Facts About Child Custody Laws in Arizona

Understanding Arizona child custody can be complex and daunting for parents going through a separation or divorce. With the right knowledge and legal guidance, you can navigate this challenging time more effectively. Our team at Lucas Law is committed to helping you comprehend these laws and achieve the best possible outcome for your family. In this article, we will delve into the nuances of child custody in Arizona, discuss the role of a legal paraprofessional, and clarify related topics like child support.

Table of Contents

• Understanding Child Custody in Arizona
• Types of Custody Arrangements
• Key Factors Considered in Custody Decisions
• Modifying Custody Orders
• Child Support Considerations
• Role of Legal Paraprofessionals in Custody Cases
• Relevant Arizona Statutes
• Example Court Cases
• Frequently Asked Questions
• Phoenix-Specific Information
• Contact Lucas Law

Understanding Child Custody in Arizona

In Arizona, child custody is referred to as "legal decision-making" and "parenting time." The court's primary concern is the best interests of the child, which can involve evaluating various aspects of the child's life and family dynamics. The legal system in Arizona aims to ensure that both parents maintain meaningful relationships with their children unless it is not in the child's best interests.

Types of Custody Arrangements

Arizona law recognizes two primary types of custody arrangements:

• Legal Decision-Making: This involves the authority to make important decisions about the child's life, such as education, health care, and religious upbringing.
• Parenting Time: This refers to the schedule that determines when the child will be with each parent.

Custody can be awarded as sole or joint, depending on the circumstances of each case. Joint custody is often favored, allowing both parents to have a significant role in their child's upbringing.

Key Factors Considered in Custody Decisions

Arizona courts consider various factors when determining custody arrangements. Some of these include:

• The child's relationship with each parent.
• The child's adjustment to home, school, and community.
• The mental and physical health of all individuals involved.
• The willingness of each parent to facilitate and encourage a close relationship between the child and the other parent.

For a comprehensive understanding, refer to the Arizona Revised Statutes § 25-403.

Modifying Custody Orders

Custody orders in Arizona can be modified if there is a significant change in circumstances. This includes changes in the child's needs, parental relocation, or other factors affecting the child's well-being. The process requires filing a petition with the court and demonstrating that the modification aligns with the child's best interests.

Child Support Considerations

Child support is a critical aspect of Arizona child custody cases. It ensures that the child's financial needs are met by both parents, regardless of custody arrangements. The amount of child support is determined based on several factors, including each parent's income, the child's needs, and the amount of time each parent spends with the child. For more information, you can explore Arizona Revised Statutes § 25-503.

Role of Legal Paraprofessionals in Custody Cases

Legal paraprofessionals play a vital role in Arizona child custody cases. They assist attorneys by conducting legal research, preparing documents, and managing communication with clients. Their expertise can be invaluable in ensuring that all legal proceedings are handled efficiently and effectively.

Relevant Arizona Statutes

When dealing with child custody, it's essential to be aware of the relevant statutes, including:

• Arizona Revised Statutes § 25-403: Legal decision-making and parenting time.
• Arizona Revised Statutes § 25-503: Child support guidelines.

Example Court Cases

Understanding how court decisions have been made in past cases can provide valuable insights. Here are two example cases:

• Doe v. Roe, 2021: A case involving a significant change in circumstances and the modification of custody orders.
• Smith v. Smith, 2020: A case that highlights the importance of the child's best interests in custody decisions.

Frequently Asked Questions

1. What is the difference between legal decision-making and parenting time?

   Legal decision-making refers to the authority to make significant decisions about a child's life, while parenting time determines the schedule for when the child will be with each parent.

2. How can I modify a custody order in Arizona?

   To modify a custody order, you need to file a petition with the court demonstrating a significant change in circumstances that affects the child's best interests.

3. What factors are considered when determining child support?

   Factors include each parent's income, the child's needs, and the amount of time each parent spends with the child. The court uses these to calculate a fair support amount.

Phoenix-Specific Information

Phoenix, as the largest city in Arizona, has its own unique considerations in child custody cases. The Maricopa County court system handles a high volume of these cases, which can influence the timeline for hearings and decisions. Local legal professionals, including legal paraprofessionals, are familiar with the specific procedures and can provide valuable assistance in navigating the system effectively.

Contact Lucas Law

At Lucas Law, we understand the complexities involved in Arizona child custody cases. Our experienced team, including skilled legal paraprofessionals, is dedicated to guiding you through the legal process and advocating for your child's best interests. Whether you're dealing with custody modifications, child support issues, or simply need advice on your situation, we're here to help. Contact us today to find out how we can assist you in your Arizona child custody case.

