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Split Custody Defined

Split custody is a custody arrangement in which each parent is awarded primary physical custody of at least one child. In other words, the children are divided between the parents, with each parent having primary physical custody of one or more children.

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For example, in a split custody arrangement, one parent may have primary physical custody of one child while the other parent has primary physical custody of another child or children. This differs from joint custody, where both parents share physical custody of all the children.

Split custody arrangements are less common than joint custody or sole custody arrangements and may be considered in cases where it’s deemed to be in the best interests of the children, such as situations where the children have strong bonds with each parent or have expressed a preference to live primarily with one parent.

It’s important to note that split custody arrangements can have significant implications for co-parenting, scheduling, and child support, and they may require careful consideration and planning to ensure the well-being of all the children involved. Additionally, split custody arrangements may not be suitable for all families and should be evaluated based on the unique circumstances of each case.

Speak With Our Guardianship Lawyers in Arizona

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Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

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How Long Do Custody Cases Take?

The duration of custody cases can vary widely depending on various factors, including the complexity of the case, the jurisdiction in which the case is filed, the willingness of the parties to cooperate and reach an agreement, and the court’s docket and scheduling constraints. In general, custody cases can take anywhere from a few months to over a year to reach a resolution. Here are some factors that can influence the timeline:

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  1. Type of Custody Dispute: The complexity of the custody dispute can significantly impact the duration of the case. Cases involving contentious issues such as allegations of abuse, substance abuse, or parental alienation may take longer to resolve than cases where the parties are able to cooperate and reach an agreement.
  2. Court Procedures: Each jurisdiction has its own court procedures and timelines for custody cases. Some courts may have expedited procedures for resolving custody disputes, while others may have lengthy waiting periods due to backlogs and scheduling constraints.
  3. Mediation or Alternative Dispute Resolution: Many courts require parties to participate in mediation or other alternative dispute resolution processes before proceeding to trial. The length of time it takes to schedule and complete mediation can affect the overall duration of the case.
  4. Evaluation or Investigation: In some cases, the court may order a custody evaluation or investigation by a mental health professional or social worker to assess the best interests of the child. The time it takes to complete the evaluation or investigation can vary depending on factors such as the availability of the evaluator, the complexity of the case, and the need for additional information.
  5. Court Hearings and Trial: If the parties are unable to reach an agreement on custody, the case may proceed to a trial where a judge will make a final decision. Court hearings and trial dates may be scheduled based on the court’s docket and availability of parties, attorneys, and witnesses, which can contribute to delays in the resolution of the case.
  6. Cooperation of Parties: The willingness of the parties to cooperate and negotiate in good faith can have a significant impact on the duration of the case. Parties who are able to communicate effectively, collaborate on parenting plans, and work towards a resolution outside of court may be able to expedite the process.

Overall, it’s essential to consult with an experienced family law attorney who can provide guidance on the specific procedures and timelines for custody cases in your jurisdiction. Additionally, understanding the factors that can influence the duration of the case can help parties manage their expectations and make informed decisions throughout the process.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711
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Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

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Regular Post
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Sample Cease Communications Letter To Creditor

Sample Cease Communications Letter To Creditor

Here’s a sample cease communications letter to a creditor:

[Your Name] [Your Address] [City, State, Zip Code] [Your Email Address] [Your Phone Number] [Date]

[Creditor’s Name] [Creditors’ Address] [City, State, Zip Code]

Subject: Cease Communication Request

Dear [Creditor’s Name],

I am writing to request that you cease all communications with me regarding the debt associated with account [Account Number]. Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC § 1692c(c), I am exercising my right to request that you cease all communications with me, my family members, and any third parties regarding this debt.

Please be advised that I am aware of my rights under the FDCPA and will take appropriate action to enforce them if necessary. I expect your compliance with this request immediately.

Please confirm in writing that you have received this letter and will cease all communications with me regarding this debt. Any further communication from your company after receipt of this letter will be considered a violation of the FDCPA.

Thank you for your prompt attention to this matter.

Sincerely, [Your Name]

It’s important to send this letter via certified mail with return receipt requested to have documentation of the creditor’s receipt. Additionally, keep a copy of the letter and the mailing receipt for your records. If the creditor continues to contact you after receiving the letter, you may want to consult with a consumer rights attorney or file a complaint with the Consumer Financial Protection Bureau (CFPB).

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What Happens to My Car During Bankruptcy?
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Written by Canterbury Law Group

Can You Keep Your Car After Filing Bankruptcy?

Whether you can keep your car after filing bankruptcy depends on several factors, particularly the type of bankruptcy you file, the value of your car, and the exemptions available in your state. Here’s a breakdown:

Types of Bankruptcy:

  • Chapter 7 Bankruptcy: This type aims to liquidate non-exempt assets to pay creditors. Whether you keep your car depends on:
    • Car Value vs. Exemption: If your car’s value falls below the motor vehicle exemption allowed in your state, you can likely keep it. This exemption protects a certain value of your car from being sold by the bankruptcy trustee to pay creditors.
    • Car Loan: If you have a car loan, keeping the car requires either:
      • Reaffirmation: You agree to continue making payments under the original loan terms. This can be risky as you lose the protection of bankruptcy if you default on payments later.
      • Redemption: You pay the car’s current value to the lender to keep the car and own it free and clear.
  • Chapter 13 Bankruptcy: This type involves creating a repayment plan to repay creditors over 3-5 years. You generally keep your car as long as you stay current on your car loan payments and other plan payments.

Here are some additional points to consider:

  • Equity: The difference between your car’s value and your loan balance is your equity. If your equity exceeds the exemption, the trustee may sell the car and use the proceeds to pay creditors in a Chapter 7 case.
  • State Exemptions: Each state has different bankruptcy exemptions, so it’s crucial to research the specific exemption amount for your state’s motor vehicles. You can find this information online, through legal resources, or by consulting with a bankruptcy attorney.

What Happens to Your Car in Chapter 7 Bankruptcy?

In Chapter 7 bankruptcy, the fate of your car depends on various factors, including the equity you have in the vehicle, whether you’re behind on payments, and the exemptions available to protect assets in your state. Here’s what typically happens to your car in Chapter 7 bankruptcy:

  1. Equity and Exemptions: If your car has significant equity (the value of the car exceeds any outstanding loans or liens), it may be at risk of being sold by the bankruptcy trustee to repay your creditors. However, many states offer exemptions that allow you to protect a certain amount of equity in your car. If the equity in your car is within the exemption limit, you may be able to keep your car.
  2. Secured Debt: If you have a car loan, it’s considered a secured debt, meaning the loan is secured by the vehicle itself. In Chapter 7 bankruptcy, you have the option to reaffirm the debt, redeem the car by paying its current value in a lump sum, or surrender the car to the lender. Reaffirming the debt means you agree to continue making payments on the car loan and retain ownership of the vehicle.
  3. Vehicle Exemption: In many states, there’s a specific exemption called the motor vehicle exemption, which allows you to exempt a certain amount of equity in your car from being used to repay creditors in bankruptcy. If the equity in your car falls within the exemption limit, you can typically keep your car.
  4. Loan Arrears: If you’re behind on car payments and want to keep the car, you may have the option to catch up on missed payments through a reaffirmation agreement or a repayment plan approved by the court.
  5. Nonexempt Equity: If the equity in your car exceeds the exemption limit and you’re unable to protect it, the bankruptcy trustee may sell the car, use the proceeds to pay off your creditors, and distribute any remaining funds to you.
  6. Leased Cars: If you’re leasing a car and want to keep it, you may have the option to assume the lease and continue making payments. However, you’ll need to continue making payments on time to retain possession of the leased vehicle.

