Written by Canterbury Law Group

First Offense DUI In Arizona

First DUI Offense In Arizona

Arizona law says it is an illegal act for a person to be in actual physical control or to drive a motorized vehicle when they are under the influence of a vapor releaser containing a substance that is toxic, a drug, or an intoxicating liquor, or indeed, a combination of the above.

A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states. Read on to learn what you can expect the penalties to include when a driver faces an initial DUI offense.

Penalties for A First DUI In Arizona

A person may be found guilty of DUI in Arizona when they have a Blood Alcohol Content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol. These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

  • A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
  • A maximum of $2,500 in total fees and fines with a minimum of $250.
  • From 90 up to 360 days of driver’s license suspension.
  • An Ignition Interlock Device being installed
  • Three years’ probation is a possibility.
  • Community service hours is a possibility.
  • Complete drug/alcohol assessment and perhaps adult education class attendance.

Criminal and Administrative Penalties for DUI

Arizona has what is known as Criminal Penalties as well as Administrative Penalties. Here is a breakdown of them:

  • Administrative license suspension is applicable for 90 days for drivers arrested for a first offense. This must be dealt with as a part of your DUI defense.
  • The driver may install an ignition interlock device it if an agreement can be met so their driver’s license can be retained.
  • In Arizona, drivers following a DUI arrest are required to take part in substance and alcohol abuse screening processes.
  • There is a seven-year lookback period for previous DUI convictions. This means a conviction will be on the record for seven years and will be considered if there are further DUI charges.
  • Although there are likely to be additional costs for sentence completion, the surcharges, fees and fines amount to about $1,600.

 

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloanhttps://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.

Speak With One Of Our DUI Attorneys In Scottsdale

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! 480-240-0040 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.

Written by Canterbury Law Group

Third or Fourth DUI Lawyer Cost

3rd or 4th DUI Lawyer Cost

The average cost to hire a lawyer for a third or fourth DUI offense is about $7,300 with average lawyer fees ranging from $6,000 to $12,000 in the US for 2019 according to Lawyers.com. The average case duration is about 7.8 months but ranges from 5 to 12 months.

Do You Have Pending DUI Charges?

It is a very serious crime to be driving under the influence but never more so than when the driver already has two or more previous convictions – it becomes increasingly probable the driver will be looking at a prison sentence! A recent survey of people convicted for DUI on two occasions (or more) was based around what happened when they were arrested for DUI once more with the purpose of discovering the duration, costs and outcomes for defendants with a history of multiple DUI convictions.

What’s The Likely Outcome Of A Third or Fourth DUI?

Of the respondents to the survey, thirty-three percent wound up with a DUI conviction that constituted a felony and more than half now carry the burden of a DUI conviction that is a misdemeanor and just over five percent pleaded no contest or not guilty to a lesser charge. The other five percent saw their charges dismissed or did not end up facing criminal charges primarily because of a low blood alcohol content reading. Those respondents convicted for the third or fourth time had around a fifty percent chance of being sent to prison. A similar fifty percent stated they had to have ignition interlock devices installed in their cars as well.

How Much Does A Third Or Fourth DUI Cost?

When averaged out from the respondents answers, the average mean cost was $7,300 – included in this were court ordered fines averaging $1,600, the same amount again for increased insurance premiums not to mention additional costs such as ignition interlock devices, bail costs, alcohol education courses and expenses and criminal defense attorney’s fees. Average attorney expenses and fees figured out at $2,700 but the price escalated when private DUI lawyers were hired to a mean of $4,000. However, it is very important to get an attorney as soon as you can. The total average cost does not include income lost by a defendant and fifty percent of the respondents said they had greater income loss than for their first DUI offense.

How Long Does a Third or Fourth DUI Take to Resolve?

From the moment our respondents were arrested to the time for everything to be finalized, the average time was 7.8 months. This was 2.5 months longer than first time DUI offenses.

Talk To A Lawyer

Understand this survey can in no possible way indicate what will happen in your individual circumstances. There are many other factors that will determine the outcome. That is why it is so important to consult with a criminal defense lawyer who knows the local DUI laws and understands the possible defenses that can be used as well as the penalties that may be incurred.

Speak With One Of Our DUI Attorneys In Scottsdale

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! 480-240-0040 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.

Written by Canterbury Law Group

How Much Does It Cost To Hire A Lawyer For A 2nd DUI Offense?

