The Arizona Child Support Guidelines recently changed this year and will be in effect for the next three (3) years. As you may know, when you and your partner separate you may be entitled to child support pursuant to the Arizona Guidelines. The Child Support Guidelines will outline how much you may need to pay or receive in child support each month.
If you need to pause child support payments due to job loss in Arizona, you can file for a modification or ask to deviate from the Child Support Guidelines because your ability to earn have been reduced. There must be a reason for the change, and you will have to present it to the court.
Self-Termination of Employment
The court will typically only recognize a need for modifications if you were laid off or fired from your job. However, if you quit on your terms, you will likely be attributed your old earning potential.
When you choose unemployment on your terms, you are not fulfilling the required obligations for supporting your child. Ultimately this situation would not qualify for a need to pause or reduce child support payments unless there are extenuating medical circumstances.
Termination of Child Support Payments
Typically, when both parents agree in Arizona, you can stop paying child support if the Court agrees that it is in the child’s best interest. Most orders will have a termination date, but sometimes, you will need to submit the Stop Order for an Income Withholding Order.
Sometimes, the custodial parent may not agree to these terms. You will complete the Stop Income Withholding Order Petition if you need to stop paying child support due to job loss or other circumstances.
After, you will need to serve the document to the custodial parent or the DCSS. Sometimes, the other party may file a response or motion, however, to object to your desire for termination.
Arizona Alimony and Spousal Support
In Arizona, if you can prove a change in your financial circumstances due to your job loss, you can pause or stop paying spousal support. It will depend, however, on if the judge granted spousal maintenance or it was set by mutual agreement. Often, if you want to stop paying spousal maintenance permanently, it can be very difficult depending on the terms of the order.
It is more realistic that a judge will temporarily allow you to stop paying alimony due to your job circumstances. The legal experts will have to complete a modification in court, showing you the terms of it. The judge is also in charge of creating the timeframe of the change in payments.
Do note that you cannot just stop paying spousal support on a whim, however. You have to petition the court unless you want to face penalties.
To learn more about child support laws or if you are in need of consultation in Arizona visit The Law Office of Daniel Hutto PLL
About Daniel Hutto
If you need help to establish child support or have received notice that a request for child support has been filed, you should talk to an experienced family law attorney at the Law Office of Daniel Hutto. Your lawyer can help you to calculate the amount so that you can understand what to expect.
He or she can also assist you in requesting a modification if substantial changes have occurred. Contact us any time at 602.671.0391 and our experienced and caring staff will take all the needed information to get your child support case underway.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
When younger couples get divorced in Arizona, the process may be fairly straightforward because they may not have had much time to accumulate very many assets. However, if you have been married for a long time and have built substantial assets during your marriage, you may have to go through a type of dissolution called a high net worth divorce.
This type of divorce can be very complex because of the different types of assets that may be involved. High net worth divorces may involve complex asset classes and holdings worth hundreds of thousands up to millions of dollars. People who go through these types of divorces will likely need to get the help of a competent family law attorney who is experienced in handling high net worth divorce cases.
The Hutto Law Team understands complex asset and debt division matters and is prepared to help.
How is a High Net Worth Divorce Different from a Regular Divorce?
A high net worth divorce will frequently involve complex legal and business issues that are not involved in regular divorces. High net worth couples may have vastly more extensive assets, including businesses, real estate holdings, art collections, trusts, stocks and bonds, investment accounts, retirement accounts, jewelry, and more. All of these types of assets may need to be identified, located, and valued to accomplish an appropriate division of property.
Under A.R.S. § 25-211, Arizona is a community property state. This means that all of the assets that you have accumulated during your marriage that are not deemed separate property are considered to be equally owned by both spouses and subject to equal division. In many high net worth divorces, however, there may be antenuptial agreements in place.
High net worth divorces are likelier to include disputes about whether certain assets should be considered to be separate or community property.
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How are Trusts Handled in High Net Worth Divorces?