What Happens to Your Car in Chapter 13 Bankruptcy?

In Chapter 13 bankruptcy, the fate of your car can be different compared to Chapter 7 bankruptcy due to the structure of the repayment plan. Here’s what typically happens to your car in Chapter 13 bankruptcy:

  1. Automatic Stay: Like Chapter 7 bankruptcy, filing for Chapter 13 bankruptcy triggers an automatic stay, which temporarily halts creditor collection actions, including repossession of your car.
  2. Repayment Plan: In Chapter 13 bankruptcy, you propose a repayment plan to the court to repay all or a portion of your debts over three to five years. Your car loan is included in this plan.
  3. Cure Arrears: If you’re behind on car payments, your Chapter 13 repayment plan allows you to catch up on missed payments (arrears) over the plan’s duration. This allows you to keep your car while repaying what you owe.
  4. Valuation and Treatment: The value of your car is determined based on its fair market value, not the amount owed on the loan. If the value of your car is less than the amount owed (negative equity), you may have the option to cram down the loan to the car’s fair market value, potentially reducing the principal balance and interest rate.
  5. Interest Rate: In some cases, Chapter 13 bankruptcy allows you to reduce the interest rate on your car loan, making monthly payments more affordable.
  6. Reaffirmation: You may have the option to reaffirm your car loan during Chapter 13 bankruptcy, meaning you agree to continue making payments on the loan and retain ownership of the vehicle. However, reaffirmation is subject to court approval and may not always be necessary or advisable.
  7. Surrender or Redeem: If you’re unable to afford the car payments or no longer want to keep the car, you may have the option to surrender the vehicle to the lender or redeem it by paying its current value in a lump sum.
  8. Completion of Plan: Once you successfully complete your Chapter 13 repayment plan, any remaining balances on your car loan and other unsecured debts may be discharged, allowing you to retain ownership of your car free and clear of debt.

How is Debt Managed in Chapter 7 Bankruptcy

In Chapter 7 bankruptcy, debt is managed differently compared to Chapter 13 bankruptcy. Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” involves the sale of nonexempt assets to repay creditors and the discharge of qualifying debts. Here’s how debt is managed in Chapter 7 bankruptcy:

  1. Automatic Stay: Upon filing for Chapter 7 bankruptcy, an automatic stay goes into effect, which temporarily halts creditor collection actions, including foreclosure, repossession, wage garnishment, and debt collection lawsuits.
  2. Liquidation of Assets: In Chapter 7 bankruptcy, a bankruptcy trustee is appointed to oversee the liquidation of nonexempt assets. Nonexempt assets are those not protected by exemptions under federal or state law. The trustee sells these assets and distributes the proceeds to creditors. However, many states have exemptions that allow debtors to protect certain assets from liquidation, such as a primary residence, personal belongings, and retirement accounts.
  3. Debt Discharge: Certain types of debts may be discharged (eliminated) in Chapter 7 bankruptcy, meaning you’re no longer legally obligated to repay them. Qualifying debts typically include unsecured debts such as credit card debt, medical bills, personal loans, and certain types of loans. However, certain debts, such as child support, alimony, most student loans, and certain tax debts, are generally not dischargeable in Chapter 7 bankruptcy.
  4. Exempt Property: In Chapter 7 bankruptcy, debtors are allowed to keep (“exempt”) certain property up to a certain value, as determined by federal or state exemption laws. Exempt property typically includes necessities such as clothing, household furnishings, tools of the trade, and a primary residence up to a specified equity limit.
  5. Means Test: To qualify for Chapter 7 bankruptcy, debtors must pass a means test, which evaluates their income and expenses to determine if they have enough disposable income to repay their debts through a Chapter 13 repayment plan. If a debtor’s income exceeds the median income for their state or if they fail the means test, they may be required to file for Chapter 13 bankruptcy instead.
  6. Debt Counseling: Before receiving a discharge in Chapter 7 bankruptcy, debtors are required to complete credit counseling from a court-approved agency. Additionally, debtors must complete a financial management course after filing for bankruptcy.
  7. Discharge of Debts: Once the bankruptcy process is complete and any required courses are finished, qualifying debts are discharged, providing debtors with a fresh financial start. However, it’s important to note that not all debts may be discharged, and certain obligations, such as child support, alimony, and certain tax debts, may survive bankruptcy.

How is Debt Managed in Chapter 13 Bankruptcy?

In Chapter 13 bankruptcy, debt is managed through a court-approved repayment plan. Unlike Chapter 7 bankruptcy, where certain assets may be sold to pay off creditors, Chapter 13 allows individuals with regular income to reorganize their debts and create a plan to repay all or a portion of their debts over a period of three to five years. Here’s how debt is managed in Chapter 13 bankruptcy:

  1. Filing and Plan Proposal: To initiate Chapter 13 bankruptcy, you must file a petition with the bankruptcy court and propose a repayment plan outlining how you will repay your debts over the plan’s duration. The plan typically prioritizes certain types of debts, such as priority debts (e.g., taxes, domestic support obligations), secured debts (e.g., mortgages, car loans), and unsecured debts (e.g., credit card debt, medical bills).
  2. Automatic Stay: Upon filing for Chapter 13 bankruptcy, an automatic stay goes into effect, which temporarily halts creditor collection actions, including foreclosure, repossession, wage garnishment, and debt collection lawsuits.
  3. Plan Confirmation: After filing the repayment plan, the bankruptcy trustee and creditors have an opportunity to review and object to the plan. If no objections are raised, or if objections are resolved, the bankruptcy court holds a confirmation hearing to approve the plan. Once the court confirms the plan, it becomes binding on both the debtor and creditors.
  4. Payment to Trustee: Under the Chapter 13 repayment plan, you make regular payments to the bankruptcy trustee, who then distributes the funds to creditors according to the terms of the plan. The trustee’s role is to oversee the administration of the bankruptcy estate, ensure compliance with the plan, and facilitate payments to creditors.
  5. Debt Repayment: During the plan’s duration, you make monthly payments to the trustee based on your disposable income and ability to repay debts. The trustee allocates these payments to creditors according to the plan’s terms. Secured debts, such as mortgages and car loans, are typically paid in full or brought current through the plan, while unsecured debts may receive partial repayment based on available funds.
  6. Completion of Plan: Once you successfully complete the Chapter 13 repayment plan, any remaining balances on eligible debts may be discharged, meaning you’re no longer legally obligated to repay them. However, certain debts, such as student loans, domestic support obligations, and certain tax debts, may not be dischargeable in Chapter 13 bankruptcy.

Overall, Chapter 13 bankruptcy provides individuals with a structured framework to repay their debts over time while retaining their assets and avoiding liquidation. It’s essential to work with an experienced bankruptcy attorney to navigate the Chapter 13 process, develop a feasible repayment plan, and achieve your financial goals.

How Does Bankruptcy Affect Credit?