How Much Does It Cost to Hire a Lawyer for a 2nd DUI Offense

The average cost to hire a lawyer for a 2nd DUI offense is about $6,600 with average lawyer fees ranging from $5,000 to $10,000 in the US for 2019 according to Lawyers.com. The average case duration took 7.6 months with time frames ranging from 5 to 12 months. A recent nationwide survey evaluated the duration, cost and the results for defendants facing a DUI case when they already have prior convictions for the same offense. In this post, you can learn what was discovered.

Second DUI Outcomes

Most people who responded to the survey that were arrested for a 2nd DUI offence was ultimately convicted for a downgraded charge, for instance, “wet reckless” or reckless driving. When you look at the figures just over seventy percent for misdemeanor DUI, just over ten percent ended up with a DUI conviction that counted as a felony and a little over five percent made a plea of guilty (or no contest) to a lesser charge brought before them. In addition, just over ten percent did not face charges of a criminal nature or the charges were dismissed by the court in cases where the BAC (Blood Alcohol Contact) was negligible. When making a comparison to a first time DUI offense, the individuals arrested for DUI when they already had one conviction in the past were convicted thirty-three percent more often.

Penalties For Second DUI

For those committing a DUI for the second time the most common penalties were treatment or alcohol education. Nearly three-quarters of the people who were surveyed were sentenced to such courses. Also, commonplace were ignition interlock devices and probation. Most second time offenders did not have to spend time in jail, but twenty four percent did versus nineteen percent for first time offenders. Of those found guilty for a second time just over forty percent were forced to install ignition interlock devices – whereas first time offenders had to do this a little under twenty percent of the time.

How Much Does A Second DUI Cost?

Undoubtedly, second time DUI offenses are taken most seriously by judges and prosecutors. The costs averaged $6,500 including expenses, attorney fees, the hike in insurance premiums, alcohol education, bail costs, traffic school costs and more (not to mention income lost during the process.) That said, the costs for a second DUI are remarkably like the costs for an initial DUI. But when looking at third and fourth DUI offenses, the costs start escalating very quickly indeed. It is important to assemble the correct information for all aspects of your case and what it will take to reobtain a provisional drivers license.

How Long Does A Second Offense DUI Take To Resolve?

The average time was 7.6 months from the initial arrest for those in our survey with a repeat DUI. However, there are many different factors to consider and the time may be shorter or longer. This is why it is so important to work with criminal defense lawyer who understands the nature of local DUI cases, so they can guide you through the process in the most efficient way possible.

Source:

Lawyers.com, https://www.lawyers.com/legal-info/criminal/dui-dwi/second-offense-dui-how-much-does-it-cost-and-what-are-the-penalties.html

Speak With One Of Our DUI Attorneys In Scottsdale

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! 480-240-0040 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.

Written by Canterbury Law Group

How Much Does A Divorce Cost In Arizona? & Attorney Fees

On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.

Hiring a divorce lawyer in Arizona can cost as much as $550 per hour. The cost to file a Petition for Dissolution of Marriage Maricopa County is $349.  The responding party will be required to pay $279 when filing their Response, or if both parties have agreed to a Consent Decree, the $279 is still due and owing from the responding party when tendering a consent decree for the court approval. Want to find a cheaper way to get divorced in Arizona? Arizona collaborative divorce only costs about $10,000 per spouse.

*Disclaimer – These fees are always changing and this is not an actual quote. If you need an experienced divorce lawyer contact Canterbury Law Group to start your initial consultation.

These costs may include:

  • Monthly Child Support
  • Monthly Spousal Maintenance
  • The Division of Property and Debt
  • Attorney Fees
  • Waste Claims For Reimbursement
  • Claims for Breach of Fiduciary Duty
  • And more.

How Much Does a Divorce Cost in Arizona?

Getting an Arizona divorce can be costly. However, how much you spend will depend on the type of divorce. A contested divorce with protracted proceedings will definitely cost more than an uncontested one. While there are no set rates, it is possible to get an approximate cost estimate based on historical averages of what divorcees spend on their cases.

According to some estimates, the average divorce case can cost as much as a new car. However, people typically do not spend more than $10,000 per spouse.

While costs will largely depend on attorney’s fees, most people do not realize it right away, but there are other costs to consider as well. Divorces that go all the way to trial will incur third party expenses for such things as depositions, a child custody evaluator, a business appraiser, and forensic accountants to present financial data to court. If the couple is divorcing with children, then the divorced parents will have to attend a Parent Information Program class. If the divorce diverts to a private divorce mediator, then that will be an additional cost for the mediator who typically charges an hourly rate.