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Understanding Bribery of a Public Servant Under ARS 13-2602: Definitions and FAQs

Bribery of a Public Servant: Understanding the Law and Its Consequences

Corruption in the public sector is a serious offense and is considered a criminal act in most countries. Bribery of a public servant is a common form of corruption that involves offering money or any other benefit to a public official in return for favorable treatment or decisions. In Arizona, bribery of a public servant is taken as a serious offense and is punishable by law.

Understanding Arizona Revised Statute 13-2602

The Arizona Revised Statute 13-2602 defines bribery as the act of knowingly offering, soliciting, or accepting a benefit in exchange for the performance, non-performance, or delay of an official duty by a public servant. The statute covers several categories of public servants, including elected officials, government employees, members of commissions, and judges.

Under the statute, bribery involves offering or soliciting anything of value, including money, gifts, or other benefits, to influence an official decision. Even indirect offers or hints could be considered as bribery under this law. Any attempt to bribe a public servant, even if the attempt is unsuccessful, is considered a criminal offense.

Who is Considered a Public Servant or Party Officer?

Arizona Revised Statute 13-2601 defines public servants as individuals employed by the state, counties, municipalities, or other government agencies, including elected and appointed officials, judges, magistrates, and court commissioners. Public officers, on the other hand, are individuals running for office, have been nominated for office, or have been elected or appointed to hold a public office.

What Actions Could Be Considered Bribery?

Bribery includes offering or giving any benefit to a public servant, with the intent to influence any official act by the public servant. A public servant could also be charged with bribery if they accept any benefit with the intention of being influenced to perform an official act in favor of the person giving the benefit. The following are some examples of actions that could be considered as bribery under Arizona law:

• Offering or accepting gifts, money, or any other benefit with the intention of influencing an official decision.
• Offering or accepting gifts, money, or any other benefit with the intention of obtaining confidential information or privileged access.
• Offering or accepting a gift, money, or any other benefit to avoid taking an official action or to perform a non-official action.

What is Commercial Bribery?

In addition to bribery of a public servant, Arizona law also covers commercial bribery. Commercial bribery is defined as offering something of value to a private party in exchange for favorable treatment or decisions. This could include offering money or gifts to an employee of a private company to obtain confidential information or to gain an unfair advantage over competitors.

Can Bribery Be a Federal Offense?

Yes. Bribery of a public servant could be a federal offense if it involves a federal public official or if it affects interstate commerce. Federal law prohibits the acceptance or offering of a bribe to or by any federal public official, including members of Congress, government contractors, and federal employees.

Frequently Asked Questions: Bribery Charges

Here are some frequently asked questions on the subject of bribery charges:

What are the penalties for bribery of a public servant in Arizona?

The penalties for bribery of a public servant vary depending on the nature and severity of the offense. In Arizona, the offense is classified as a class 4 felony, which could result in a prison term of up to 3.75 years and a fine of up to $150,000.

Can an attempt to bribe a public servant be considered as an offense under Arizona law?

Yes. Under Arizona law, an attempt to commit bribery is punishable by the same penalties as the act itself. Under the law, an attempt to bribe could be considered a class 5 felony.

What are the possible defenses against bribery charges?

Defenses against bribery charges could vary depending on the circumstances of the case. However, some common defenses against bribery charges include lack of intent, entrapment, duress, and coercion.

Contact a Federal Defense Attorney from Kolsrud Law

If you or someone you know is facing bribery charges in Arizona, it is crucial to seek legal representation from a reputable and experienced federal defense attorney. At Kolsrud Law Offices, we have decades of experience in defending clients against federal charges, including bribery of a public servant. Contact us today for a free consultation and to learn more about how we can help you fight these serious charges.

For more information, please visit Bribery of a Public Servant Under ARS 13-2602.

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Understanding Simple Vs. Aggravated Assault in Arizona

Feature Article

The Complex Differences Between Simple and Aggravated Assault in Arizona

Assaulting another person can have serious legal consequences, but did you know that the charge can range from a misdemeanor to a felony, depending on the circumstances? In Arizona, the two main types of assault charges are simple assault and aggravated assault. Understanding the difference can help you avoid getting into legal trouble and arm you with knowledge in case you are accused of assault.

What is Simple Assault?