Bankruptcy can have a significant impact on an individual’s credit score and creditworthiness. Here are some ways in which bankruptcy can affect credit:

  1. Credit Score: Filing for bankruptcy typically results in a significant drop in credit score. The extent of the drop depends on various factors, including the individual’s credit history, the type of bankruptcy filed (Chapter 7 or Chapter 13), and the amount of debt discharged.
  2. Credit Report: Bankruptcy remains on a credit report for a certain period, depending on the type of bankruptcy filed. Chapter 7 bankruptcy remains on a credit report for ten years from the filing date, while Chapter 13 bankruptcy remains for seven years from the filing date.
  3. Credit Availability: After filing for bankruptcy, individuals may find it challenging to obtain new lines of credit or loans. Lenders may view them as high-risk borrowers and may offer credit with higher interest rates and less favorable terms.
  4. Credit Card Accounts: Credit card accounts included in a bankruptcy filing are typically closed by the creditor. This can reduce the individual’s available credit and further impact their credit utilization ratio.
  5. Rebuilding Credit: While bankruptcy can have a negative impact on credit, it is not permanent. With responsible financial management and timely payments, individuals can begin rebuilding their credit over time. This may involve obtaining secured credit cards, making on-time payments, keeping credit utilization low, and avoiding new debt.
  6. Credit Counseling Requirement: Before receiving a bankruptcy discharge, individuals are required to complete credit counseling from a court-approved agency. This counseling may provide valuable financial education and help individuals develop strategies for managing credit responsibly in the future.
  7. Employment and Housing: While not directly related to credit, it’s worth noting that some employers and landlords may check credit reports as part of the application process. A bankruptcy filing could potentially impact employment opportunities or housing options, although this varies depending on the employer or landlord’s policies.
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The Consequences Of Filing For Bankruptcy

Filing for bankruptcy can have significant consequences, both financial and non-financial. It’s a complex legal process that provides relief for individuals or businesses struggling with overwhelming debt but comes with various implications. Here are some of the consequences of filing for bankruptcy:

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Financial Consequences:

  1. Credit Score Impact:
    • Filing for bankruptcy will likely have a severe negative impact on your credit score. A bankruptcy record can remain on your credit report for several years, making it challenging to obtain credit or loans.
  2. Difficulty Obtaining Credit:
    • After bankruptcy, obtaining new credit, such as credit cards or loans, may be more difficult, and if approved, interest rates may be higher.
  3. Limited Access to Financial Products:
    • Bankruptcy can limit access to certain financial products and services. For example, you may find it challenging to qualify for a mortgage or an auto loan with favorable terms.
  4. Asset Liquidation:
    • In Chapter 7 bankruptcy, some of your assets may be sold to pay off creditors. Certain assets, however, may be exempt from liquidation.
  5. Repayment Plans (Chapter 13):
    • In Chapter 13 bankruptcy, you may be required to follow a court-approved repayment plan to pay off your debts over a specified period, usually three to five years.
  6. Impact on Co-Signers:
    • If someone co-signed a loan with you, they may become responsible for the debt if you file for bankruptcy.

Non-Financial Consequences:

  1. Public Record:
    • Bankruptcy is a public record, and your filing will be accessible to creditors, employers, and the general public.
  2. Employment Impact:
    • While federal law prohibits discrimination based solely on bankruptcy status, some employers may consider it during the hiring process. Positions involving financial responsibilities may be particularly affected.
  3. Housing and Utilities:
    • Some landlords and utility companies may inquire about your bankruptcy history, potentially affecting your ability to secure housing or utility services.
  4. Impact on Personal Relationships:
    • The stress and strain of financial difficulties and bankruptcy can impact personal relationships, including those with family and friends.
  5. Loss of Non-Exempt Property:
    • In Chapter 7 bankruptcy, non-exempt property may be sold to pay off creditors. Exemptions vary by state and protect certain types and amounts of property.

It’s important to note that the specific consequences can vary based on the type of bankruptcy filed (Chapter 7 or Chapter 13), individual circumstances, and applicable state laws. Additionally, while bankruptcy has significant consequences, it also provides individuals and businesses with an opportunity for a fresh financial start.

Before deciding to file for bankruptcy, it’s crucial to consult with a qualified bankruptcy attorney who can assess your situation, explain the potential consequences, and guide you through the process.

What Is the Process of Filing for Emergency Bankruptcy?

A bankruptcy case filed with only a portion of the necessary forms is known as an emergency bankruptcy filing. An emergency filing may also be referred to as an incomplete filing, a skeleton bankruptcy, or a barebones filing, depending on where you live. The minimal information needed to invoke the automatic stay protection is included in an emergency bankruptcy petition as required by the Bankruptcy Code.

Even in urgent situations, the automatic stay begins to operate as soon as your bankruptcy case is filed. All of your creditors are required by the automatic stay to cease pursuing collection actions against you. The automatic stay can start working even before you’ve finished filing for bankruptcy thanks to an emergency petition.

While it is possible to file for bankruptcy in an emergency situation before finishing all the necessary paperwork, doing so does not release you from filing for bankruptcy in an ordinary manner. As required by law, you have 14 days from the date of your emergency filing to file the remaining forms. If not, your case will be dropped, allowing your creditors to start pursuing collection.

Why Do Individuals File for Bankruptcy in an Emergency?

Most people file for emergency bankruptcy in order to stop a collection action that could soon be initiated. Before choosing to file for bankruptcy, many people do some research and consider their options. It may take some time to gather all the required paperwork and complete all the forms, even after you’ve made the decision to file.

The automatic stay has the power to halt additional collection attempts, but it cannot reverse already completed actions. For this reason, it’s imperative that the automatic stay be in place before there is a wage garnishment, bank levy, repossession, or foreclosure. In the event that you are unable to complete all of your paperwork prior to a significant collection event, you can file for emergency bankruptcy, which will protect you from creditors until you have completed your forms.

What is Required for an Urgent Case?

Only a small portion of the documentation needed to complete your bankruptcy filing will be needed for an emergency bankruptcy filing. You still need to fulfill a few minimal requirements in order to file for an emergency.

Select the Appropriate Type of Bankruptcy

Most people file for bankruptcy using either the Bankruptcy Code’s Chapter 7 or Chapter 13. These two types of bankruptcy were intended for different purposes and operate very differently. Chapter 7 is mainly used by debtors to get rid of unsecured debt, like credit card and medical bills. You have to make your payments on time in order to maintain your vehicle or home in Chapter 7.

Repossessions and foreclosures are frequently stopped through emergency bankruptcy filings. Chapter 13 bankruptcy typically makes more sense in these circumstances. The Chapter 13 repayment plan is often used by debtors who are behind on their rent, mortgage, or auto payments in order to catch up on these payments.

The type of bankruptcy you’re filing must be specified when filing an emergency case. Switching to a different chapter isn’t always simple if you select the incorrect kind of case. Try to arrange a meeting with a knowledgeable bankruptcy attorney if you’re unsure which chapter to file under. When you arrange the consultation, make sure to mention that you’re in an emergency.

Verify Your Eligibility

Not everyone is qualified to file for bankruptcy under Chapter 7. To find out if you are eligible for Chapter 7 relief, you will need to pass a means test. Although completing the means test calculations prior to filing is not necessary in the event of an emergency, it is a good idea in case there is a problem with your eligibility for Chapter 7.

You should also see if you are eligible for a bankruptcy discharge if you have previously filed for bankruptcy. There are waiting periods between a previous bankruptcy discharge and a new discharge mandated by the Bankruptcy Code. Depending on the chapter you filed under previously and the chapter you are filing under now, these wait times vary. The wait periods only come into play if your prior case resulted in a discharge. A Chapter 13 plan can be used to make up missed payments even if you are not eligible for a discharge because of an earlier case.