How Much Does A Divorce Lawyer Cost In Arizona?

Most of the expenses will come from the attorneys. Consider, for example, the average cost of a divorce lawyer in Scottsdale. Family lawyers in the Scottsdale area charge between $250 and $550 per hour on average. If you hire an immensely experienced lawyer in Arizona, the cost can be as much as $400 to $750 per hour. In addition to the hourly rate, some lawyers also charge extra for drafting letters, printing documents, travel time, mailing, stamps and so on. Divorce lawyer fees in Arizona can total a combined average of about $20,000 per divorce.  However, there is no assurance that fees come in higher or lower than this figure because every divorce is truly unique.

After attorneys, those filing for divorces should expect to pay for outside expert witnesses. The divorce case may require the services of a mental health expert, business accountant, real estate appraisers, and many others. Collectively, these expert witness fees can cost as much as the attorneys. Of course, not all divorces require experts to testify or issue expert reports. If two people with a shared business or significant real property get a divorce, the expert fees can be meaningful. So how much does a contentted divorce cost in Arizona? In some contested divorces, total costs can range from $25,000 to $100,000 per side when including expert witness fees.

Learn more about Divorce In Arizona

How Much Does An Uncontested Divorce Cost in Arizona?

Divorces do not have to go to trial if certain conditions are met. If the divorcing spouses agree on the material terms of the separation, or if one spouse does not participate in contesting the divorce, then the case does not have to go to trial. As a result, the costs will be considerably less.

The divorcing couple can go to the court and file a Petition for Dissolution of Marriage. The court, depending on the county, will charge between $300 and $400 in filing fees. This makes the average court cost of an uncontested divorce in Arizona about $620. This does not include Arizona divorce attorney fees. If the two parties amicably divorce at this point, then only court fees will have to be paid assuming the parties are sophisticated enough to paper their own divorce.

If the divorcing couple needs legal assistance, for example, a divorce attorney in Scottsdale, legal fees at an hourly rate will have to be paid in addition to court fees. Some couples prefer to hire a mediator and legal counsel.  Mediators typically charge similar rates to attorneys. Overall, the fees of an uncontested divorce are far less in comparison to contested litigation.

If you are planning for a divorce, it’s best to talk to your spouse and amicably separate. Otherwise, you will have to be willing to pay a lot more for the lawyers to fight it out.

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Learn more about Uncontested Divorce In Arizona

How Much Does Collaborative Divorce Cost in Arizona?

On average collaborative divorce in Arizona costs about $7,500.  Arizona collaborative divorce costs ranged from $5,000 to $10,000 according to Equitable Mediation. However, Canterbury Law Group has navigated many collaborations for less than $10,000 in legal fees per spouse.  This is a far cry from the tens of thousands of dollars that other couples inevitably can spend in a contested litigation in a court of law. Collaborative divorce is one of the peaceful divorce options, also known as amicable divorce.

How Much Does Divorce Mediation Cost in Arizona?

Divorce mediation costs about $7,500.  Divorce mediation costs in Arizona ranged from $5,000 to $10,000 in 2019.

What is the Average Cost of Divorce in Arizona?

The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour.

How Much Does a Legal Separation Cost in Arizona?

The complete cost of legal separation can vary enormously, from as little as $1,000 to in excess of $100,000 when matters such as alimony, child custody and having to work through the disposition of a very complex marital estate are to be decided. So, you can imagine, there are many factors coming into play to determine the total legal separation costs. Read on to learn more about these factors.

Arizona Divorce Attorney Fees

In a divorce proceeding, a request may be made to the judge by one party that the payment of the attorney fees for that particular party should be covered by the other party in the divorce process. The court can order attorney’s fees paid when the party being asked to cover the cost was not represented by legal counsel or when both parties were represented by legal counsel. The importance of this is delays and errors that are unintentional yet caused by the pro se litigant can have on the outcome of the award of the legal fees of the other party that were incurred when these mistakes were being dealt with.

A.R.S. § 25-324 is an Arizona statute allowing the for the payment of fees due to an attorney in cases of marriage dissolution. The court does have the discretion to award the attorney fees against a specific party in some circumstances.

