questions & answers

Question: In 2003, my husband's girlfriend moved to AZ from IN. They had a daughter together born Feb. 2003. My husband has been court ordered to pay AZ courts because the mother of the child is currently receiving assistance from TANF. My husband has been told that he must get a attorney to establish visitation rights. My question is does the attorney have to practice law in AZ? We also cannot afford an attorney. What can we do?

Answer:

Any attorney who intends to:

(1) file a pleading or motion in an Arizona court;

(2) give legal advice concerning Arizona law or procedure; or

(3) formally appear in an Arizona court,

 must possess a valid license to practice law in Arizona.

On occasion, a visiting attorney may acquire "pro hac vice" designation - which is just a fancy way of introducing yourself as a guest attorney appearing on an isolated case. Such an attorney must be supervised by an Arizona lawyer, and the Arizona lawyer must file an application with the court asking permission for the arrangement to go forward.

 You don't *have* to have an attorney to "establish visitation." In fact, there are excellent forms available on the Maricopa County Superior Court's website that are designed with non-lawyers in mind.

You could also apply for assistance with your local legal aid office. Such offices are typically swamped with demands for help, so the process takes time, and they may not be able to give you a lawyer to handle the case. Rather they may offer appointments to give you advice on how to handle the case yourself. But it's still worth looking into.