Some wealthy couples have trusts established to hold substantial amounts of their assets. The handling of the assets of a trust can be crucial for the outcome of the property division in a high net worth divorce. When a spouse funds a trust with community property, it can transform the assets in the trust from being considered to be the separate property of that spouse to being considered to be the community property of both spouses to be divided in the divorce.
Normally, a trust that was created by a third party to benefit one spouse but not the other will be considered to be the beneficiary spouse’s separate property. The other spouse might argue that the court should consider the trust when it determines the amounts of spousal and child support that the other spouse should be granted.
When a trust is involved in a divorce, an attorney will need to seek disclosure from the trust. This can be hard because trust accounts may be located outside of the U.S. Trustees for U.S. trusts will normally send disclosures in response to a request. Offshore trusts might have trustees that fail to respond. When that happens, you might have to file a petition with that country’s court to seek an order for the trustee to provide disclosures.
An uncontested divorce in Arizona is generally easier to handle for both parties and their attorneys and is most common among couples who don’t have much property or debts to divide, or any children for whom they must find a way to share custody and establish child support.
However, even among couples with children, property, assets and debts, uncontested divorce is still the most common type of divorce proceedings in Arizona.
If you are considering a divorce or legal separation, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
If you are looking for a family law attorney in Ahwatukee, Hutto Law is here to help. Our team of lawyers and paralegals are extremely well-versed in all areas of family law, including divorce with and without children, child custody, child support, and spousal support. We understand that going through a divorce can be a difficult time, and our goal is to provide you with the personalized representation you need to get through it as smoothly as possible.
We serve clients in Ahwatukee and throughout the Phoenix Arizona area, so no matter where you live we can help. Contact us today for a free consultation to discuss your case and see how we can help. Call (602) 833-2741
Family Law & Divorce Representation Offered in Ahwatukee AZ
Divorce with Children – If you have recently decided to get a divorce, or if you are just now in the process of reviewing your options for a divorce with children, you probably already know, dissolution of marriage is never easy — and when you add children of any age to the process, it can become that much more emotional, stressful, and mentally and financially taxing. Regardless of how long you and your spouse have been together, if you have children involved, making the decision to legally separate or divorce always involves a host of difficult choices. For that reason, having an experienced and compassionate Arizona divorce attorney on your side is an absolute necessity.
Divorce without Children – When it comes to a dissolution of marriage in Arizona without children under the age of 18 years old, many people make the mistake of not hiring a Phoenix divorce attorney to assist with their divorce. Or, they often try to obtain a cheap Arizona divorce online, falsely assuming it will be quick and easy. The truth is, even if there aren’t any children involved in your AZ divorce, the process of any divorce can have potential issues that happen. Even though your divorce does not involve children, there are many other factors that will influence you and your spouse’s lives.
Contested vs Uncontested Divorce – An uncontested divorce in Arizona is generally easier to handle for both parties and their attorneys and is most common among couples who don’t have much property or debts to divide, or any children for whom they must find a way to share custody and establish child support. However, even among couples with children, property, assets and debts, uncontested divorce is still the most common type of divorce proceedings in Arizona.
Property Divisin in Divorce – When it comes to divorce without children under the age of 18 years old, many people make the mistake of not hiring a Phoenix divorce attorney to assist with their divorce. Or, they often try to obtain a cheap Arizona divorce online, falsely assuming it will be quick and easy. Regardless if you are going through a divorce with children or if it does not involve children, the process of any divorce can have potential issues happen and there are many other factors that will influence you and your spouse’s lives.
Child Custody – It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously. But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.
Parenting Time & Legal Rights – Before 2012, child custody in Arizona referred to which of a child’s parents were authorized to make legal decisions on the child’s behalf. Noncustodial parents were granted visitation, which included the time they would have the children for visits. However, SB 1127 was passed by the state’s legislature and became effective on Jan. 1, 2013. SB 1127 enacted important changes in child custody cases in Arizona. The laws now refer to legal decision-making and parenting time instead of custody and visitation. They are designed to ensure that both parents have liberal amounts of time to spend with their children. The statutes emphasize the importance of the child’s best interests instead of the parents’ preferences.