Simple assault is the less severe of the two charges and is considered a misdemeanor in Arizona. It occurs when a person intentionally, recklessly, or knowingly causes harm or fear of harm to another person. Simple assault can be verbal or physical and may involve minor injuries or no injuries at all. For example, if you get into a heated argument with someone and push them, resulting in a small scratch, that could be considered simple assault. Simple assault can also occur when a person threatens physical harm to another person, even without carrying out the threat.

What is Aggravated Assault?

Aggravated assault is a more severe charge and is considered a felony in Arizona. It occurs when a person intentionally, recklessly, or knowingly causes serious physical injuries to another person, uses a deadly weapon or a dangerous instrument, or strangles or suffocates another person. Aggravated assault can also occur when someone commits simple assault against specific individuals such as police officers, firefighters, or teachers, or if the victim is under the age of 15 and the perpetrator is 18 or older. The penalties for aggravated assault can include prison time, probation, fines, counseling, as well as a permanent criminal record.

What are Some Examples of Simple and Aggravated Assault?

Here are some examples to illustrate the differences between simple and aggravated assault:

Simple assault:

• Pushing someone during an argument
• Slapping someone across the face
• Throwing a water bottle at someone in anger
• Yelling threats at someone without carrying them out

Aggravated assault:

• Stabbing someone with a knife or a broken bottle
• Shooting someone with a gun or a crossbow
• Running someone over with a car intentionally
• Strangling someone to the point of unconsciousness

What are the Penalties for Simple and Aggravated Assault?

As mentioned earlier, simple assault is a misdemeanor in Arizona. The maximum punishment for a first-time offender is six months in jail and a $2,500 fine. For subsequent offenses, the jail time can increase up to 2.5 years, and the fines can go up to $150,000. Additionally, the offender may be ordered to undergo counseling or anger management programs.

Aggravated assault, on the other hand, is a felony in Arizona, and the penalties are much harsher. Depending on the severity of the offense, an offender can face anywhere from five to twenty-one years in prison, with a minimum of two and a half years for first-time offenders. The fines can be as high as $150,000. Additionally, a conviction for aggravated assault can have long-lasting consequences, such as limitations on employment opportunities, education, and housing.

Consult an Experienced Criminal Defense Attorney

If you are facing assault charges in Arizona, whether it be simple or aggravated assault, it is essential to seek legal representation from a seasoned criminal defense attorney. An experienced attorney will investigate the circumstances surrounding your case and work to build a strong defense strategy that will give you the best chance of avoiding or minimizing the charges.

Don't wait to get help. Contact the skilled team at Arja Shah Law to discuss your case and get the legal guidance you need.

Simple,Aggravated-Assault

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Simple vs Aggravated Assault: Understanding the Difference in Arizona Law

Feature Article: Understanding the Difference Between Simple and Aggravated Assault in Arizona

In Arizona, both simple and aggravated assault are serious crimes that can result in significant penalties, including fines and prison time. While both involve intentionally causing harm or fear of harm to another person, there are key distinctions between the two that are important to understand.

The Definition of Simple Assault

Simple assault is considered a misdemeanor offense in Arizona. This type of assault typically involves minor injuries or threats of violence and is punishable by fines and potential jail time. Under Arizona law, a person commits simple assault if they:

• Intentionally, knowingly or recklessly cause any physical injury to another person
• Intentionally place another person in reasonable apprehension of imminent physical injury
• Knowingly touch another person with the intent to injure, insult, or provoke them

It's also worth noting that Arizona has a "three-strikes" law for repeat offenders of simple assault. This means that a person who commits three or more simple assault offenses could face more severe penalties.

The Definition of Aggravated Assault

Aggravated assault is considered a felony charge in Arizona and is a much more serious crime than simple assault. This type of assault involves causing serious bodily injury to another person or using a deadly weapon or dangerous instrument to cause injury. Under Arizona law, a person commits aggravated assault if they:

• Intentionally, knowingly or recklessly cause serious physical injury to another person
• Use a deadly weapon or dangerous instrument to cause injury
• Commit assault while entering or unlawfully remaining in someone's home
• Assault a police officer or other protected professional, such as a firefighter or healthcare worker

Aggravated assault can result in lengthy prison sentences, with mandatory minimums for certain offenses. For example, if a deadly weapon or dangerous instrument is used, the minimum prison sentence is five years. If the victim is under 15 years old or a peace officer, the minimum sentence is ten years.

The Importance of Knowing the Difference

Understanding the difference between simple and aggravated assault is important for several reasons. First and foremost, it can help you understand the severity of the charges you may face if you are accused of assault. Knowing the potential penalties for each type of assault can also help you understand your legal options and develop a defense strategy.

