each particular child) moves over the course of their lives. In international cases where there is not treaty in place between the potentially relevant countries (and in which diplomatic personnel or members of foreign royal families or families of heads of state are not involved), a U.S. court will generally apply the law of its own state in all cases where it has jurisdiction over the child, or of both parents. Jurisdictional disputes and inconsistent decrees are resolved in part through diplomatic channels at the national level in these cases. There Is Little Variation In U.S. Substantive Custody Law In practice, this isn't a very important observation in domestic cases, however, because almost every U.S. state gives judges extremely broad discretion to handle custody disputes on a case by case basis under a &quot;best interests of the child&quot; standard during the last several decades (even though this isn't constitutionally required), subject only to the barest U.S. constitutional limitations prohibiting decisions that amount to a termination of a legal parental relationship without certain forms of due process, and there aren't huge differences in the case law applying that standard in practice between states. The differences between particular judges in a particular county would typically be as great or greater than the difference between different states, when it comes to final outcomes in disputed and litigated cases. Before the best interests of the child standard was adopted more or less universally, many states had a sex specific &quot;tender years doctrine&quot; that presumptively gave custody of younger children to mothers and older children to fathers. But that standard was held to be unconstitutional because it discriminated based upon sex. In each state where the tender years doctrine or similar sex specific custody doctrines were held to be unconstitutional, the &quot;best interests of the child&quot; standard was adopted rather than a gender neutral standard that provided more guidance to judges such as a dictate to maintain the status quo as much as possible such as a &quot;primary caretaker presumption&quot; (which many judges applying the &quot;best interests of the child&quot; standard actually apply in practice). Most European countries also follow the &quot;best interests of the child&quot; rule for child custody. One of the big differences between jurisdictions in their laws typically involve issues like the standing of people other than parents to intervene in parenting litigation, such as grandparents, stepparents and social workers, and the rights of these third-parties vis-a-vis the legally recognized fathers and mothers of a child, and the circumstances under which an adoption and related relinquishment of parental rights is valid. The procedures that apply in family law cases also often differ significantly between jurisdictions. Exception For Post-Dispute Choice of Law and Forum Agreements However, once there has been a litigated dispute in the first instance, that jurisdiction will generally retain authority over the parenting of the child set forth in a decree. But if there is an agreement of the parents which has been ratified by a court regarding choice of law and venue that will be honored in a post-dispute settlement agreement. Also, there are typically statutory circumstances that cause the original jurisdiction to address a parenting dispute to lose authority over the child. For example, suppose that a couple divorces in England with a separation agreement approved by a court that states that the divorce court in London shall have continuing jurisdiction over future custody and child support disputes and the London divorce court approves that agreement. A U.S. or Swiss court would usually defer to the London divorce court for these matters at that point, unless some emergency or change of circumstances undermined the relevance of London to future disputes involving the child.
You can't sue her for not having insurance. You sue for the damage you suffered. You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son use the car, and then let the judge sort out who gets landed with the liability. Depending on the rules in your jurisdiction you might have to pay her travel expenses and/or lost wages if the judge decides she wasn't to blame (and the same for her son, but that sounds like a slam-dunk). However you might be better off going for victim restitution. That way the order gets made as part of the criminal case against the son. Less hassle for you, and the state authorities are responsible for actually getting the money out of them. Edit: It turns out that Idaho has the Family Car Doctrine in its law, so the mother is legally liable for her son's accident (thanks to ohwilleke for the pointer).
