Stephen M Vincent

Stephen M Vincent

Attorney at State 48 Law
  • Divorce, Family Law, Appeals & Appellate ...
  • Arizona
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Biography

Stephen Vincent is a founding member and attorney at State 48. Stephen has a passion for the law and teaching. He has combined those loves as the head of new client intake and head of legal education programs. He also is the firm’s main researcher and works on all appellate cases.

Stephen Vincent, Attorney, is a lifelong writer who uses this skill to explain clearly and memorably a client’s case to judges. A native of St. George, Utah, Stephen attended Arizona State University for law school where he interned for the Goldwater Institute and worked as a Justice Court mediator. After law school, Stephen worked for a year at the Washington County (Utah) Attorney’s Office. While there, he drafted county ordinances, assisted in homicide prosecutions, and headed up a major project to protect the county’s access to federal lands.

Before law school, Stephen worked as a sportswriter in Utah. He has also taught writing and communication courses at Southern Utah University and Dixie State University. Because of his background as a professional writer and writing instructor, Stephen is the ideal person to tell your story. Stephen loves sports and spending time with his 24 nieces and nephews.

Education
Arizona State University
J.D. (2013) | Law
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Honors: Four-time Pedrick Scholar (Dean's List) CALI Award in Arizona Media Law
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Southern Utah University
M.A. (2008) | Communication
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Brigham Young University
B.A. (2004) | Communications (Print Journalism). Minor: English
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Professional Experience
Client Intake Attorney and Appellate Attorney
State 48 Law
- Current
Senior Attorney
Best Law Firm
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Special Deputy County Attorney
Washington County (Utah) Attorney's Office
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Awards
Rising Star
Super Lawyers
Top Family Law Lawyers in Scottsdale
Expertise
Firm Award
Professional Associations
State Bar of Arizona  # 030779
Member
Current
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Jurisdictions Admitted to Practice
Arizona
State Bar of Arizona
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Fees
  • Credit Cards Accepted
Practice Areas
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Appeals & Appellate
Arbitration & Mediation
Family - Arbitration/Mediation
Languages
  • English
Legal Answers
Q. Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
A: A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4. The judge signed the Decree.

If any issues remain pending, the Decree can be certified as final if it states that (1) issues remain pending, (2) but there is not just cause for delay, and (3) that the Court enters the order as a final, appealable judgment under Rule 78(b).

This can be a very difficult thing to assess. I recommend you consult with an attorney.
Q. My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?
A: No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his caretaker).
Q. Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order
A: A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order and, therefore, cannot be held in contempt.

You, however, are in violation of the Court. Though unlikely, you could be held in contempt. In my experience, when a child refuses to go to on Court-ordered parenting time, the parent in your position is often found to be in contempt and faces some sort of sanction, probably along the lines of having to pay for reunification therapy to help the relationship between your daughter and Father. The therapist will want to address why your daughter does not go with him. These services can be very expensive. Be prepared for this as well: Judges tend to be skeptical that a parent cannot get a child to go with the other parent.

In my experience, you also should prepare for him to do following:

He will likely raise this issue in a Petition to Modify, alleging (1) that she is refusing to go because you are alienating the child from him, and (2) that if you cannot get a child to abide by a parenting time order, then it is evidence that you can effectively parent the child and that he should be granted full custody. Again, in my experience, a Petition to Modify like that usually starts a very intense custody fight.

I know much of that is not what you want to hear, but you need to be aware of the risks.
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Websites & Blogs
Website
State 48 Law
Blog
State 48 Law Blog
Contact & Map
State 48 Law
14500 N Northsight Blvd
Suite 313
Scottsdale, AZ 85260
Telephone: (602) 649-1325
Monday: 9 AM - 6 PM (Today)
Tuesday: 9 AM - 6 PM
Wednesday: 9 AM - 6 PM
Thursday: 9 AM - 6 PM
Friday: 9 AM - 12 PM
Saturday: Closed
Sunday: Closed