When it comes to making a decision regarding a fee award, the court is obliged to objectively make an evaluation of how reasonable the legal positions were adopted by the parties during the divorce proceedings. The subjectivity of a spouse’s intentions is not taken into account when it comes to the decision made by the court and neither is the party’s lack of knowledge regarding family law, divorce law, local rules and court procedures. The court will examine the available financial resources of both parties before making a decision. What is more, the court will also take into account the financial disparity between the two parties and compare the fees that are owed versus the assets of each party and so on. In three circumstances, though, the court shall award attorneys’ fees against a party:

  • The petition was filed by the party in bad faith
  • The petition submitted by the party was not grounded in fact or the law
  • The party’s petition was filed for some “improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.”

Other costs that may be considered for award include but are not limited to the following:

  • Deposition costs and expenses considered to be reasonably incurred during the litigation process and any following appeal
  • If the court makes the decision that orders money to be paid directly to the attorney of the requesting party, that attorney will be responsible for the enforcement of the order

Sources:

  1. “Alona M. Gottfried, Esq.” Arizona Mediation, azmediator.com/uncontested-divorce-arizona/.
  2. “How Much Does A Divorce Cost In Arizona?” Arizona Legal Center, 12 June 2018, arizonalegalcenter.org/how-much-does-a-divorce-cost-in-arizona/.
  3. 25-324 – Attorney Fees, www.azleg.gov/ars/25/00324.htm.

Need an Affordable Divorce lawyer in Scottsdale?

The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale orPhoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

Written by Canterbury Law Group

How Much Does A Criminal Lawyer Cost?

Criminal Defense Lawyer Cost

The average cost of a Criminal Defense Lawyer is $425 per hour with prices ranging from $150 per hour to $700 per hour in the US for 2019.

If you are facing probable criminal charges, it is vitally important you find a criminal defense attorney as soon as you can – as the penalties for criminal charges often have life changing consequences including a criminal record, fines, jail time and the possible loss of a career or job opportunities in your field.

Fortunately, the constitution states you have the right to legal counsel when facing prosecutions of a criminal nature. A court will appoint an attorney for you at no cost if you cannot afford one. You also have the option of representing yourself without counsel. The fees charged by attorneys in criminal defense are based on many factors such as the experience of the attorney, the complexity of the issues being dealt with, the severity of the charges and if the case must go to trial. So, a discussion of fees at the outset is very important.

What Does A Criminal Defense Attorney Do?

Potentially you are looking at fines and jail time when a criminal charge has been brought against you. Therefore, you need to speak with an attorney before proceeding further. An attorney can help you through the process and assist in asserting any legitimate criminal defenses in response to the charges.

By the time you hire an attorney, you have often been arrested and spent time in custody as well as gone through the booking process in the police system. You are then given the opportunity to post bail and an arraignment occurs where you will be requested to enter your plea. Should no plea bargain be on the table, an initial hearing will convene, and the judge will decide as to whether there is reasonable evidence for you to be criminally charged. As you can see, the procedures can become extremely complicated. Remember a criminal defense attorney will be ask you to pay you either a flat fee or hourly basis as well as billing you for any additional court costs to defend your case, such as fees for expert witnesses or investigators.

How Much Do Lawyers Cost For Criminal Defense?

Let us look at some of the factors that can have an impact on the overall costs of a criminal case:

  • The income of the defendant is used to decide on whether you will be given a court appointed attorney or if you need to hire your own attorney. Different jurisdictions have differing standards in this regard. If a defendant does qualify, the court will appoint a public defender on their behalf without any further cost.  However, you often “get what you pay for”.
  • In many criminal cases, there are issues requiring expert witnesses or investigators. These can cost an average retainer fee of around $2,000 with hourly charges going from $300 per hour upwards.
  • Some of the factors impacting the rates which attorneys charge include: if the case goes to trial, whether the attorney charges by the hour or a flat fee, the attorney’s skill level, the severity of the offense, the tasks that can be delegated to paralegals or law clerks, the legal issue’s complexity, and the time spent by the attorney in the process of pretrial discovery and filing of law and motion to the Court.

Do Criminal Defense Lawyers Charge A Flat Fee?

Some lawyers do but it is not particularly common and it is dependent on the kind of case involved. It should be noted that flat fee attorney arrangements do not typically include a guarantee of a favorable outcome such that your money is not refunded back to you. Also, many attorneys will not entertain a flat fee as the criminal process is too variable and hard to predict. The lawyer may also include a clause permitting them to raise the cost of the flat fee, should the case come to full jury trial.

