We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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I was arrested for a DUI in Tempe, but there's no way I was over the legal limit. Is there anything I can do?
It may come as surprise to many, but the ways in which you are evaluated for intoxication during a Tempe DUI stop are not infallible. There are many factors that can skew field testing and breath testing, including:
- Stomach issues or recent vomiting
- Paint or vehicle fumes in the air
- Movement-impairing disorders, such as Parkinson's
- Use of mouth wash
- Recent physical activity
- Changes in body temperature
If you believe you were unfairly arrested for drunk driving in Tempe, it is a good idea to at least meet with an experienced Tempe DUI lawyer to talk about your situation and learn more about your rights. An experienced Arizona criminal defense lawyer can protect your rights after an arrest and help you build a strong case. We may be able to help you reduce or avoid jail time and other penalties. Just give us a call today at 1-888-929-5292. You can also take a look at our FREE book, DUI's in Arizona - What You Must Know.
I live in Scottsdale and would like to adopt my wife's daughter from a previous marriage. How do I go about doing that?
Choosing to adopt your spouse's child is an exciting time for your family, and it's often much easier - from a legal standpoint - to do so, as opposed to a typical non-relative adoption. Generally, the process requires the appropriate documents to be obtained and filed, and it can be done comparatively quickly.
However, if the non-custodial parent is living and still has visitation rights, you could run into some snags along the way. Before you can proceed with a step-parent adoption in Arizona, the other parent must consent to the adoption or have previously terminated parental rights. Giving consent to the adoption means that the parent will no longer have parental rights, such as visitation, although you may be able to provide for such as the adoptive parent. Speak with your Scottsdale adoption attorney if you are concerned about the other parent consenting to the adoption, and see what your next steps should be.
If you would like to adopt a stepchild in Maricopa County, we'd be happy to handle all paperwork, court filings, and other concerns for you. Meet with one of our experienced Scottsdale family law attorneys in a completely free consultation by calling 1-888-929-5292. If you'd like more information, you can also request your free copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What happens if I'm accused of child neglect in Arizona?
If you have been accused of child neglect in Arizona, whether you are the custodial or non-custodial parent, the court will look at the situation and decide if emergency orders need to be put into place. You will likely be investigated by Child Protective Services (CPS), and it will be determined if the child is at risk.
CPS often has a more difficult time assessing neglect. Although there are clear-cut cases, such as a child living in a meth lab full of guns, most cases are not as clear. CPS will attempt to determine if there are other avenues to address any concerns of neglect before making the decision to remove the child from your home. For example, if your child is unsupervised while you are at work, CPS may work with you to get reliable child care in place so that the child is supervised and can remain in the home.
Any Arizona child custody modification involving neglect can become very complicated and very emotional. If you need answers and direction, speak with one of our compassionate and skilled Scottsdale child custody lawyers today at 1-888-929-5292. We also recommend you take a look at our book, Arizona Family Law - How to Handle Tough Issues in Tough Times. Our Phoenix family law attorneys look forward to speaking with you.
What is the discovery procedure in relation to an Arizona divorce?
The discovery procedure, used in many types of legal cases, both within and outside of Arizona family law, is how both sides share and obtain information about the case. In criminal cases, this is often a very long - although crucial - step, and how it is handled can "make or break" your case. When it comes to divorce discovery, even though the basic concept is the same, things are a little bit different. Although you will still both share and receive information with your spouse's side, discovery may be more casual than in a criminal case and may not take as long. It all depends on how complex the issues surrounding the divorce are, so there can be quite a bit of variance in how long it takes and what you will be asked to do.
If you have questions about divorce litigation or the discovery procedure in Arizona, speak with one of our qualified and friendly Phoenix divorce lawyers today at 1-888-929-5292. We'd be happy to discuss your specific situation in a completely free, no-obligation legal consultation. If you'd like more information about who we are and what we do, we'd also be happy to send you a FREE copy of our helpful book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
How can I change my child custody orders in Arizona?
As Phoenix family law attorneys, we understand that situations and wishes change over time. If your Arizona child custody orders are no longer working for you or your child, and there has been a major change in your situation, then it's probably time to take a good look at your custody orders and see if a change is needed.
The courts in Arizona will look at any request to change custody in Arizona and decide if the change is in the child's best interests. If the child is being abused or neglected, emergency orders will be put in place to make sure the child is safe while long-term decisions are made. Otherwise, the judge will consider the desires of both the parents and child, how the change will affect the child, and many other factors to determine if a change is appropriate.
If you need help or information about changing child custody orders in Phoenix, contact one of our skilled and compassionate Phoenix child custody lawyers today at 1-888-929-5292. We can explain your rights and options and thoroughly answer any questions you may have about modifying child custody in Maricopa County. If you'd like to learn more, please also request your FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
If I have a DUI conviction from another state, will it affect my Tempe DUI case?
If you have been arrested for a DUI in Arizona, whether you are a resident or from out of state, it is possible that a previous out-of-state DUI could affect your case. According to Arizona law, any DUI conviction on your record from the previous 7 years could result in a significant increase in your criminal penalties. This includes any DUI conviction in Arizona and any DUI conviction in any other US state that would also be considered a crime under Arizona law.
