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Child custody
is defined as a legal relationship between an adult
and a child conferring on the adult the authority and responsibility
to make decisions relating to the child's upbringing.
Jurisdiction: Before a
court can make a custody determination under any of the statues, it
must have jurisdiction under the Uniform Child Custody Jurisdiction
Act.
Parental Kidnaping Prevention Act:
this act enacted in 1980, is meant to discourage child snatching and
forum shopping and encourage some finality for child custody
decisions.
Custody Determining Factors:
Best Interest Tests; Parents' Wishes, Wishes of the Child; Child's
Psychological and Social Adjustment; Relationship Between Parent and
Child; Mental and Physical Health of All Individuals and Spousal
Abuse.
Child Support.
Arizona law recognizes the parental duty to provide reasonable
support for natural and adopted minors, unemancipated children,
regardless of where the children are located. A.R.S. §
25-320. Every child is the child of its natural parents and is
entitled to support as if born to married parents. A.R.S. §
8-601. As a rule, the duty to support extends only until the
child has become emancipated or has reached the age of majority,
which is 18. A.R.S. § 1-215(17). Note: For additional
information please refer to link on Child Support at the end of this
page.
Spousal Maintenance.
The court may grant a maintenance order for either spouse in the
context of a dissolution or legal separation. A.R.S. § 25-319.
A maintenance award is expected to provide a source of income until
the spouse is able to become self-supporting. Spousal maintenance is
awarded without regard to marital misconduct. A.R.S. § 25-319(B).
Adoption
creates the legal status of parent and child between two persons who
are not biologically so related. Upon entry of the decree of
adoption, the adopted child becomes the child of the adoptive
parents for all purposes, including rights of inheritance, support,
etc. A.R.S. § 8-117.
Arizona Revised Statutes- Family Law
Arizona Rules of Family Law Procedure and
Forms
For further information
regarding these topics refer to Titles 8 and/or 25, Arizona Revised
Statutes and/or the following web sites:
Child Support Calculator
Qualified Domestic Relation's Order Information
Note: This information is provided as a public service and is not
intended to be taken as legal advice. Please consult a lawyer for
legal representation and assistance.
Free Forms
Copyright© 1995-2005, Bays Law, PC© All Rights Reserved.
CRIMINAL
LAW
involves a dispute over the rights and responsibilities of the
people involved. In a criminal case, the defendant might be ordered
to pay a fine or sentenced to probation, incarceration or even
death. Criminal law cases involve the possibility of losing life or
liberty that distinguishes criminal law from civil penalties.
Areas and Terms of Criminal Law:
Citation: a citation or summons (ticket) is the penalty for the
least serious offenses. A citation could result in a short jail
sentence. Citations may be given for minor traffic violations.
Misdemeanor: examples of misdemeanors include public drunkenness,
resisting arrest, and simple battery. Misdemeanors are offenses
punishable by a sentence of one year or less.
Felony: a felony may include such crimes as robbery, Kidnapping, rape
and murder. Felonies are classified as all crimes that carry a
maximum sentence of more than one year.
Petty Larceny: is considered a misdemeanor; it is the stealing of an
item worth less than a certain dollar amount (depending on state
laws and restrictions).
Grand Theft: is theft of anything over the dollar amount allowed
under petty larceny; this is considered a felony.
Attempt: an attempt means that you had the intent to commit a crime,
but for some reason the crime was not completed.
Conspiracy: an agreement between two or more people to commit a
crime followed by any activity to carry out the agreement. The
conspiracy itself is a separate crime.
Complicity or Accomplice Liability: complicity is the act of being
an accomplice to a crime. An accomplice is someone who helps in, or
in some states merely encourages or knows about the crime. An
accomplice is as guilty as the person who commits the crime and
could be punished as severely if convicted.
Pro
Se: is the right to represent yourself in court.
Bail: the amount of money you must post (pay) before your release.
“OR” own recognizance; permits you to be released on your own
recognizance. You are not required to post any bail if the judge
releases you on O.R. You must reappear in court as agreed or the
judge may revoke your bail or O.R. status. If this happens a bench
warrant for your arrest could be issued.
Bench Warrant: allows the police to find you, take you into custody
and place you in jail and you will lose your bail money.
Plea Bargains: are legal transactions in which a defendant pleads
guilty to a lesser charge or pleads guilty to the original charges
in exchange for some type of leniency.
Subpoena: a summons is a legal order to appear in court or to
produce certain evidence. Admissible Confessions: oral, unsigned,
written and signed confessions are admissible.
The
Miranda Rule: This rule was developed to protect the individual's
Fifth Amendment rights against self-incrimination. The Miranda
warning "you have the right to remain silent. If you give up those
rights, anything you say or do can and will be used against you in a
court of law. Your have the right to an attorney. If you desire an
attorney and cannot afford one, an attorney will be obtained for you
before police questioning." (Miranda v. Arizona) If the
Miranda warning is not given before questioning, or if police
continue to question a suspect after he or she indicates in any
manner a desire to consult an attorney before speaking, statements
by the suspect generally are inadmissible.
Where
to get more information and help:
US
Department Of Justice
Justice
Information Center
American Civil
Liberties Union
132
West 43rd Street
New York, NY 10036
(212) 944-9800
Source: The American Bar Association Family Legal Guide©1990, 1994
Note:
This information is provided as a public service and is not intended
to be taken as legal advice. Please consult a lawyer for legal
representation and assistance.
Copyright© 1995-2005, Bays Law, PC© All Rights Reserved.
MILITARY ISSUES includes areas such as:
Courts-martial, UCMJ (Uniform Code of Military Justice) actions,
criminal military offenses, civil and domestic relations issues, the
Servicemember’s Civil Relief Act and the Uniformed Services Former
Spouses Protection Act.
The
following links may provide you with further assistance and
information related to Military Legal Issues:
FedWorld
Information Network
JAG Corps Website
Military Law
Materials
Defense Finance and
Accounting Services (DFAS)
USCA Armed Forces
Note:
This information is provided as a public service and is not intended
to be taken as legal advice. Please consult a lawyer for legal
representation and assistance.
Copyright© 1995-2005, Bays Law, PC©
- All Rights
Reserved.
DUI/DWI TRAFFIC
The
following links may provide you with further information and
assistance related to DUI/DWI and Traffic Law issues:
National Motorist's Association (NMA)
State Traffic Law
Guidelines
Alcohol and The
Human Body Information
The American
Beverage Institute
National Highway
Traffic and Safety Administration
Federal Aviation
Administration
U.S. Department of
Transportation
Arizona Department
of Transportation
Mother's Against
Drunk Driving Home Page
National Commission
Against Drunk Driving
Links to Other
Related DUI/DWI Resources
Note:
This information is provided as a public service and is not intended
to be taken as legal advice. Please consult a lawyer for legal
representation and assistance.
Copyright© 1995-2005, Bays Law, PC© - All Rights Reserved.
Note: This information is provided as a public service and is not
intended to be taken as legal advice. Please consult a lawyer for
legal representation and assistance.
Copyright© 1995-2005, Bays Law, PC©. All
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