Child Support – In the state of Arizona, child support may be ordered by a court when two parents who have children together do not live with each other. This type of support is meant to help the custodial parent provide for the children’s upbringing. Under A.R.S. § 25-501, both parents are expected to contribute to the costs of raising their children. Costs that include basic necessities to help feed, educate, clothe and house the child. The amount of money that you might have to pay, or might receive, will be determined based on multiple factors. An experienced child support lawyer at the Law Office of Daniel Hutto can help you to figure out what to expect in your child support case. Continue reading to learn more about child support.
Contempt for Unpaid Child Support– When child support orders are issued in Arizona, the party ordered to pay child support must meet their financial obligations for support of the minor child or children or face contempt for not paying child support. Child support orders include the monthly payment amount that the paying parent must pay to the other parent. These orders also include information regarding which parent will be responsible for paying for the child’s monthly health insurance cost and how uncovered medical expenses and extracurricular expenses will be allocated.
Spousal Support or Alimony – In Arizona, either spouse in a divorce can ask the court to issue an order for spousal maintenance. However, spousal maintenance or support will not be automatically awarded when it is requested. Instead, spousal maintenance will be issued in cases in which it is needed to help the lower-earning spouse to become financially independent by completing education or training. Spousal maintenance is frequently ordered to last for a short period after a marriage ends. If a marriage lasted for 15 years or longer, it may be ordered for a longer period.
Child Adoption – Adoption in Arizona can be both a beautiful thing, and a daunting task. There are many reasons why a person or couple would like to adopt a child and, many reasons for a parent to give up parental rights to a child. In either case, the most important factor in that decision-making process is what is best for that child. While most children tend to have great relationships with their parents, there are some cases in which a child’s relationship with a parent can be problematic. Depending on the circumstances, it is possible to sever a parent’s parental rights in Arizona so that another person may adopt a child.
Sam-Sex Couple Laws – In Arizona, same-sex marriage has been legal since 2014, when the state chose not to appeal a federal court’s decision that the state’s constitutional amendment barring same-sex marriage was unconstitutional. The U.S. Supreme Court followed in 2015 with its decision in Obergefell v. Hodges, which legalized same-sex marriage across the nation. While marriage is the most common type of legal commitment in Arizona, people can still choose to register domestic partnerships in some cities in Arizona. Same-sex marriage law involving marriage, divorce, custody, and adoption remains an evolving body of law.
Grandparent’s Rights – There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents. Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney. The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.
Order of Protection (Restraining Order) – If you think you may need a protective order in Arizona, it’s important that you first know exactly what that means. An Order of Protection falls under ARS 13-3602 in Arizona and is served for the purpose of restraining a person from committing an act of domestic violence or harassment against another person or group of people. In most instances, petitions for orders of protection are first reviewed by a judge in Arizona, and most of the time, the judge will make his or her ruling on the same day. In Arizona, any court can both review a petition and issue an order of protection — but while you may be inclined to go to the court closest to you, an Arizona family law attorney with years of experience in orders of protection will have specific information on the court needed for your filing and if another active case, such as a divorce or child custody case, would require a specific court.
It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously.
But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.
If you are involved in a child custody dispute, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
Arizona Domestic Violence Defense Lawyers at Your Side
Domestic violence is never an easy topic. It’s difficult to discuss and think about no matter which side of the equation you’re on. There are many misconceptions about domestic violence, not the least of which is that it is defined by gender. Any man or woman can be the victim of domestic violence, and likewise, any man or woman can be accused of domestic violence.
What’s more, you can be accused of domestic violence no matter what the nature of your relationship to someone is, be it that you are their parent, adult child, sibling, grandparent, spouse, or same sex partner. Victims, abusers, and those who are wrongfully accused can be male, female, gay, straight, bisexual, or transgender.
When You Need a Criminal Defense Lawyer for Domestic Violence
Charges of domestic violence under Arizona Revise Statute (ARS 13-3601) can be levied against someone for a variety of issues that are often unrelated to violence at all, and can often have roots in other issues, such as child custody disputes, divorce proceedings, or simply as the result of the ending of a relationship in which one party felt they did not get fair treatment.