If you have previously filed for bankruptcy, there are additional restrictions that might be applicable to the automatic stay. The automatic stay usually lasts from the time a bankruptcy case is filed until it is dismissed or discharged. The automatic stay in your new case will only last 30 days if you filed for bankruptcy within the last year and that bankruptcy was dismissed (not discharged). If you want to prolong the automatic stay past 30 days, you can file a motion. Usually, you have to file the motion along with your emergency documents.

When you file for bankruptcy, the automatic stay won’t apply if you’ve filed for bankruptcy twice or more in the previous year. To enforce the stay, you can file a motion, but you’ll need to wait for a hearing and a ruling. You will not be shielded from ongoing collection actions by filing for emergency bankruptcy if there is no automatic stay in place.

Enroll in a Credit Counseling Program

Prior to filing for bankruptcy, all applicants must finish a credit counseling program from an authorized provider. This covers last-minute bankruptcy petitions. Most suppliers provide the course over the phone, online, or both. The cost ranges from $10 to $45, depending on the provider. The course is offered once, with sessions lasting typically less than two hours. A certificate will be emailed to you by the provider once the course is finished. When submitting your emergency forms to the court, you also need to submit this certificate.

Fill out the Forms That Are NECESSARY.

In order to file for emergency bankruptcy, you need to at least fill out and submit the following forms:

Form 101, Voluntary Petition: This eight-page form asks for basic details about your name, address, type of bankruptcy, and history of bankruptcies, if any.

Social Security Number Declaration (Form 121): You will only use your complete Social Security number here in your documentation. It is hidden from creditors, attorneys, and even your trustee; only the court can view it.

An alphabetical list of all your creditors along with their mailing addresses can be found in the creditor matrix. The matrix must be submitted in a specific format to the majority of bankruptcy courts. In certain courts, the list of creditors must be submitted with a verification form. To be sure of the requirements, check with the court where your case will be filed.

Obtain Your Filing Cost

For Chapter 7 cases, the bankruptcy court charges a filing fee of $338, and for Chapter 13 cases, it charges $313. When you file your case, the fee is due. You can file a motion requesting the court to allow you to pay the filing fee in installments if you are unable to pay the entire amount. When you file your emergency case, most courts require you to pay a minimum first installment. For confirmation, check with your court.

You may petition the court to have your filing fee waived if your income is less than 150% of the federal poverty guidelines. When filing your emergency paperwork, you must also file your motion for installments or a fee waiver if you are not paying the full fee.

Put In The Case

New cases can only be filed online by bankruptcy attorneys. Since mailing your forms can cause a delay, it is best to file your paperwork in person in an emergency. To locate your bankruptcy court, use the federal court locater. Certain bankruptcy districts have restrictions on where you can file depending on the county in which you reside. To verify the residence rules and office hours, visit the website of your court. Finding out if your court has any additional requirements—such as bringing specific forms of identification or extra copies of your forms—also helps. Call the court clerk if you’re unsure.

I’ve filed for bankruptcy in an emergency. What Now?

Although filing for emergency bankruptcy will provide you with some immediate relief, your work is not over. Notifying the creditor who prompted you to file the emergency case is necessary. Additionally, you must finish and submit the last of your bankruptcy forms.

Let Your Creditor Know

Notification of your emergency filing will be mailed to each creditor in your creditor matrix by the bankruptcy court. However, it may take a few days or more for this notice to reach creditors. You should give the creditor a call directly in order to successfully halt a garnishment, lawsuit, foreclosure, repossession, or other collection action. Make contact with the creditor’s lawyer if you are familiar with them rather than contacting the creditor directly. Typically, you’ll need to provide them with your bankruptcy case number, the court you filed with, and the filing date. In case there is an issue, jot down the time and person you spoke with when you called.

Fill out the remaining bankruptcy forms and file them.

You have just 14 days from the time you file your emergency documents to the time you file the remaining bankruptcy forms. Remember, fourteen days can pass quickly, so don’t wait. The remaining forms, along with instructions, can be accessed online, just like the emergency forms. For every state, Upsolve also offers a free filing guide.

The bankruptcy court will send you a deficiency notice a few days after you file your emergency case. This does not imply that the material you have already filed is flawed. It simply indicates that you haven’t yet submitted all necessary forms. A list of the forms you still need to file and the due date for doing so will be included with your deficiency notice. To ensure that the remaining forms are received by the deadline, submit them in person.

The court has the right to dismiss your case if you fail to file the last of the bankruptcy forms by the deadline. The automatic stay is lifted upon a dismissal, allowing your creditors to resume collection efforts. You can file a motion requesting an extension from the court if you require more time to file the remaining forms. Don’t ask for more time unless you absolutely need it, as courts are frequently hesitant to grant these extensions.

Following the submission of all necessary paperwork, your case will be handled similarly to other bankruptcy cases. The date, time, and location of your creditors’ meeting, along with your trustee’s contact details, ought to be included in a notification you receive. About 30 to 45 days typically pass after the date of filing. It’s likely that you’ll receive a request for documents from your trustee, which you must submit at least seven days prior to the meeting.

What Drawbacks Come With Emergency Bankruptcy Filing?
The fact that you have so little time to prepare your bankruptcy forms is the largest disadvantage of filing an emergency case. The shapes are intricate. Documents like bank statements, tax returns, and pay stubs must be gathered. Another disadvantage is that you might run into unforeseen problems with your case when filling out your other forms, like property that isn’t exempt from fees. You don’t have much time to solve problems once you encounter them.

Furthermore, even though filing for emergency bankruptcy gives you some relief, in some cases it’s only a short-term fix. For example, in Chapter 7, you have to immediately bring the payments current if you want to keep your house or vehicle. You have an extended period in Chapter 13 to make up missed payments. Regardless of the chapter you file under, you only have 30 days to bring your payments current if you filed for bankruptcy to prevent an eviction.You only submit the bare minimum of paperwork to the bankruptcy court when filing for bankruptcy emergency. When you need to halt an impending threat of collection, like a wage garnishment, foreclosure, or repossession, emergency filings can be useful. In these circumstances, you might have to file for bankruptcy quickly because you won’t have enough time to finish all the paperwork. You are protected from creditors by the automatic stay, which is activated by the emergency filing. However, you only have 14 days from the date of filing to finish all other documentation. This could be dangerous, particularly if problems arise with your case. Your case may be dismissed if the remaining forms are not submitted by the deadline.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

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Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

bankruptcy, bankruptcy attorneys, Chapter 11, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 5 claims, Chapter 7, Chapter 7 Bankruptcy
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Regular Post
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Defining Joint Legal Custody

Joint legal custody refers to a custody arrangement in which both parents share the legal rights and responsibilities regarding major decisions affecting their child’s life, even though the child may primarily reside with one parent. Here’s what joint legal custody typically entails:

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  1. Decision-Making Authority: Parents with joint legal custody have an equal say in important decisions regarding their child’s upbringing, including matters related to education, healthcare, religious upbringing, and extracurricular activities. Both parents have the right to participate in making these decisions and must consult with each other before reaching a consensus.
  2. Communication and Cooperation: Effective communication and cooperation between parents are essential for successful joint legal custody. Parents must be willing to discuss and collaborate on important decisions, consider each other’s perspectives, and prioritize the best interests of their child.
  3. Parenting Plan or Agreement: Joint legal custody is typically established through a parenting plan or agreement, either voluntarily by the parents or by court order. This plan outlines the terms and conditions of joint legal custody, including how major decisions will be made, how disputes will be resolved, and the communication methods between parents.
  4. Residential Arrangement: In most cases of joint legal custody, the child resides primarily with one parent (the custodial parent) while spending scheduled time with the other parent (the non-custodial parent). However, both parents retain equal decision-making authority, regardless of the child’s primary residence.
  5. Equal Rights and Responsibilities: Parents with joint legal custody have equal rights and responsibilities concerning their child’s welfare and upbringing. This includes the right to access information about the child’s education, healthcare, and other important aspects of their life, as well as the responsibility to contribute to the child’s financial support and overall well-being.
  6. Dispute Resolution: In situations where parents cannot agree on a major decision, the parenting plan or court order may specify a dispute resolution process, such as mediation or arbitration, to help parents reach a resolution. If necessary, the court may intervene to make a decision in the child’s best interests.

Joint legal custody allows both parents to remain actively involved in their child’s life and ensures that major decisions are made collaboratively, taking into account the child’s best interests. While joint legal custody requires parents to work together effectively, it can provide stability and continuity for the child by maintaining meaningful relationships with both parents.

What Are The Basics of Joint Legal Custody?

Joint legal custody is a custody arrangement in which both parents share the legal rights and responsibilities regarding major decisions affecting their child’s life, even if the child primarily resides with one parent. Here are the basics of joint legal custody:

  1. Shared Decision-Making: Parents with joint legal custody have an equal say in important decisions concerning their child’s upbringing, including matters related to education, healthcare, religious upbringing, and extracurricular activities. Both parents must collaborate and consult with each other before making significant decisions.
  2. Legal Rights and Responsibilities: Joint legal custody grants both parents equal legal rights and responsibilities regarding their child. This includes the right to access information about the child’s education, healthcare, and other important aspects of their life, as well as the responsibility to participate in decision-making and contribute to the child’s financial support and overall well-being.
  3. Communication and Cooperation: Effective communication and cooperation between parents are essential for successful joint legal custody. Parents must be willing to discuss important decisions, exchange information about the child’s well-being, and work together to resolve disagreements or conflicts in the child’s best interests.
  4. Parenting Plan or Agreement: Joint legal custody is typically established through a parenting plan or agreement, either voluntarily by the parents or by court order. This plan outlines the terms and conditions of joint legal custody, including how major decisions will be made, how disputes will be resolved, and the communication methods between parents.
  5. Residential Arrangement: In most cases of joint legal custody, the child resides primarily with one parent (the custodial parent) while spending scheduled time with the other parent (the non-custodial parent). However, both parents retain equal decision-making authority, regardless of the child’s primary residence.
  6. Best Interests of the Child: The overarching principle in joint legal custody is the best interests of the child. All decisions made by parents should prioritize the child’s well-being, safety, and emotional development. Parents should consider factors such as the child’s age, maturity, preferences, and special needs when making decisions.
  7. Flexibility and Adaptability: Joint legal custody requires parents to be flexible and adaptable to changing circumstances. It’s essential for parents to maintain open lines of communication, be willing to compromise, and seek the child’s best interests, even in challenging situations.

Overall, joint legal custody allows both parents to remain actively involved in their child’s life and ensures that major decisions are made collaboratively, promoting stability, continuity, and the child’s overall well-being.

How is Joint Legal Custody Shared?

oint legal custody is shared between both parents in a collaborative manner. Here’s how it typically works:

  1. Equal Decision-Making Authority: With joint legal custody, both parents have equal decision-making authority regarding important aspects of their child’s life, such as education, healthcare, religious upbringing, and extracurricular activities. This means that both parents have the right to participate in making major decisions that affect the child’s well-being.
  2. Collaboration and Communication: Parents are expected to communicate openly and collaborate effectively when making decisions about their child. This may involve discussing various options, sharing information, considering each other’s perspectives, and reaching a consensus on important matters. Effective communication is essential for successful joint legal custody.
  3. Consultation Requirement: Before making significant decisions regarding the child, both parents are typically required to consult with each other and attempt to reach an agreement. This ensures that both parents have the opportunity to provide input and participate in the decision-making process. If parents cannot agree, they may need to seek mediation or court intervention to resolve disputes.
  4. Parenting Plan or Agreement: Joint legal custody is often established through a parenting plan or agreement, which outlines the terms and conditions of custody, including how major decisions will be made. The parenting plan may specify communication methods between parents, procedures for resolving disputes, and mechanisms for sharing information about the child’s well-being.
  5. Flexibility and Cooperation: Successful joint legal custody requires parents to be flexible, cooperative, and willing to work together in the best interests of their child. This may involve compromising on certain issues, respecting each other’s opinions, and prioritizing the child’s needs above personal differences.
  6. Respect for Court Orders: If joint legal custody is established through a court order, both parents are legally bound to comply with the terms of the order and fulfill their responsibilities as outlined. This includes following the parenting plan, attending mediation or counseling sessions if required, and adhering to any court-imposed conditions.

Overall, joint legal custody requires parents to share decision-making responsibilities and work together to promote the well-being of their child. By fostering collaboration, communication, and respect, parents can ensure that their child’s needs are met and that major decisions are made in their best interests.

Pro’s and Con’s of Joint Legal Custody

oint legal custody, like any custody arrangement, comes with its own set of advantages and disadvantages. Here’s a breakdown of the pros and cons:

Pros:

  1. Shared Decision-Making: Both parents have equal input and decision-making authority regarding important aspects of their child’s life, such as education, healthcare, and religious upbringing. This allows the child to benefit from the perspectives and input of both parents.
  2. Continuity and Stability: Joint legal custody allows the child to maintain a strong relationship with both parents, even if they live primarily with one parent. This continuity of care and involvement from both parents can provide stability and emotional support for the child.
  3. Promotes Cooperation: Joint legal custody encourages parents to communicate and collaborate effectively for the well-being of their child. By working together to make decisions, parents can model cooperation and problem-solving skills for their child.
  4. Flexibility: Joint legal custody arrangements can often be flexible and adaptable to the changing needs of the child and the family. Parents can adjust schedules and decision-making processes as necessary to accommodate evolving circumstances.
  5. Shared Financial Responsibility: Both parents share financial responsibility for their child’s upbringing, including expenses related to education, healthcare, and extracurricular activities. Joint legal custody can help ensure that both parents contribute to the child’s financial needs.

Cons:

  1. Communication Challenges: Effective communication between parents is essential for successful joint legal custody. However, communication breakdowns or conflicts between parents can make decision-making difficult and lead to disagreements or disputes.
  2. Potential for Conflict: Differences in parenting styles, values, or priorities can sometimes lead to conflicts or disagreements regarding important decisions for the child. Resolving these conflicts may require mediation, counseling, or court intervention.
  3. Logistical Challenges: Coordinating schedules, sharing information, and making joint decisions can be logistically challenging, especially if parents live far apart or have busy schedules. This can create practical difficulties in implementing joint legal custody arrangements.
  4. Unequal Involvement: In some cases, one parent may be more actively involved in decision-making or may exert more influence over important decisions. This can lead to feelings of frustration or resentment if one parent feels marginalized or excluded from the process.
  5. Potential for Legal Battles: Disputes over major decisions or disagreements between parents can escalate into legal battles, leading to increased stress, time, and expense for both parents. This can create a contentious or adversarial environment that is not in the child’s best interests.