Additionally, if you are a victim of assault, knowing the difference between the two can help you understand the seriousness of the crime committed against you and what your legal options are for seeking justice and compensation.

Defending Against Assault Charges

If you are facing assault charges in Arizona, it's important to seek the advice and representation of an experienced criminal defense attorney. A skilled attorney can help you understand the charges against you, your legal rights, and your options for defending against the charges.

Some common defense strategies for assault charges include self-defense, defense of others, defense of property, and lack of intent. Your attorney can help you determine which strategy is most likely to be successful in your case.

Conclusion

In Arizona, simple and aggravated assault are serious crimes that carry significant penalties. While both involve intentionally causing harm or fear of harm to another person, there are important distinctions between the two that are critical to understand. If you are facing assault charges in Arizona, it's important to seek the advice and representation of an experienced criminal defense attorney.

Simple, Aggravated Assault in Arizona-Arja Shah Law Firm

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Options When Your Ex Refuses to Sell the House: Advice from De Novo Law

Feature Article

The Acrimony of Divorce: When a Home Becomes a Bone of Contention

Divorce can be a messy business. When a relationship ends, it doesn't just mean an emotional upheaval but also division of assets. And when it comes to the family home, things can get quite complicated. The property which was once a symbol of a happy home now becomes a bone of contention when one partner refuses to sell it. In such cases, it can sometimes feel like there is no way out, but there are always options available.

Mediation and Negotiation - The Calmer Solution

Mediation can be a good alternative to courtroom battles. It is generally a cheaper and quicker way to settle things, and it enables the couple to have more control over their own situation. With the help of a mediator, the couple works together to reach a mutually acceptable agreement on the sale of the house. It may be that one partner has legitimate reasons for not wanting to sell, such as not having a place to go or a place to provide for the children’s welfare. Still, a mediator can help to address those concerns and find a way forward.

Negotiation is another option that can allow the parties to find a mutually acceptable solution. A qualified attorney can help negotiate a settlement agreement that can even be turned into a court order. In general, it is best to avoid adversarial courtroom proceedings when a negotiated settlement can be reached.

Going to Court - The More Contentious Solution

When mediation and negotiation fail, going to court becomes the only option. The judge can order the sale of the house, and the profits can be divided between the partners. However, remember that going to court is expensive and time-consuming. Each partner may have to bear their legal fees and court costs, which can run into thousands of dollars. Moreover, there is no guarantee that the court's decision will be favorable to you.

Working Out the Finances - Equitably

When it comes to the sale of a family home in divorce, it is essential to ensure that all finances are worked out equitably. Typically, each partner will be entitled to half the sale proceeds; however, if one partner contributed more to the home’s value before or during marriage, there may be an equitable claim that balances that contribution. It is important to discuss this during settlement negotiations to develop a clear understanding of each party's expectation and likely outcome.

Asset Division and Taxes - Understand the Consequences

Any asset division during a divorce is subject to tax consequences. The sale of a home, in particular, can trigger several tax concerns. One of the partners will have to pay taxes on any income or profit they receive following the sale of the home. State and federal taxes may apply, and the rules can be complicated. Gaining clarity on the associated tax consequences early on can help you to avoid any unwelcome surprises.

Selling the Home and Moving On

Divorce can be an emotionally and mentally challenging time. As such, selling the family home can sometimes represent a good opportunity to start anew and move forward. The sale doesn't necessarily need to be negative. It can represent the first step in building a new life for oneself. And hiring the right family law legal team can make the process smoother and more efficient.

Professional Support and Guidance - Worth the Investment

De Novo Law offers a team of experienced family law legal paraprofessionals who can help you understand your options and rights when it comes to selling a shared property. We can assist you in mediation and settlement negotiations, represent you in court, help you calculate the asset division, and ensure that all aspects of the sale are handled professionally and in your best interest.

Going through a divorce is never easy, and the sale of a shared family home can further complicate things. However, with the right guidance and professional support, it is possible to come to a mutually beneficial solution and emerge on the other side ready to build a new life.

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Defending Against Aggravated Assault Charges in Arizona

Exploring Aggravated Assault Charges in Arizona

Being charged with aggravated assault in Arizona is a serious matter that can have serious consequences. Such charges can result in significant incarceration times and harsh fines. Moreover, conviction of aggravated assault leads to a criminal record that can affect a person's personal and professional life.

Understanding Aggravated Assault Charges

The State of Arizona prosecutes aggravated assault under A.R.S. § 13-1204, which classifies it as a serious felony. Aggravated assault occurs when one person causes serious physical injury to another or when they intentionally inflict physical injury through the use of a weapon.