1: What's the correct process to get a restraining order? The police aren't involved in the formal process, although sometimes people go to the police and are told that they have to go to a judge instead. The aggrieved plaintiff presents an ex parte affidavit or makes statement in person under oath to a duty judge (who often asks clarifying questions). If this statements states a basis for a protection order one issues with a prompt return date (a week or two). At the return date the order either becomes final if the defendant doesn't show up, is vacated if the plaintiff doesn't show up, or is tried in an evidentiary hearing if both show up. Of course, a court order is ultimately just a piece of paper and there is no legal recourse against the government if they don't successfully stop the person restrained from doing something. Also enforcement of restraining orders was a lot more lax in 1987 than it is today, and men asking for restraining orders were taken less seriously then, than they are now, by most judges. 2: Can Dan keep his adultery secret during that process? Not really. In the initial ex parte hearing, Dan can probably tell the story artfully in a way that hides the adultery, but in the adversarial hearing, if there is one, the other side (or their lawyer) can ask him under oath about the affair and he has to answer truthfully in a public court hearing setting. 3: Is it plausible that Dan's family and friends don't learn about that process? Yes. Unless he's famous enough to make the newspapers (which in a decent sized city is pretty famous), and if he initiates the process, the only person who gets formal notice before the order issues is the court, and if the court issues the initial order, the only person who gets notice is the defendant. If Dan doesn't call family or friends as witnesses and don't tell his workplace why he's at court, nobody is told. It isn't a secret. It's a matter of public record that could be subsequently discovered at any time. But there is no active means of notification of friends and family in the short term. Realistically, Dan might ask a cop or a lawyer what to do, get accurate or inaccurate information, and decide not to pursue it for fear of creating sworn proof of his affair at a hearing. Cops love to provide legal advice that they aren't qualified to dispense. Dan's concern is particularly relevant because this happened in New York State in 1987 when New York State didn't have no fault divorce at the time, and the outcome of divorce proceedings on the merits for property division and alimony and custody would have been heavily influenced by marital fault in the divorce case. Revealing an affair under oath as he might have been required to do at a hearing would have crushed him in a subsequent divorce outcome if his wife found out and decided to divorce him.
What kind of contract would that be? One about... arbitration? One about &quot;I hereby relinquish my claim for payment of X?&quot; --- children cannot be taken away from their father, no matter what. - OP That contract is void in germany because this contract not only violates public policy, it tries to modify something that is regulated by law into a way that does offer less than the law demands as a minimum. That's not allowed in Germany. Further, a clause that gives custody to the father by default is also Sittenwidrig in Germany, and thus void under §138 BGB. So would be a clause that gives it to the mother by default by the way. In a case of controversy, only a court order can assign guardianship. And only the court can take guardianship away. When the kid is born its guardianship gets assigned to the parents as guardians by §1626 BGB. While it is possible to give your partner guardianship if you're not married under 1626a BGB it is explicitly impossible to assign guardianship for any compensation to either party (e.g. the mother or the new guardian may not receive anything other than the guardianship in the specific paper) under 1626b BGB. Thus a contract that does anything else in addition to guardianship, like a prenup, voids at least the guardianship clauses. And you have to tell the court about that assignment of guardianship under ($1626d BGB). Now comes the kicker: §1628 BGB forces the parents to apply to the court to solve any problems of huge impact, such as guardianship: So technically, mediation results are fully non-binding and you can not mandate it. Also, since all marriages are through the state, it needs a formal instrument of the state to be dissolved. The only three ways that the state ever allowed this to be done after WW2 were a) annulment through a court, which only was possible till 1998, or b) divorce through a court, c) death of one of the marriage partners. Yes, it takes a judge to divorce a marriage under $1313 BGB or one of the two married to die. Because you can't divorce without a filing in court, a clause that demands to divorce in some way that is not including §1313 BGB, that clause would be void. It might be legal to have a clause that demands to try to solve issues in arbitration before filing for divorce or sorting the belongings in such a way, but it can't supplant the court requirement.
I think this shows a misunderstanding of the meaning of the GDPR. A data subject has the right to demand information, correction, deletion etc. about some of their data held by some institutions, depending on the legal basis for the data processing. One John Smith does not have the right to see the data of any other data subject named John Smith, and he cannot even demand to know if there are other John Smiths in the database. The data controller has to make reasonable steps to ensure that an individual who seeks account information is in fact the individual who is the data subject. In the case of an email, that's usually easy -- if John Smith can access the mail account jsmith@sample.org, one can assume that he is the John Smith who opened the account. If not, then not. If the data controller has the birthplace and birthdate in their records, they can possibly match that against some government-issue identity document, too, but why would they have that data?
If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Even if a state has a "stop and identify" statute, reasonable suspicion is a minimum requirement for seizing your person, even temporarily. Texas is not a state with an obligation to identify statute. I would not expect the state to be very helpful, given the facts as you report them. There might be others, such as the ACLU, who may be happy to discuss the particulars of your case. The police need to justify a stop in court, and not to the person being seized. I don't know if there is any case law saying that a false police statement to a detainee ("No, I don't have a reasonable suspicion") precludes claiming in court that there was reasonable suspicion, but it should at least make the claim of reasonable suspicion less credible. They do have to have reasonable suspicion, and they do not have to tell you what that suspicion is. OTOH if they are just harassing bicyclists, that would be illegal.