Overall, joint legal custody can be beneficial for many families, but it requires effective communication, cooperation, and flexibility from both parents to be successful. By focusing on the needs of the child and maintaining a child-centered approach, parents can navigate the challenges of joint legal custody and work together to promote the well-being of their child.

Speak With Our Guardianship Lawyers in Arizona

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Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

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What Is Sole Physical Custody?

Sole physical custody, also known as sole residential custody or sole parenting time, refers to a child custody arrangement where the child primarily lives with and spends the majority of their time with one parent, known as the custodial parent or residential parent.

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Sole physical custody, also known as sole residential custody or sole parenting time, refers to a child custody arrangement where the child primarily lives with and spends the majority of their time with one parent, known as the custodial parent or residential parent.

Here’s a breakdown of key aspects:

  1. Primary Residence: The child’s primary residence is with the parent who has sole physical custody. This parent is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and supervision.
  2. Decision-Making Authority: The parent with sole physical custody usually has the authority to make major decisions regarding the child’s upbringing, such as those related to education, healthcare, and religious upbringing. However, in some cases, major decisions may still require input from the non-custodial parent or may be subject to court approval.
  3. Visitation or Parenting Time: The non-custodial parent typically has visitation rights or parenting time with the child according to a court-approved schedule. This schedule may include specified times for the child to spend with the non-custodial parent, such as weekends, holidays, vacations, and other agreed-upon times.
  4. Child Support: In many cases of sole physical custody, the non-custodial parent is required to pay child support to the custodial parent to help cover the costs associated with raising the child. Child support payments are often determined based on factors such as each parent’s income, the needs of the child, and the custody arrangement.

It’s crucial to understand that:

  • Sole physical custody is not the preferred arrangement in most situations. Courts generally favor joint physical custody, where both parents share significant physical time with the child, as it is generally considered beneficial for the child’s well-being to maintain a relationship with both parents.
  • Sole physical custody is typically awarded only in specific circumstances, such as when:
    • There are concerns about the child’s safety or well-being with the non-custodial parent due to factors like abuse, neglect, instability, or substance abuse.
    • One parent lives a significant distance away, making frequent physical co-parenting impractical.
    • Both parents agree to this arrangement and believe it is in the child’s best interests.

It’s important to note that sole physical custody does not necessarily mean that the non-custodial parent is completely excluded from the child’s life. In most cases, courts recognize the importance of maintaining a relationship between the child and both parents, even if one parent has primary physical custody. However, sole physical custody may be awarded if it is determined to be in the best interests of the child based on factors such as the child’s relationship with each parent, the parents’ ability to cooperate and communicate, and any history of domestic violence or substance abuse.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711
INITIAL CONSULTATION

Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

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The Consequences Of Filing For Bankruptcy

Can Filing For Bankruptcy Make Your Tax Debt Go Away?

Filing for bankruptcy can offer a fresh start for those burdened by overwhelming debt, but it does come with consequences that can impact your financial and personal life. Here’s an overview of the potential downsides:

Financial Impact:

  • Credit Score Damage: Bankruptcy remains on your credit report for 7 years (Chapter 13) or 10 years (Chapter 7), significantly impacting your credit score during that period. Obtaining loans, credit cards, and other forms of credit might be difficult or come with high interest rates.
  • Asset Liquidation: Chapter 7 bankruptcy may involve selling non-exempt assets to repay creditors, potentially leading to property loss. Chapter 13 allows you to keep your assets but requires a repayment plan, potentially straining your finances.
  • Employment Considerations: While federal law prohibits discrimination based on bankruptcy, some employers might conduct credit checks during hiring, and seeing a bankruptcy filing could create challenges in specific industries.

Personal Impact:

  • Emotional Stress: Navigating the legal process, dealing with financial hardship, and facing social stigma associated with bankruptcy can be emotionally overwhelming.
  • Limited Opportunities: Lower credit scores can restrict access to certain opportunities like renting apartments, obtaining professional licenses, or qualifying for insurance with favorable rates.
  • Relationship Strain: Financial stress and the complexities of bankruptcy can strain relationships with family and friends. Open communication and understanding can help mitigate this impact.

However, it’s important to consider the potential benefits alongside the consequences:

  • Debt Relief: Bankruptcy can provide lasting relief from overwhelming debt, offering a clean slate and peace of mind.
  • Improved Financial Management: The process can incentivize healthy financial habits and budgeting practices to avoid future debt pitfalls.
  • Rebuild Opportunities: While credit repair takes time, responsible financial management after bankruptcy can gradually improve your credit score and access to financial products.

Financial Consequences:

  1. Credit Score Impact:
    • Filing for bankruptcy will likely have a severe negative impact on your credit score. A bankruptcy record can remain on your credit report for several years, making it challenging to obtain credit or loans.
  2. Difficulty Obtaining Credit:
    • After bankruptcy, obtaining new credit, such as credit cards or loans, may be more difficult, and if approved, interest rates may be higher.
  3. Limited Access to Financial Products:
    • Bankruptcy can limit access to certain financial products and services. For example, you may find it challenging to qualify for a mortgage or an auto loan with favorable terms.
  4. Asset Liquidation:
    • In Chapter 7 bankruptcy, some of your assets may be sold to pay off creditors. Certain assets, however, may be exempt from liquidation.
  5. Repayment Plans (Chapter 13):
    • In Chapter 13 bankruptcy, you may be required to follow a court-approved repayment plan to pay off your debts over a specified period, usually three to five years.
  6. Impact on Co-Signers:
    • If someone co-signed a loan with you, they may become responsible for the debt if you file for bankruptcy.

Non-Financial Consequences:

  1. Public Record:
    • Bankruptcy is a public record, and your filing will be accessible to creditors, employers, and the general public.
  2. Employment Impact:
    • While federal law prohibits discrimination based solely on bankruptcy status, some employers may consider it during the hiring process. Positions involving financial responsibilities may be particularly affected.
  3. Housing and Utilities:
    • Some landlords and utility companies may inquire about your bankruptcy history, potentially affecting your ability to secure housing or utility services.
  4. Impact on Personal Relationships:
    • The stress and strain of financial difficulties and bankruptcy can impact personal relationships, including those with family and friends.
  5. Loss of Non-Exempt Property:
    • In Chapter 7 bankruptcy, non-exempt property may be sold to pay off creditors. Exemptions vary by state and protect certain types and amounts of property.

It’s important to note that the specific consequences can vary based on the type of bankruptcy filed (Chapter 7 or Chapter 13), individual circumstances, and applicable state laws. Additionally, while bankruptcy has significant consequences, it also provides individuals and businesses with an opportunity for a fresh financial start.

Remember:

  • The specific consequences of bankruptcy vary depending on your individual circumstances, type of bankruptcy filed, and state laws.
  • Consulting with a qualified bankruptcy attorney is crucial to understand the process, potential ramifications, and explore alternatives best suited to your situation.
  • Bankruptcy should not be considered lightly, but it can be a valuable tool for overcoming financial struggles and achieving long-term financial stability.