Regardless of the cause, being charged with domestic abuse is quite serious, and often, those who make such accusations are unaware of exactly how serious such allegations can be for the person whom they have accused.
If you have been accused of domestic violence or spousal abuse, you need to understand that the charges alone do not mean you have been convicted. That said, it’s critical that you have someone who understands the charges and what they can mean for your future on your side, because the penalties and lasting repercussions are serious, and can result in:
A criminal record
A jail or prison sentence
Fines and other fees
Ineligibility for a variety of jobs
A loss of certain education opportunities
Inability to own a firearm
Types of Relationships That Fall Under Allegations of Domestic Violence
Under Arizona’s Revised Statutes that talk about Domestic Violence, there are certain types of relationships between two people that qualify. They are:
If the Victim and Defendant are married or divorced;
If the Victim and Defendant presently (or previously) reside in the same household;
If the Victim and Defendant have a child (or unborn child) together;
If the Victim and Defendant are related (by blood, marriage, law, or court order);
If the Victim and Defendant have (or had) a romantic or sexual relationship.
Ultimately, Arizona’s outlook on relationships cover the majority of relationships, by definition. An example of a relationship where domestic violence would not apply would be between two individuals who are simply just friends, or acquaintances and do not reside in the same household.
Because of these definitions of relationships, it can become challenging for the prosecutor to prove the charge. This can work in your defense attorneys’ favor. Speak to your criminal defense attorney today and discuss the details of your case.
Compassionate Arizona Domestic Violence Attorney on Your Side
If you have been charged with domestic violence in Phoenix, Scottsdale, Mesa, Tempe, or any of the surrounding areas, get in touch with the Law Office of Daniel Hutto today. Our team of experienced, knowledgeable, and caring staff will work with you all the way through the process, ensuring the best possible outcome.
Get your free domestic violence defense attorney consultation today by dialing 602.833.2741.
Same-sex Marriage Law (Marriage, Divorce, Custody, and Adoption)
In Arizona, same-sex marriage has been legal since 2014, when the state chose not to appeal a federal court’s decision that the state’s constitutional amendment barring same-sex marriage was unconstitutional. The U.S. Supreme Court followed in 2015 with its decision in Obergefell v. Hodges, which legalized same-sex marriage across the nation.
While marriage is the most common type of legal commitment in Arizona, people can still choose to register domestic partnerships in some cities in Arizona. Same-sex marriage law involving marriage, divorce, custody, and adoption remains an evolving body of law.
People who are encountering same-sex marriage law issues might benefit from getting help from an experienced family law and same-sex divorce attorney at the Law Office of Daniel Hutto.
Same-sex Marriage Rights in Arizona
In Oct. 2014, a federal court declared the state’s statutory and constitutional prohibitions against same-sex marriage unconstitutional in its decisions in Connolly v. Jeanes, 73 F.Supp. 1094 (2014) and Majors v. Horne, 14 F. Supp. 3d 1313 (2014). When the state decided against appealing the court’s decisions, same-sex marriage became legal in Arizona. The U.S. Supreme Court followed with its decision in Obergefell v. Hodges in June 2015, legalizing same-sex marriage in every state.
Additionally, Phoenix and Tucson both have domestic partnership registries that allow couples to register as domestic partners. Both same-sex and heterosexual couples can register as domestic partners in Phoenix if they meet the following criteria:
Live together in a Phoenix residence
Age 18 or older and competent
Not related to a degree that is prohibited under Arizona law
Not married or in a domestic partnership or civil union with a different person
Are in a committed relationship
Tucson’s domestic partnership law was changed to a civil union law. To register a civil union in Tucson, people must meet the following requirements:
At least 18 years old
Not related beyond what is allowed under Arizona law
Competent
Cannot already be in a domestic partnership, civil union, or marriage with someone else
Must live together and be in a mutually supportive relationship
Some important changes that people need to be aware of since the legalization of same-sex marriage in Arizona include the coverage by Arizona’s marriage laws in Arizona Title 25 and health insurance coverage. Same-sex spouses are now covered under the federal Family and Medical Leave Act for work-related leave to care for serious medical conditions.
