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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.
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.
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.
BUSINESS LAW
The
following links may provide you with further information and
assistance related to Business Law issues:
U.S.
Securities and Exchange Commission (small business)
U.S. Department of
Labor
U.S. Patent and
Trademark Office
U.S. Copyright
Office Home Page
Better Business
Bureau
U.S. Department of
Commerce
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.
CONTRACT DISPUTES
Contract Law - relates to the area of law dealing with persons or
companies engaged in a voluntary promise between competent parties
to do, or not to do, something that the law will enforce. These are
binding promises, which may be oral or written.
What is a contract?
A contract could obligate someone even if he or she wants to call
the deal off before receiving anything from the other side. The
details of the contract usually include: who, how, what, how much,
how many, when, etc. These areas are the provisions or terms of the
contract. A contract may only be joined by people who are able to
understand what they are doing. It requires maturity and mental
capacity of both parties.
What
determines enough maturity to make a contract?
A
valid contract is considered if the persons involved are the age of
majority, which is usually age eighteen.
When
does mental capacity invalidate a contract?
Whether people have the capacity to understand what they are doing
and to appreciate its effects when they make a deal determines
whether a person is mentally capable of engaging in a valid
contract.
Do
contracts have to be in writing?
Many
types of contracts do not have to be written to be enforceable.
Terms:
Offer: an offer and acceptance of the terms of a contract is a
communication by an offer or of a present intention to enter a
contract.
Option Contract: an option is an agreement, made for consideration,
to keep an offer open for a certain period.
Acceptance of an Offer: acceptance is the offeree's voluntary
communicated agreement or assent to the terms and conditions of the
offer.
Assent: is some act or promise of agreement.
Condition: a condition is an event that has to occur if the contract
is to be performed.
Types
of contracts:
Residential or Commercial Lease
Surety Contracts
Warranties
Receipts
Written Contracts
Implied contracts
Oral
Contracts
Breach of Contract
The
following links may provide you with further information and
assistance related to Contract Law issues:
FindLaw: Contract Law Links
U.S. Contract Law
Information
U.S. Commercial Law
Information
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.
WILLS,
TRUSTS, LIVING TRUSTS & ESTATE PLANNING
Wills. A will allows you to control what happens to your
property in the event you should die. It enables you to designate
the best available person to tend for your young children and/or
distributes your hard earned property to the most deserving
beneficiary.
Trusts.
A trust is a legal document used to hold and manage real property
and tangible or intangible personal property. Putting property in
trust transfers it from your personal ownership to the ownership of
a legal entity called a "trust" which holds the property for your
benefit or the benefit of anyone else you might name. Many trusts
are set up in wills, and take effect upon death. Others can be
established while you are still alive.
Living Trusts.
A living trust is a trust established while you are still alive. It
can serve as a partial substitute for a will. There are three
parties to a living trust: 1) The creator of the trust (grantor,
settlor, or donor); 2) The trustee (person who holds or manages the
property for the benefit of the creator or other beneficiaries); 3)
One or more beneficiaries (the person or persons named to receive
the benefits of the trust).
Estate Planning.
An estate plan ensures that your property is distributed timely and
properly to your beneficiaries. Options include: gifts made before
you die; insurance or pension benefits paid directly to them as the
named beneficiaries; a living trust; using expedited will probate
(available for smaller estates in most states); and taking advantage
of laws in certain states that provide partial payments to
beneficiaries while the estate is in probate.
Information You Need to Plan Your Estate
The
Names, Addresses, and Birth Dates of all persons, whether or not
related to you, you expect to name in your will;
The Name, Address, and Telephone Numbers of the person(s) you expect
to name as the executor of your will;
If you have Minor Children, the Names, Addresses and Telephone
Numbers of possible guardians;
Amount and Source of your Principal Income and other Income such as
Interest and Dividends;
Amount, Source, and Beneficiaries, if any, of your retirement
Benefits, including IRAs, Pensions, Keogh Accounts, Government
Benefits, and Profit-Sharing Plans;
Amount, Source, and Beneficiaries, if any, of other Financial Assets
such as Bank Accounts, Annuities, and Loans due you;
Amount of your Debts, including Mortgages, Installment Loans, and
Business Debts, if any;
A
list (with approximate values) of Valuable Property you own,
including Real Estate, Jewelry, Furniture, Collections, Heirlooms
and other assets;
A
list and Description of Jointly Owned Property and the Co-Owners;
Any Documents that might affect your Estate Plan, including
Prenuptial Agreements, Marriage Certificates, Divorce Decrees,
Recent TAX Returns, Existing Wills and Trust Documents, Property
Deeds, etc.;
Location of any Safe Deposit Boxes and an Inventory of the Contents
of each.
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
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