 

Filing for bankruptcy can affect certain types of tax debt, but it does not automatically make all tax obligations disappear. The treatment of tax debt in bankruptcy depends on the type of tax, the specific circumstances, and the chapter of bankruptcy you file.

General Rules:

  • Tax debt is treated differently than other debts in bankruptcy. In most cases, it’s considered a “priority debt,” meaning it gets higher priority for repayment compared to other unsecured debts.
  • Discharging (eliminating) your tax debt through bankruptcy is generally difficult. You’ll need to meet specific criteria and exceptions.

Here’s a General Overview:

  1. Chapter 7 Bankruptcy:
    • In a Chapter 7 bankruptcy, your non-exempt assets may be liquidated to pay off creditors, but certain debts, including some tax debts, may be discharged. However, not all tax debts are dischargeable. To be dischargeable in Chapter 7, the tax debt must meet specific criteria, including that it is income tax debt, the tax return was filed on time, and the tax assessment is at least three years old.
  2. Chapter 13 Bankruptcy:
    • Chapter 13 bankruptcy involves a repayment plan over three to five years. While you won’t necessarily eliminate tax debt in a Chapter 13 case, you may be able to include tax debt in your repayment plan, allowing you to pay it back over time. This can provide a structured way to address tax arrears.
  3. Priority Tax Debt:
    • Some tax debts are considered priority debts and may not be dischargeable in bankruptcy. Priority tax debts include recent income tax debts, certain payroll taxes, and taxes associated with fraud. Priority tax debts are generally not dischargeable, but a Chapter 13 plan can help you manage the repayment.
  4. Tax Liens:
    • Bankruptcy may not remove tax liens. While the personal obligation to pay the tax debt may be discharged, a tax lien secured by property may survive bankruptcy. The IRS or state taxing authority may still have a claim on your property, and you may need to address the lien separately.
  5. Professional Advice:
    • It’s crucial to consult with a tax attorney or bankruptcy attorney to assess your specific tax situation. They can provide guidance on the dischargeability of tax debt based on the applicable bankruptcy laws and help you navigate the complexities of the process.

In summary, while bankruptcy can address certain tax debts, not all tax obligations are dischargeable, and the treatment of tax debt in bankruptcy can be complex. Seeking professional advice is essential to understand how bankruptcy may impact your specific tax situation and to explore the available options for managing tax debt.

Important points to remember:

  • Consulting a bankruptcy attorney and a tax professional is crucial before making any decisions. They can assess your specific situation and advise you on the best course of action.
  • Bankruptcy shouldn’t be seen as a way to avoid paying your taxes. It should only be considered as a last resort after exploring other options like payment plans or negotiating with the IRS.
  • Filing for bankruptcy has long-term implications, including a negative impact on your credit score and potential difficulties obtaining credit in the future.

Here are some additional resources that you might find helpful:

bankruptcy, bankruptcy attorneys, Chapter 13, Chapter 13 Bankruptcy, Chapter 7, Chapter 7 Bankruptcy, Scottsdale Attorneys, Scottsdale Legal Help
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Does Guardianship Override Parental Rights?

When a child has a legal guardian, the guardian’s role differs from the parent’s role. The parent should understand how the guardian serves the child’s needs. Teachers, doctors, extended family and babysitters may also need to know what the guardian can do. Have questions about obtaining legal guardianship in Phoenix or Scottsdale Arizona? Contact Canterbury Law Group’s Guardianship Lawyers today.

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Guardianship versus parental rights

Guardians and parents have their own roles. The fact that the child has a guardian does not mean the parent has no rights.

Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child.

In some circumstances, a court may suspend or terminate a parent’s rights. However, that is separate from appointing a guardian.

Legal guardian versus biological parent: Who has custody?

Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.

It is possible that a judge will later award custody to the guardian. This would be a new request and a separate legal process. Probate courts determine guardianship. Family courts determine custody.

Guardianship and parental visitation

Parents may have the right to visit their child while the child is living with the guardian. The details of a guardianship will depend on family circumstances.

Does the parent choose the guardian?

When a parent needs someone else to provide care for their child, they may consider a guardian. Appointing a guardian can be a responsible choice.

One way to tell the court in advance whom you want as guardian is to put this information in your parenting plan. This way your wishes are in a legal document signed by both parents, and the court can reference it if you die or become incapacitated.

If you are still alive and want to appoint a guardian, you can instead go to your court for the appropriate forms.

When a parent chooses to appoint a guardian, they can ask the court at any time to revoke the guardianship. They can also appoint a new guardian.

If the child’s well-being is at risk, the court may appoint a guardian against the parents’ wishes. The court order establishes the details.

A guardianship is temporary

Parenthood, whether biological or adoptive, is a permanent status. By contrast, guardianship is temporary. This is another way in which guardianship of a minor child is different from parenthood.

A court order begins and ends the guardianship. The order may set the guardianship to expire on a certain date. Otherwise, the order is valid until a judge updates it.

If a guardian cannot or will not continue to serve in their role, they must go to court to request a change. Sometimes the parent, too, has the right to bring an end to the guardianship. If the court approves, the guardianship can end.

Can the legal guardian parent the child, too?

Legally, a guardian is not a parent. As such, the guardian’s rights and responsibilities are not called parental rights. A guardian is a designated nonparent who protects the child’s interests.

The parent may keep their right to make long-term, major decisions. A court order specifies the unique details of each guardianship.

Despite not being a parent, the guardian often plays roles that are typical of parents. For example, a guardian may provide housing, oversee homework and take the child to the doctor. When considering the child’s daily care, the guardian may have the right to override the parents’ wishes.

Does the guardian pay for the child’s care?

Sometimes, a parent pays child support to the guardian. A child may also have their own income through government support or an inheritance. The guardian may be allowed to use this money for the child’s needs if they keep track of the spending.

In other situations, the guardian alone pays for the child’s needs. Just because a guardian spends money on the child does not mean they have more rights than the parent.

Does guardianship lead to adoption?

On its own, guardianship does not lead to adoption. In some circumstances, however, a guardian may apply to adopt the child. This is a separate process. Guardianship is not the same as adoption.

As part of the adoption process, a judge examines the biological parents’ statuses. Their parental rights (if any) are terminated when someone else adopts their child.

When the adoption is finalized, the guardian becomes the parent. This is a permanent status. Anyone who becomes an adoptive parent gains parental rights.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711
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Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

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Arizona DUI Laws 2024

Arizona DUI Laws

Driving under the influence (DUI) is a serious offense in Arizona, with strict laws and harsh penalties. Here’s a summary of the key points:

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Blood Alcohol Content (BAC) Limit:

  • Adult drivers (21+): 0.08% BAC or higher is considered DUI.
  • Commercial drivers (CDL holders): 0.04% BAC or higher is considered DUI.
  • Underage drivers (20 and under): Any detectable amount of alcohol in their system is considered DUI.

Penalties:

  • First offense:
    • Up to 10 days in jail (mandatory minimum).
    • $1,250 minimum fine.
    • Alcohol screening/education/treatment.
    • Ignition interlock device required for one year.
    • Community service.
  • Second offense:
    • 90 days in jail (mandatory minimum).
    • $3,000 minimum fine.
    • Driver’s license revoked for one year.
    • Ignition interlock device required for two years.
  • Third and subsequent offenses:
    • More severe jail time, fines, and license revocation periods.
    • Increased ignition interlock device requirements.