Same-sex spouses also qualify for health insurance through their spouses’ employer-provided medical insurance, and they can now file joint federal and state tax returns.
Spouses might also need to change beneficiary designations on their 401(k) and life insurance plans from other to spouse. Same-sex married couples now enjoy any benefits that an employer provides to heterosexual married couples.
Contact the Law Office of Daniel Hutto for Help with Same-sex Marriage Law Matters
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If you are in a same-sex relationship, you might encounter any number of different same-sex marriage law issues. Working with a lawyer who keeps current with the changes in the laws that impact same-sex couples is important for protecting your rights.
The Law Office of Daniel Hutto is dedicated to protecting the rights of our clients. Contact us today to schedule a free consultation by calling us at 602.833.2741
Arizona Laws of Property Division in Divorce Cases
When it comes to divorce without children under the age of 18 years old, many people make the mistake of not hiring a Phoenix divorce attorney to assist with their divorce. Or, they often try to obtain a cheap Arizona divorce online, falsely assuming it will be quick and easy.
Regardless if you are going through a divorce with children or if it does not involve children, the process of any divorce can have potential issues happen and there are many other factors that will influence you and your spouse’s lives.
Elements such as spousal maintenance, division of assets and community property, name changes, are there any pets involved, savings and retirements, and so on. Knowing how to handle these issues can make all the difference in your case and ensure you are protected as best as possible.
How is Community Property Divided in a Divorce?
In Arizona, the property that a couple acquires during their marriage is known as community property under ARS § 25-211. This law tells the courts how to handle a couple’s assets and debts in a divorce proceeding. In general, Arizona is a 50-50 state for the division of property. Community property is subject to division in a divorce, but the separate property will not be divided.
Property that one spouse had before the marriage
Property that was given as a gift to only one spouse
Property that was inherited by only one spouse
Property that one spouse acquires after the divorce petition is filed
In most cases, marital property is divided equally between the spouses and includes everything that has been acquired during the marriage, including retirement accounts, investment accounts, businesses, real estate, motor vehicles, furniture, and more.
A rebuttable presumption is created at the time that a petition for dissolution is filed, that all of the debts and assets accumulated during a marriage are included in the marital estate and subject to division.
Understanding What is Considered Separate Property
A spouse’s separate property will not be divided in a divorce. However, commingling separate and marital property during the marriage may cause an asset to lose its exclusion from the marital estate. Commingled property that may be included in the marital estate has lost its separate nature to such a degree that it cannot be traced back to its source.
Keeping separate property excluded from the marital property during a marriage is important.
For example, a spouse who brings money into the marriage might keep the funds in a separate account and keep detailed records. He or she may want to avoid using the funds to purchase marital assets or adding his or her spouse’s name to the account.
This can help a spouse prevent claims that he or she intended the separate property to become marital property.
There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents.
Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney.
The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.
Grandparents’ Visitation Rights in Arizona
Under ARS § 25-402(B)(2), a person other than a parent, including a grandparent, may petition the court for parenting-time rights. To do this, they must follow the process as outlined in ARS § 25-409. Under this statute, when a grandparent files for visitation rights with a grandchild, the court may grant the petition if it finds that visitation with the grandparent would be in the child’s best interests, and when any of the following are true:
One of the child’s parents is deceased or has been missing for three or more months.
The child’s parents are unmarried, and the child was born out of wedlock.
The child’s parents have been divorced for three or more months.
If the grandparent has served in loco parentis, the child’s parents must have a divorce or legal separation case pending.
The court must find that visitation would be in the child’s best interests. In making this determination, the court must consider the following factors:
The child’s relationship with the grandparent in the past
The grandparent’s motivation for seeking visitation rights
The motivations of the parent who is denying visitation to the grandparent
How much visitation time is being requested, and the potential negative impact that it might have on the child’s regular activities
Whether there is a benefit to maintaining a relationship between the child and his or her extended family when a parent is deceased
In many families, grandparents develop special relationships with their grandchildren. It can be very difficult for a child and a grandparent when a parent prevents the grandparent from seeing the child.