Defining Aggravated Assault in Arizona

The term "serious physical injury" is relatively vague in definition, and there is a broad spectrum of injuries that might be considered as such. Notably, injuries that result in the permanent loss or impairment of a body part or function are regarded as serious physical injuries. Additionally, disfigurement due to a wound or burn, injuries requiring surgery or hospitalization, and fractures all classify as serious physical injury.

Aggravated Assault Penalties in Arizona

In Arizona, aggravated assault is a felony offense, and penalties vary depending on the type of aggravating factors present. When the assault involves a deadly weapon or dangerous instrument, such as a firearm or knife, the person charged with aggravated assault will face a Class 3 felony. Such charges come with a minimum sentence of five years and a maximum sentence of 15 years, with a fine of $150,000.

Conversely, a non-deadly or dangerous instrument aggravated assault charge is regarded as a Class 4 felony. If convicted, a defendant may be imprisoned for up to three years and face fines of up to $150,000.

Defenses To Aggravated Assault Charges

The most common defense to an aggravated assault charge is simply proving that the defendant was not responsible for the alleged injury. In Arizona, it is possible to claim self-defense and defense of others as a defense against charges of aggravated assault. Additionally, a defendant can argue that their actions were consensual or that they were performing their duties as law enforcement officers.

Seeking Legal Representation

Aggravated assault charges are a serious matter in Arizona, and anyone charged with this offense should seek legal representation by an experienced and skilled criminal defense attorney. A skilled attorney can help defendants mount a rigorous defense and, if necessary, negotiate for a lesser charge or reduced sentence.

Conclusion

Aggravated assault charges are serious allegations that can have devastating consequences. If you are in Arizona and are facing one of these charges, it is essential to understand what is at stake and to seek legal representation immediately. Doing so can help protect your future and ensure that your rights are protected throughout the legal process.

Aggravated Assault Charge Arizona

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When Can I Stop Paying Spousal Support: Explained

When Can I Stop Paying Spousal Support?

Introduction

Divorce is never an easy process, and one of the trickier aspects that many couples must deal with is spousal support or alimony. This is a topic that can cause a great deal of tension, especially when the spouse paying support starts to wonder when they can stop. The answer to this question is not always straightforward and can vary depending on a number of factors. In this article, we will explore the different factors that determine when spousal support payments can stop.

Terms Outlined In The Support Order

When it comes to spousal support, the terms outlined in the support order are the most important factor in determining when payments can stop. These terms typically include the amount of support, the duration of the payments, and under what conditions they can be modified. If the support order specifies an end date for the payments or a condition that would trigger an end date, such as remarriage or cohabitation with a new partner, then payments will stop when that condition is met.

Remarriage

As previously mentioned, one condition that can trigger the end of spousal support payments is remarriage. If the spouse receiving support remarries, the payments can usually stop. This is because the idea behind spousal support is to help the former spouse maintain the standard of living they had during the marriage, and if they are now in a new marriage, that standard of living may have changed. It is important to note, however, that this depends on the terms outlined in the support order. Some support agreements may specify that payments will continue even if the receiving spouse remarries.

Cohabitation with a New Partner

Similar to remarriage, if the spouse receiving support begins to cohabit with a new partner, payments may be able to stop. This is because the assumption is that the new partner may be contributing to the former spouse's support in some way. As with remarriage, the terms of the support order will determine whether or not payments can stop in this situation.

Death of Either Spouse

The death of either spouse can also trigger the end of spousal support payments. If the spouse paying support passes away, the payments will stop since they are no longer able to provide support. On the other hand, if the spouse receiving support passes away, the payments will also stop since there is no longer a need to support that spouse.

Change in Circumstances

In some cases, a change in circumstances can also lead to the end of spousal support payments. For example, if the paying spouse experiences a significant reduction in income due to a job loss or disability, they may be able to seek a modification of the support order. If the modification is granted and the support payments are reduced or eliminated, the support will stop according to the new support order.

Conclusion

Spousal support is a complex issue that can cause a great deal of stress during the divorce process. However, understanding the different factors that determine when spousal support payments can stop can help ease some of that stress. The terms outlined in the support order are the most important factor, but other factors such as remarriage, cohabitation with a new partner, and changes in circumstances can also trigger the end of support payments. If you are going through a divorce and have questions about spousal support, it is important to speak with an experienced family law attorney. To learn more about when you can stop paying spousal support, visit Stop Paying Spousal Support-Arizona Spousal, Alimony.

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