Additionally, Arizona participates in the Interstate Driver’s License Compact. This means that, if you are from out of state and convicted of certain crimes in Arizona, then the state will report those violations to your state's Department of Motor Vehicles. A non-Arizona resident could end up with penalties in both Arizona and his or her home state.
As Tempe DUI lawyers, we can help you figure out the best plan of action after you have been pulled over for drunk driving in Maricopa County. Whether you are an Arizona resident or from out of state, a skilled Arizona criminal defense lawyer can explain your rights and options and fight to get you the best possible outcome. Give us a call today at 1-888-929-5292 to schedule a completely free, no-obligation legal consultation, and also request a FREE copy of our book, DUI's in Arizona - What You Must Know.
When can a child be removed from the home in Arizona?
When CPS investigates your child's situation, it does not automatically mean that you will lose custody. A child removed from the home by CPS in Arizona must have been subject to certain dangerous situations. CPS has the authority to remove a child from the home only if they have probable cause to believe that:
- The child is being abused or neglected.
- The child will be abused or neglected.
- The child is injured due to dangerous drug manufacturing in your home.
- The child has a serious physical or emotional injury that requires medical assistance.
Additionally, a child could be removed from the home if CPS feels there is a risk of "imminent harm" to the child, and alternative measures have failed or will not protect the child.
Although emotions can run high any time children are involved, remember that the ultimate goal is to make sure your child is safe and living in a healthy environment. If you have any questions about child dependency in Arizona, or if you have been accused of child abuse or neglect, contact the compassionate Phoenix family law attorneys with Curry, Pearson & Wooten today at 1-888-929-5292. We have the knowledge, experience, and skills to ease your way through this difficult time. You may also want to take a look at our FREE book, Arizona Family Law – How to Handle Tough Issues in Tough Times.
As a grandparent, how can I go about getting visitation with my grandchildren after a Phoenix divorce?
Many people underestimate the positive impact grandparents and extended family can have on children. Unfortunately, it can be very difficult to maintain a strong relationship with your grandkids after a divorce, especially if your relationship with the parents seems to always be fraught with tension.
Thankfully, many states legally allow for grandparent visitation rights, and Arizona is one of them. The child must be a minor, and the court will need to determine that grandparent visitation is in the child's best interest. In order to obtain visitation rights as a grandparent in Phoenix, your situation will also need to meet one or more of the following requirements:
- One of the parents is deceased.
- One of the parents has been missing.
- The parents were unmarried when your grandchild was born.
- The divorce was final at least 3 months prior to your request.
Certain time limits and restrictions may apply, so it is in your best interest to contact a friendly and experienced Phoenix family law attorney with any questions or concerns. At Curry, Pearson & Wooten, we would be happy to discuss your situation in a free legal consultation, which you can schedule by calling 1-888-929-5292 today. We can walk you through each step of the process and make sure that everything you need is obtained, properly prepared, and delivered.
Additionally, we think you might find it helpful to read through our free book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
Why is information shared during the Tempe discovery procedure?
The discovery procedure in Tempe is an important way for you and your Tempe criminal lawyer to prepare for your Arizona criminal case. Some information is to be shared automatically between the defense and prosecution, and further types of information can be requested in your case.
The discovery procedure helps when you and your attorney are considering a plea agreement, as you have a better idea of the evidence that will be used against you. It's far less likely that you will be surprised by evidence later down the road. Additionally, some of the information that is shared by the prosecution could end up actually being in your favor. The Arizona discovery procedure is another way that the law tries to protect your rights when it comes to criminal defense.
If you have been arrested for a crime in Tempe, don't wait to contact an experienced Tempe criminal defense attorney with Curry, Pearson & Wooten at 1-888-929-5292 today. We offer a completely free, no-obligation legal consultation, during which you can get to know us and find out more about your rights. For additional information about who we are and what we do, request your FREE copy of our book, Arizona Criminal Law - What You Must Know.
I've heard that Arizona is a "no-fault" state. What does that mean, and how does it apply to my own divorce in Scottsdale?
In Arizona, a "no-fault" divorce simply means that you don't have to prove that a spouse did something wrong in order to pursue a divorce. Instead, your divorce will probably be based on "irreconcilable differences" or the general breakdown of the marriage. An Arizona no-fault divorce may also apply if you have been separated from your spouse for 18 months or more.
In a no-fault divorce, decisions are made as though the reason for the divorce is irrelevant. It is important to note, however, that fault or wrongdoing may still be taken into consideration when decisions are made regarding spousal support or property division, especially if one spouse engaged in financial misconduct leading to the divorce. Fault could potentially impact other elements of the divorce, as well. For example, if you divorced your spouse because he or she was abusive, it could impact the court's decisions about parenting time and custody.
If you have any questions about no-fault divorce in Scottsdale, contact a friendly and experienced Scottsdale divorce attorney with Curry, Pearson & Wooten at 1-888-929-5292. You may also find it helpful to look over our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times. We look forward to speaking with you.