Arizona recognizes that grandparents can play an important role in the lives of their grandchildren.
If a court determines that granting visitation rights to a grandparent is appropriate, the visitation times will be ordered to happen when the child visits the parent that is the grandparent’s relative. If that parent is deceased, the court might order that the visitation occurs when the deceased parent would have had visitation time with the child.
Proving that a parent is deceased or that the parents’ divorce happened before the grandparent filed a petition for visitation will be straightforward. However, it can become more difficult when the parent who has custody of the child objects to the grandparent’s petition for visitation.
Getting help from the Law Office of Daniel Hutto can help grandparents gather evidence and present it in a way that supports the reasons for requesting visitation and that shows that receiving visitation would be in the child’s best interests.
An uncontested divorce in Arizona is generally easier to handle for both parties and their attorneys and is most common among couples who don’t have much property or debts to divide, or any children for whom they must find a way to share custody and establish child support.
However, even among couples with children, property, assets and debts, uncontested divorce is still the most common type of divorce proceedings in Arizona.
If you are considering a divorce or legal separation, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents.
Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney.
The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.
Grandparents’ Visitation Rights in Arizona
Under ARS § 25-402(B)(2), a person other than a parent, including a grandparent, may petition the court for parenting-time rights. To do this, they must follow the process as outlined in ARS § 25-409. Under this statute, when a grandparent files for visitation rights with a grandchild, the court may grant the petition if it finds that visitation with the grandparent would be in the child’s best interests, and when any of the following are true:
One of the child’s parents is deceased or has been missing for three or more months.
The child’s parents are unmarried, and the child was born out of wedlock.
The child’s parents have been divorced for three or more months.
If the grandparent has served in loco parentis, the child’s parents must have a divorce or legal separation case pending.
The court must find that visitation would be in the child’s best interests. In making this determination, the court must consider the following factors:
The child’s relationship with the grandparent in the past
The grandparent’s motivation for seeking visitation rights
The motivations of the parent who is denying visitation to the grandparent
How much visitation time is being requested, and the potential negative impact that it might have on the child’s regular activities
Whether there is a benefit to maintaining a relationship between the child and his or her extended family when a parent is deceased
In many families, grandparents develop special relationships with their grandchildren. It can be very difficult for a child and a grandparent when a parent prevents the grandparent from seeing the child.
Arizona recognizes that grandparents can play an important role in the lives of their grandchildren.
If a court determines that granting visitation rights to a grandparent is appropriate, the visitation times will be ordered to happen when the child visits the parent that is the grandparent’s relative. If that parent is deceased, the court might order that the visitation occurs when the deceased parent would have had visitation time with the child.
Proving that a parent is deceased or that the parents’ divorce happened before the grandparent filed a petition for visitation will be straightforward. However, it can become more difficult when the parent who has custody of the child objects to the grandparent’s petition for visitation.
Getting help from the Law Office of Daniel Hutto can help grandparents gather evidence and present it in a way that supports the reasons for requesting visitation and that shows that receiving visitation would be in the child’s best interests.
Compassionate Arizona Domestic Violence Attorney on Your Side
If you have been charged with domestic violence in Phoenix, Scottsdale, Mesa, Tempe, or any of the surrounding areas, get in touch with the Law Office of Daniel Hutto today. Our team of experienced, knowledgeable, and caring staff will work with you all the way through the process, ensuring the best possible outcome.
Get your free domestic violence defense attorney consultation today by dialing 602.833.2741.
Arizona Clarifies Driving Under the Influence of Marijuana in Arizona, Medical Marijuana DUI or Recreational
In the state of Arizona, driving under the influence of marijuana (cannabis) is a crime according to Arizona Revised Statute ARS 28-1381. Under this statute, the mere presence of the THC compound and metabolites associated with cannabis in your bloodstream is grounds enough for a marijuana DUI charge, whether or not the person in actual physical control of the vehicle itself appears or behaves in a manner consistent with being intoxicated in any way.
That’s because the state of Arizona is, as compared to many other states in the US, relatively strict about its overall DUI laws. In other words, the reason you can be charged with a DUI for marijuana in Arizona is because you can be charged with a DUI here if you are driving under the influence of any drug or any type of alcohol.