Average Criminal Defense Attorney Fees

Most attorneys charge by the hour instead of charging a flat rate. These hourly rates will differ enormously but expect to pay $150 to $700 per hour. You should be aware; bills can run into tens of thousands of dollars very quickly. A lawyer working on this kind of pay structure may also require the payment of an up-front retainer fee. Once the retainer fee has been fully consumed, the hourly charge will then apply.

Should I Hire A Criminal Defense Lawyer or Represent Myself?

If you choose to represent yourself, it is still wise to speak with an attorney so at least they can make sure the charges you are facing are appropriate considering the details of your case. They may also be able to advocate on your behalf. Nuances in criminal cases can be complex to comprehend to the extent even skillful criminal lawyers contend they would not likely ever represent themselves.

So Should I Hire A Criminal Defense Lawyer?

You really need to contact a criminal defense attorney right away if you have been arrested and/or charged with committing a criminal offense. A criminal defense attorney will be by your side to defend the charges and defend you through the nuanced court process. This is even more vital if you are looking at a jury trial.

Source: Peeler, Travis. “Criminal Defense Attorney Fees.” LegalMatch Law Library, 18 Mar. 2019, https://www.legalmatch.com/law-library/article/how-much-will-a-criminal-defense-lawyer-cost.html.

Speak With One Of Our Criminal Defense Attorneys In Scottsdale

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. 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! 480-240-0040 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.

Written by Canterbury Law Group

What Is Custodial Interference?

What Is Custodial Interference

What does Custodial Interference mean? In simple terms, when one parent attempts to create disruption to the custody rights of the other parent of the child or children, this is known as custodial interference.

Often a highly contentious issue, when custody orders are interfered with it can lead in some cases to consequences of a criminal nature. However, there are a very few situations where it may be legally permissible to temporarily interfere with the custodial rights of the other parent. The following are important facts you should be aware of regarding custodial interference and what can be done regarding it.

Types Of Custodial Interference

There are many ways custodial interference can happen. Here are some examples:

  • Making a visitation upon the child or children while the other parent is supposed to have custody of the child or children.
  • When the other parent has a planned and a scheduled visit, the refusal to release the child or children to the other parent.
  • Limiting the telephone or online contact the child or children has with the other parent.
  • Not returning the child or children on time for a planned exchange.
  • Using enticements to turn the child or children against the other parent.

However, in certain situations, custodial interference is not a violation of the law. For example:

  • When you are protecting a child or children from danger.
  • When previously made agreements disrupt custodial arrangements.
  • When outside events prevent a parent making a timely transfer of the child or children (bad weather being one example.)

What Can Be Done?

A parent can report to law enforcement and the courts any examples of custodial interference. Courts will often try to remedy the ongoing situation. Here are a few ways they try to achieve this:

  • Instituting revised and specific orders for visitation.
  • Instituting make up time for visitation purposes.
  • Family mediation or therapy.

Depending on the situation more severe intervention may be required – a parent may request greater relief. Examples include:

  • Third parties being present at supervised visits.
  • A neutral location being designated for the transfer of the child or children.
  • Reductions or loss of custody or visitation.
  • Fees and fines.

Many states consider custodial interference to be a felony or misdemeanor crime.

Source: “What Is Custodial Interference?” Findlaw, https://blogs.findlaw.com/law_and_life/2013/08/what-is-custodial-interference.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Custodial Interference By Grandparents

Custodial Interference By Grandparents

Child custody describes the legal relationships and status regarding a child or children and their legal guardians and/or parents. An individual with the custody of a child or children by default has all the responsibilities and rights of raising the child or children. This includes caring for the child or children and making choices and legal decisions for the child or children. The custody of a child or children can be granted by a court to anyone, meaning, a legal guardian can be the child or children’s, adoptive parents, biological parents, cousins, grandparents, siblings that are of legal age as well as friends, uncles and aunts. Read on to learn more.

In most custody cases for a child or children, grandparents are often not given consideration, when it comes to visitation and securing custodial rights. Even when the grandparents have been separated from the child or children from their parents because of causes like divorce, death or the breakdown of communication between a child or children and their parent or parents.

Primary Arguments For The Rights Of Grandparents

  • The child or children can suffer from trauma when they no longer have contact with the grandparents.
  • Divorce or the incarceration of a child or children or if a child or children should die does not give the parent who has custody the right to sever the relationship the children or child has with their grandparents.
  • Grandparents offer a stable role in the life of a grandchild or grandchildren. This is especially the case for a child or children following a death or a divorce.