Additional Points:

  • Implied Consent Law: By driving in Arizona, you consent to chemical testing (breathalyzer, blood test) if suspected of DUI. Refusal can result in harsher penalties and license suspension.
  • Field sobriety tests: Officers may conduct these tests to assess impairment.
  • Drug DUI: Driving under the influence of drugs, prescription or illegal, is also illegal and carries penalties similar to alcohol DUI.
  • Marijuana DUI: Legalization of recreational marijuana doesn’t change DUI laws. Driving while impaired by marijuana is illegal.

Resources:

Disclaimer: This information is for general awareness only and should not be considered legal advice. Please consult with an attorney for specific questions about DUI laws and your situation.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

  • When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
  • When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

  • Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $1,480
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

  • Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

  • Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,250
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUIs

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

  • Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

  • Jail: Minimum of 120 days (60 served consecutively)
  • Fines: Minimum of $3,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

  • Jail: Minimum of 180 days (90 served consecutively)
  • Fines: Minimum of $4,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

  • Suspended License 1st offense: 1 year
  • Suspended License 2nd offense: 2 year

While DUI laws tend to be similar across the United States, drivers should be aware of important legal distinctions from state to state. Arizona DUI laws are no exception. As a driver, you should already understand that operating a vehicle while impaired by drugs or alcohol could lead to serious legal ramifications.

This article explains Arizona DUI laws and what you should expect if charged there.

Arizona DUI Laws

According to Arizona’s DUI laws, it is illegal to drive or be in physical control of a vehicle while under the influence of drugs or alcohol. In addition, police officers can charge you with a DUI for a blood-alcohol content level (BAC) of 0.08% or greater. In some circumstances, such as driving a commercial vehicle, your BAC can be much lower and qualify as a DUI.

Overall, Arizona has a very strict approach to DUIs, referring to the act as the equivalent of a “violent crime.” As such, the state’s penalties even for a first-time offense could be seen as especially harsh compared to a state like California, where you could be a third-time DUI offender and not necessarily serve mandatory jail time.

These distinctions are broken down further in the following sections.

Arizona’s DUI Definition

First, there is a special emphasis in Arizona, as dictated by ARS § 28-1381, on the physical act of operating a vehicle while under the influence of alcohol or drugs. In Arizona, “under the influence,” should be understood as clearly impaired by a substance, legal or otherwise, to the point where you are not capable of safely operating any vehicle.

So if you are not capable of safely controlling your car or truck, but make any identifiable attempt to do so, you are guilty of a DUI according to Arizona law. Understanding this emphasis is important because you need not be driving to get charged with a DUI.

You Can Get an Arizona DUI Without Actually Driving

Even if you are not driving, any action that could be construed as “actual physical control” of your vehicle still violates Arizona’s DUI laws. Actual physical control goes into effect when you are deemed to be the primary party in control of your vehicle. Even if you aren’t on the road, actions like turning the headlights on, rolling the windows up or down or putting keys in the ignition or actions that dictate you are in actual physical control.

Please also note that you can still get charged with a DUI within two hours of operating a vehicle if your BAC is still above the legal limit during that time. That means even if you are at home, having driven an hour ago, you may still face charges for having too recently driven your car with a BAC above the legal limit.

How Arizona Law Defines “Under the Influence”

In Arizona, you are under the influence if you are impaired by a substance to the point it interferes with your ability to drive or operate a vehicle safely. This is typically defined according to reaching and exceeding a certain BAC limit. The standard is 0.08%, however it drops to 0.04% for commercial driving.

Arizona’s “Not A Drop” Law

The “not a drop” law, sometimes referred to as a baby DUI, concerns Arizona’s zero tolerance for underage driving and driving. If you are under 21 and drive with a BAC greater than 0.00%, you are guilty of a DUI.

A driver can have a detectable amount of alcohol in your system even after a few sips of beer or wine, making it very easy for underage drivers to violate this law and get into trouble.

Arizona “Shelter Rule” Defense

As stringent as Arizona’s laws can be about what falls under the definition of a DUI offense, the state also worried that some drivers, fearful of getting caught, would risk driving while intoxicated in the hopes of reaching home, a friend’s house, or hotel. And as parking isn’t necessarily an immediate defense against a DUI, some may have felt even more inclined to risk their safety and others by driving.

With this concern in mind, Arizona passed the “Shelter Rule” law, a temporary shelter defense against a DUI charge. Under this law, the act of pulling onto the side of the road or into a parking lot could be argued as relinquishing physical control, as you are avoiding the act of drunk driving.

There are a couple of factors that a judge or jury would need to take into consideration when deciding if a driver is in actual physical control:

  • Are they behind the wheel? A person asleep in the back seat does not have the level of control over their vehicle that someone passed out behind the wheel might.
  • Do they have keys in the ignition? While a lack of keys might help determine physical control in certain cases, many new vehicles do not use keys to start the ignition.
  • What is the time of day? It makes the most sense to pull over and “sleep it off” if the driver does so in the middle of the night.

The more favorable these mitigating factors in demonstrating the relinquishment of actual physical control, the less likely you are to be convicted of a DUI.

Arizona DUI Penalties

Although the Arizona DUI laws label most offenses as misdemeanors, the consequences are still serious, even for the very first time. The severity of penalties also increase when drivers move from a simple DUI to an extreme or aggravated DUI.

Arizona’s Aggravated DUI Penalties

In Arizona, you have committed an aggravated DUI if you:

  • Are arrested of a DUI with a suspended, revoked or canceled license.
  • Commits a third DUI offense within 84 months of a previous conviction.
  • Commit a DUI offense while a person under 15 is in the car.
  • Has an ignition interlock device (IID) in place, but refuses to submit to a BAC test.

While most DUIs can be charged as a misdemeanor, an aggravated DUI is a felony that carries stiff punishment if convicted. Penalties include up to two years in prison, loss of your driver’s license for a year, mandatory entrance into an alcohol education, treatment and screening program, addition of a certified IID in your vehicle, and mandatory community service.

Arizona’s Extreme DUI Penalties

An extreme DUI refers to drivers with a BAC level exceeding 0.15%. The first time this happens, drivers serve a mandatory jail sentence of at least 30 days without the eligibility of probation or a suspended sentence. Additionally, they must pay a minimum fine of $2,500. Any vehicle you drive must get an IID installed, and you are required to enroll in an alcohol screening, education and treatment program.

While the extreme DUI has harsher punishments than a standard DUI charge, it still gets classified as a misdemeanor.

For the second offense and beyond, the punishments become even more severe. Your license gets automatically revoked for a year, and you face a minimum jail sentence of 120 days. In addition to the mandatory IID and alcohol screening, education, and treatment program, you must also perform community service.

It’s important to remember that the severity of subsequent DUI charges increases the closer they occur together; typically, the escalation in severity refers to multiple convictions happening within a seven-year period.

Implied Consent and Refusing a Blood or Breath Test in Arizona

According to ARS § 28-1321, the “implied consent affidavit,” is served to any driver suspected of a DUI offense where they refuse to or are for whatever reason cannot submit to testing that determines their blood alcohol concentration or drug content. This affidavit is the equivalent of a DUI citation.

For this reason, all drivers are required to submit to testing. The first time a driver refuses, their driving privileges get suspended for a year; a second refusal within 84 months of the first will cause a two-year suspension.

Speak With One Of Our DUI Attorneys In Scottsdale

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Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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