Look at it this way: if a substance has the ability to impair the functions of the human body, it is a substance you can be charged with a DUI for in the state of Arizona.
But Medical Marijuana is Legal in Arizona, Right? Yes, But Not Always When You’re Operating a Vehicle
While it is certainly true that medical marijuana is legal in Phoenix and throughout the state of Arizona, using it by way of smoking, vaping, or by way of edibles and then driving is against the law. However, similar to prescription drugs, lawful marijuana use before driving can be legal if you are not impaired and the levels of THC in your system are low.
In Arizona, since there is no per se level of impairment for THC, the defense of lawful use of Marijuana can prove difficult and is best suited for an experienced DUI defense attorney.
The Penalties, Fines, and Fees Associated with Marijuana DUI Drugs Charges in Arizona
If you are charged and convicted of driving under the influence of marijuana anywhere in Arizona, the first time you are charged with DUI Drugs you can expect the following penalties, fines, and fees to the court:
Minimum 10 days in jail
A minimum fine of $250
Potential to have your license suspended and driving privileges revoked
Probation for a period decided by the judge in your case
Installation of an ignition interlocking device on any motor vehicle(s) you operate, if convicted of the impaired charge
Potential community service hours in the amount decided by the judge in your case
If, however, this is your second DUI conviction (within 84 months) for driving under the influence of marijuana in Phoenix, Scottsdale, Chandler, Tempe, Mesa, or anywhere else in the state of Arizona, you may instead face the following penalties and fines:
At least 90 days in jail
A minimum fine of $250 with additional assessments and fees that total thousands of dollars
The revocation of your driving privileges
Drug screening and treatment program for all offenders
Up to 30 hours of community service hours
There are some other penalties associated with driving under the influence of marijuana, specifically if you are doing so while your license is suspended and/or within 7 years of your second conviction, and these penalties and fees can include a minimum of 4 months in prison and as much as $150,000 in fines!
To learn more about DUI charges and legal defense in Arizona visit The Law Office of Daniel Hutto PLL
About Daniel Hutto
As a former felony prosecutor for the State of Arizona, Phoenix DUI attorney Daniel Hutto is very well versed in DUI Cases from both sides and uses his years of experience in setting up an aggressive DUI defense strategy. Whether it’s a misdemeanor DUI offense, Extreme DUI or serious felony such as an aggravated DUI with a child in the vehicle, our staff has the proven knowledge and success to provide you a professional and proven effective defense.
If you have been charged with a DUI offense, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
Drug Sales and Distribution in Arizona: What You Need to Know About ARS 13-3407(A)(2) and ARS 13-3407(A)(7)
According to Arizona Revised Statute §13-3407, the distribution of drugs occurs if an individual knowingly sells, transfers, or offers to sell or transfer drugs within the state of Arizona. Additionally, you may also be charged with the distribution of drugs for sale in Arizona if you were traveling from one state to another and in the process, passed through Arizona, where you were pulled over or otherwise found to have an amount of drugs commensurate with legal definition of drug sales and distribution in the state of Arizona.
ARS 13-3407 further delineates that the person will be charged with the distribution of drugs if s/he imports illegal drugs or prescription medications that are not his or hers into the state of Arizona — meaning that s/he was not “passing through” Arizona, but meant to stop and distribute the drugs within the borders of the state of Arizona.
Drug Sales and Distribution Goes by Other Legal Names in Arizona — and Elsewhere
The distribution of drugs, or drug sales and distribution, is also sometimes referred to as drug trafficking. Additionally, crimes of this nature may also be known in some cases as the possession of drugs for sale, or, where appropriate, drug transportation for sale.
What Constitutes the Difference Between Drugs for Sale and Drugs for Personal Use According to Arizona State Law?
The important fact that distinguishes the charges associated with drugs for sale and drugs for personal use has everything to do with quantity — and these quantities are broken down legally so that there is no confusion about what the thresholds are according to the law.