Primary Arguments Against The Rights Of Grandparents

  • As long as the parents are competent, the state generally has no right to interfere in the decisions of how those parents raise their child or children – meaning a parent has the right to exclude a visit from a grandparent, even when supervised.
  • There can be good reasons to exclude a grandparent or grandparents. For example, if they have a history of child abuse or interfere with the process of the conventional decisions competent parents make on behalf of their child or children. Also, some grandparents will bad mouth the parents of the child or children in front of them.
  • Grandparents and parents often have conflicts but even when parents are being irrational or unfair, interference from a court can make the home of the child or children less stable than before.

Currently, a grandparent visitation law does not exist nor is it protected in any shape or form in common law or the constitution of the United States of America. In the last 40 years, any statutes or laws on the books regarding the rights of a grandparent of a child or children are not similar from state to state. It is true all 50 states have visitation laws for a child or children as well as who may be permitted to have visitation with them after a case of child custody has been determined. These laws can consider, stepparents, parents and grandparents.

Approximately forty percent of US states only allow grandparents of the child or children to have rights of visitation and not any other person. The consequences of this are cousins; foster parents, stepparents or other relatives cannot be granted rights of visitation. However, in all of the fifty states, Grandparents are able to file a lawsuit in court in situations when they have been told they are denied the right to visit or see their grandchild or grandchildren when there is apparently no reason for them not to be allowed access to the grandchild or grandchildren.

Grandparents Rights In Arizona

In Arizona, the custodial rights of Grandparents are defined by statute A.R.S. § 25-409. Therefore, Grandparents maintain the right to be involved in the lives of their grandchild or grandchildren and if needed, to seek safe protection for them, on their behalf. Grandparents can seek legal assistance when the relationship between a grandchild or grandchildren has become broken in cases where the grandchild or grandchildren may be in risk or danger. These rights can help Grandparents retain involvement in the lives of their grandchild or grandchildren as well as protect their own rights as Grandparents. Some examples of where legal advice may be required include:

  • Parents refuse Grandparents involvement or even access to their grandchild or grandchildren.
  • Adoption, permanent custody or guardianship of a grandchild or grandchildren.
  • In cases of parental abuse of a grandchild or grandchildren.

Furthermore, Grandparents are realizing they have rights and can exercise them, examples include:

  • The filing of court petitions with the purpose of requesting continued visitation and access to their grandchild or grandchildren.
  • The filing of child custody petitions with the purpose of care of a grandchild or grandchildren.
  • The filing adoption petitions with the purpose of care for a grandchild or grandchildren.

Grandparents often seek legal advice on their visitation rights regarding a grandchild or grandchildren. There are legal requirements that must be gone through and met including the fact Grandparents must provide evidence their contact with a grandchild or grandchildren is in the child’s best interests. Some factors that are taken into consideration include:

  • The historical bond the Grandparent has with the grandchild or grandchildren.
  • A parental divorce of at least a minimum of three months.
  • A parental absence of at least a minimum of three months.
  • When a child or children are born out of wedlock.

Custodial requests by Grandparents are considerably more complex as a vital key to success will be providing convincing evidence the parents are unfit.  Grandparents seeking such relief will very likely need competent legal assistance to advance their case.

Source: Phoenixdivorceattorney. “Grandparent’s Rights in Arizona (Ultimate Guide for 2019).” Cantor Law Group, https://cantorlawgroup.com/grandparents-rights-in-arizona.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Non-Custodial Parent Moving Out Of State Arizona

Non-Custodial Parent Moving Out Of State Arizona

When deciding if a parent will be allowed to relocate with a child or children, courts in Arizona conduct an investigation whether the relocation is likely to damage the relationship the child or children has with the parent who is not relocating. Following a divorce, it is not at all unknown for one parent desiring to relocate to another city or indeed, another state. It may be for a new spouse, a new career or just a fresh start in a new place. Regardless of the reason, it has a substantial effect on issues of custody. Following the move, if the parents are unable to come to an agreement regarding custody of the child or children, a judge will make the final and legally binding decision. The judge will consider many factors when assessing the most preferred custodial situation for the child or children. Therefore, as relocation custody can be a complex issue, it is vital to understand circumstances and situations that may impact your case.