Some examples of these thresholds for the purposes of charging the crime of drug sales and distribution in Arizona or drug trafficking include:
Cannabis: 2 pounds or more
Powdered cocaine: 9 grams or more
Methamphetamine: 9 grams or more
Heroin: 1 gram or more
LSD: One-half a millimeter or more
The important fact that distinguishes the charges associated with drugs for sale and distribution and drugs for personal use has everything to do with quantity
But the Amount of Drugs Are Not the Only Determining Factor When it Comes to Drug Sales and Distribution Charges in Arizona
While it is certainly true that the amount of drugs play likely one of the largest roles — if not the largest role — in the determination of a drug trafficking charge in Arizona, specific facts and circumstances in each unique case can be the cause of a drug sales and distribution charge.
Indicia of drug sales can be factors aside from the volume of drugs in determining charging severity. Some examples include, but are not limited to, the answers to these three key questions:
Were the drugs hidden, or was extra care taken to conceal them beyond the average manner in which someone might conceal drugs for personal use?
Did the alleged drug distributor or trafficker also have a large amount of cash money or copious amounts of other valuables on hand in such a manner as to appear suspicious?
Was there also equipment or paraphernalia on hand at the scene where the drugs were found — or in close proximity to where they were found — that could be used to do things like measure drugs, or parse drugs out into packages or baggies?
Of course, not every situation is exactly as it seems, but if the answers to all three of these questions is “yes,” even if the amount of drugs found during the arrest or “bust” does not meet the legal threshold, drug sales and distribution or trafficking charges could very likely be in consideration by the prosecution or the judge in your case.
As a former felony prosecutor for the State of Arizona, defense attorney Daniel Hutto is well versed in criminal allegations from the “other side” and use my prior knowledge in setting up an aggressive defense strategy. Whether it’s a minor misdemeanor offense or serious felony such as Murder, Aggravated Assault or Drug Sales, our attorneys have the proven knowledge and success to provide you a personalized and aggressive defense.
If you have been charged with a drug offense, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents.
Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney.
The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.
Grandparents’ Visitation Rights in Arizona
Under ARS § 25-402(B)(2), a person other than a parent, including a grandparent, may petition the court for parenting-time rights. To do this, they must follow the process as outlined in ARS § 25-409. Under this statute, when a grandparent files for visitation rights with a grandchild, the court may grant the petition if it finds that visitation with the grandparent would be in the child’s best interests, and when any of the following are true:
One of the child’s parents is deceased or has been missing for three or more months.
The child’s parents are unmarried, and the child was born out of wedlock.
The child’s parents have been divorced for three or more months.
If the grandparent has served in loco parentis, the child’s parents must have a divorce or legal separation case pending.
The court must find that visitation would be in the child’s best interests. In making this determination, the court must consider the following factors:
The child’s relationship with the grandparent in the past
The grandparent’s motivation for seeking visitation rights
The motivations of the parent who is denying visitation to the grandparent
How much visitation time is being requested, and the potential negative impact that it might have on the child’s regular activities
Whether there is a benefit to maintaining a relationship between the child and his or her extended family when a parent is deceased
In many families, grandparents develop special relationships with their grandchildren. It can be very difficult for a child and a grandparent when a parent prevents the grandparent from seeing the child.
Arizona recognizes that grandparents can play an important role in the lives of their grandchildren.
If a court determines that granting visitation rights to a grandparent is appropriate, the visitation times will be ordered to happen when the child visits the parent that is the grandparent’s relative. If that parent is deceased, the court might order that the visitation occurs when the deceased parent would have had visitation time with the child.
Proving that a parent is deceased or that the parents’ divorce happened before the grandparent filed a petition for visitation will be straightforward. However, it can become more difficult when the parent who has custody of the child objects to the grandparent’s petition for visitation.
Getting help from the Law Office of Daniel Hutto can help grandparents gather evidence and present it in a way that supports the reasons for requesting visitation and that shows that receiving visitation would be in the child’s best interests.
It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously.
But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.
If you are involved in a child custody dispute, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto 4201 North 24th St. Phoenix, Arizona 85016
Law Office of Daniel Hutto, PLLC 