Overview of Arizona Custody Laws

The center point of any custody dispute is what is in the best interests of the child or children. Let’s look at some of the factors court consider to be of paramount significance when deciding on the visitation and custody arrangements that will satisfy the physical and emotional needs of the child or children:

  • The physical health and mental health of each parent.
  • The relationship the child or children has with their parents.
  • The ability of each parent to provide a stable environment for their child or children.
  • If any of the parents have a history of child abuse or domestic violence.
  • The ability of the child or children to adjust to a new community and home.

The judge will then make a decision as to whether to award sole or joint physical custody as well as sole and joint legal custody of the child or children having undertaken a consideration of factors relating to the health and wellbeing of the child or children. It is worth remembering a parent with sole custody of the child or children may have more leeway when it comes to the relocation of the child or children.

Relocation Rules For Arizona Parents

A relocation is not a simple move to the other side of town. When parents share legal or joint custody, the parent who is relocating is obliged to give advance notice of at least 45 days regarding an intended move out of state or an in-state move in excess of 100 miles. The parent who is not moving may then make a petition to the court preventing the relocation. When a judge refuses the relocation request, the other parent may still move there, but will be unable to take the child or children with them to live.

How Judges Decide Relocation Cases

Primarily, the judge examines the negative consequences a potential move may have on the wellbeing of a child or children. Evidence will be submitted by each side and the judge will determine whether to allow the relocation and how custody arrangements will be adjusted. At the hearing, a judge may hear testimony from the individual parents, relatives, teachers, or friends. In particular the judge is looking at the following aspects:

  • The reason for the move.
  • Is the purpose of the move to interfere with the visitation of the other parent?
  • Will the quality of life and wellbeing of the child or children be impacted in a negative way?
  • The relationships the child or children have with both parents, looking at the past, the present day and the future potential of these relationships.
  • What are the possible effects of less visitation with one parent?
  • The relationship a child or children has with their siblings.
  • The adjustment to home and community the child or children will have to undertake.
  • If they are of mature enough years, the preferences of the child or children.
  • Any other circumstances the court deems to consider as important.

The burden of proof lies with the parent making the move to show it is in the best interests of the child or children to move with them. Courts understand the needs of a parent to move, travel and follow a career but the best interests of the child or children and the right of the other parent to maintain meaningful relationships with their child or children has to be balanced up against this.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Custodial Interference In Arizona

Custodial Interference In Arizona

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

When Can You Claim Custodial Interference?

Court orders have to be in place because if rights of legal decision making and parenting time are yet to be adjudicated by the court, there are no outstanding orders to be broken and there are no meaningful legal actions you can undertake until the courts sign off on the orders.

Examples Of Custodial Interference Include:

  • When parenting time has been scheduled, refusing to bring the child or children.
  • When the other parent has company making a visitation to the child or children without at first obtaining permission to do so.
  • Not returning the child or children on schedule.
  • Purposefully limiting the contact, the child or children have with the other parent.
  • Using enticements on the child or children to isolate the parent holding custody.
  • Taking the child or children before court orders are in place.
  • Taking the child or children when it is not parenting time according to the schedule already in place.

These are common examples but as each situation is unique you should talk to a family law attorney and they can make a determination as to whether your rights have been violated.

When your child or children have been born out of wedlock, the law states the custodial rights go to the mother until brand new court orders becomes effective. It is vitally important you do not take any actions against the child or children or the mother. This law will be enforced and can result in criminal proceedings.

When The Other Parent Interferes With Custody

Custody agreements are often contentious but when you have a court order already in place, you are within your rights to call law enforcement when the other parent refuses to stick to the agreed parenting plan. Your actions should also be reported to the courts. Minor examples of interference will likely be met with a caution from law enforcement as well as the enforcement of the agreed, court order, plan of parenting. In cases when a parent continues to interfere in this way, the police will now have written documentation of the behavior and if needed can make an arrest. In situations when the custodial interference has become very extreme, the courts have the power to make the following changes to the established parenting plan:

  • Transfers at a preset location that is neutral (sometimes a police station.)
  • Visits that have to be supervised by a third party.
  • Loss or restriction of custody and rights of visitation.
  • Penalties and fines.
  • Criminal repercussions.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

  • Class Four Felony: Interference by a non-parent.
  • Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
  • Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

Custodial Interference Law Exemptions

In some situations, the court allows a parent non-adherence to the parenting plan if the following applies:

  • A parent is protecting the child or children from harm.
  • Disruptions to the parenting plan that have been previously agreed upon.
  • Events the parents do not have control over.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference in Arizona: Laws for a Disruptive Divorced Parent.” Mesa Divorce Lawyers & Family Law Attorneys, 30 May 2019, https://www.jacksonwhitelaw.com/arizona-family-law/custodial-interference-arizona/.

Speak With One Of Our Child Custody Attorneys In Scottsdale

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianshipchild relocationfathers rightsgrandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

My Wife is Keeping My Child Away From Me? What to Do?

My Wife Is Keeping My Child Away From Me

The relationship between you and your wife has reached the point of no return. The wife says she is going to leave, and the kids are going with her. Legally, can she do this? Can you stop her from following through with these actions? What can be done legally to help you? What course of action do you take if she leaves with kids in tow having not obtained your permission to do so? Primarily, she just cannot take the kids and depart. She has no more rights to the child or children than the father, this is even more so when there is no custody or divorce agreement in place.

What To Do When Your Wife Leaves With The Children

  • As a father you have certain rights and they need immediate protection in these circumstances. If you allow this to go on without any action, you are at risk of losing the rights you have when the custody and divorce case goes to court. You should immediately contact a family lawyer who will safeguard your rights.
  • Your attorney will immediately contact the attorney your wife has retained to commence work on an agreement. Avoid legal ramifications by deciding not to just show up and attempt to take the children back. Leave it to the attorneys. This contact from the attorneys will be documented and the courts will be able to tell, you did not just allow this to go on and that you want to maintain your involvement in the lives of your child or children.
  • A schedule for visitation needs to be created and adhered too as there is no doubt the time spent with our child or children will be examined during the divorce proceedings. If you want custody, be sure to be involved with the parenting decisions for the child or children and ensure you are there for them when they are with you. Avoid having them babysat. Instead, be a Dad and make sure the time you spend with them is quality time. Make sure no scheduled visits are missed, so it cannot be held against you. These are all things the judge will be reviewing.

Father’s Rights During and Following Divorce

Throughout the divorce process, you have certain rights as a father and your wife is not able to stop you from using those rights unless there are circumstances such as a substance problem or history of abuse. Examples of these rights include:

  • You wife cannot keep you from your children. And any attempt by her to do so needs immediate attention. You have the right to attend activities, events, sports games, graduations, plays, and so on. In situations where she is purposefully preventing you from doing so, tell your attorney right away and handle it through the legal process.
  • Should your ex-spouse remarry she may want your child or children to be adopted by her new husband. You have the right to stop this. No judge is going to allow this to occur if the father is meeting the agreed obligations and sticking to his visitation or custody agreements.
  • It is vital to provide the needed financial support to your child or children in order to protect your rights through the process. It is documentable evidence that you are meeting the financial obligations you have towards your child or children. Your right will remain in place by ensuring you stay current on these payments.
  • You have the right to share custody of the child or children with your wife during the divorce proceedings unless the courts have decided custody may not be shared. She is unable to force your hand on this issue unless you allow her to do so.
  • You have a right to have full involvement in the parenting decisions on behalf of the child or children, as their father. This ranges from religion, schooling, health care choices and so on. Disagreements will need to be worked out and it will demonstrate to the court that the pair of you can work for a common goal…doing what is best for the child or children.

Minimizing Problems With The Mother of Your Child Or Children During Divorce

If both of you realize conflict will be of no benefit to the child or children or yourselves during the divorce process, things should go a lot smoother. Disagreements are inevitable but serious conflict should be avoided at all costs.

  • By respecting the plans of the other person, problems should be minimized especially when it comes to things such as special events or trips. Discuss in advance any changes to schedules or pick up and collection times of the child or children. Open lines of communication are key.
  • You must remain consistent in your efforts. Being reliable and turning up when you say you are going to do so and following through with what you have said you are going to do, often helps to minimize other issues in divorce proceedings. This is an area where there is really no room for excuses so do not give her a just reason to become upset or frustrated with the situation.
  • You need to be able to communicate, clearly and concisely with your ex. If that is difficult, think about using an online service that creates and organizes schedules and you can leave each other messages on there. However, remember words said in text form can often be misconstrued as it lacks the subtlety of human intonation.

Source:  Baker, Nicholas, et al. “Can My Wife Take My Kids Away From Me? Family Law Rights.” Family Law Rights, 24 July 2016, https://www.familylawrights.net/blog/can-my-wife-take-my-kids-away-from-me/.

Speak with Our Father’s Rights Attorneys In Scottsdale

Our Father’s Rightschild custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

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