gt;gt; ryan: today, we’re with judd nemiro. judd is a divorce attorney in phoenix, arizona. If you’re in the process of getting a divorce or are considering it, and have a number of questions, this tutorial might be pretty beneficial to you. In addition to the tutorial itself, he’s agreed to answer your questions, directly. All you have to do is go down to the Comment section, below, post them, and typically within 48 hours Judd can get back to you with an answer on that. If you have a pressing concern, you can reach out to him, directly. His contact.
Information is in the information below this tutorial. with that said, judd, let’s go to our first question that was posed to you. The first one: years ago I agreed to joint custody of my children. I would like full custody, now. Is that even possible? gt;gt; JUDD: Yeah, thanks Ryan. Some preliminary thinking, in Arizona, we no longer use the word custody, legally. A lot of people that come to see me, potential clients, are still using the word custody, but I try to, for clarification purposes, let them know as of.
2013 they now call it legal decision making. we no longer use the word custody. we also use the term parenting time. The last issue, when you are speaking about children and divorce law, is child support. When they have joint custody in the past, prior to 2013, that means join legal decision making, now. The question is they would like full custody, now. I hear people mention that, a lot. Typically, what they mean is that they want sole legal decision making or they want more parenting time. I think we need to define both of those in order.
To answer this question. first of all, parenting time is how many days you will see your child in a given year. There are 365 days in a year, so if you’re seeing them 182.5 days, you have what is called equal parenting time. You can have different schedules like week on, week off, in order to exercise that equal parenting time on a week to week basis. Legal decision making, formally known as custody, is really the ability to make educational, medical, and religious decisions for your children or to raise the children as you see fit. When.
People say full custody, they usually mean that they want most of the parenting time and sole legal decision making. Arizona, along with changing the language used to describe custody or legal decision making, in 2013, also made it harder to get sole legal decision making. Typically, what I tell people is sole legal decision making is really reserved for if one of the parents is a child molester, abuser, or neglecter, if there has been a lot of domestic violence in the relationship between the parents or to one of the children,.
Drugs and alcohol abuse, felonies, misdemeanors, or sexual offenders, and things like that. If none of those are present, it will be difficult to get sole legal decision making or full custody from the courts. Arizona wants to do equal parenting time and joint legal decision making because the public policy is seeing both parents an equal amount of time and both parents being involved is what’s best for the kids. gt;gt; RYAN: Alright. Next question we had was is it possible to get alimony if I make more.
Money than my husband? gt;gt; JUDD: That’s a good question and there’s a lot of spouse 00:03:53.00 questions I get. We call them, in Arizona, spousal maintenance. A lot of other states call it alimony but it means the same thing. It is a monthly payment, after the divorce, to your spouse for a period of time. Each state, I think, is quite different. In Arizona, it is one of the most difficult things in divorce law to predict. When people ask me how much they can get it is very difficult.
To predict. they even have a story that goes around maricopa county that they had an education seminar with 10 family judges. They asked them the same question and they came up with 10 different answers for the numbers on spousal maintenance. It’s difficult to say. The question is if I make more money than my husband can I get alimony? Typically, if you’re making more money than your husband, it is going to be difficult to get spousal maintenance. Spousal maintenance is on a need basis. If you’re making more than your husband, then.
San Diego Domestic Violence Attorney Criminal Lawyer Answers Legal Questions
gt;gt; ryan: today, we are with david shapiro. david is a criminal defense attorney, in san Diego, California. He has agreed to answer some online questions related to domestic violence. If you are in a situation where you are facing charges of domestic violence and are in the process, now, considering hiring an attorney, one of the things you can do, that I’d recommend, is take a look online at some of the client reviews. In the case of David, he’s got a ton of very positive client reviews. This is from Google, Yelp,.
Avvo he’s actually got a perfect 10 rating on avvo. if you’re not familiar with avvo, it is actually a website where other attorneys, as well as clients, can rate you based on previous experiences. It is definitely something you should consider during that process. He’s agreed to answer your questions, directly, so if you have a question, related to criminal defense, in this case specifically to domestic violence, all you need to do is post your question to the Comments section below and he will get back to you typically within 24.
To 48 hours. with that said, david let’s go into the first question that was posted online. gt;gt; RYAN: I’ve been charged with domestic violence (not convicted). If I am convicted, will I lose joint custody of my son? gt;gt; DAVID: That’s a good question. Possibly, is the answer from the criminal defense attorney’s standpoint of it. What we need to be aware of is, a lot of times, the child, if remotely present during the alleged act of violence towards your spouse, baby’s mother, whatever.
The situation may be, the child could also be considered an alleged victim of the act of domestic violence. Many times, clients of mine will get charged with domestic violence offenses toward their spouse or exspouse and the child who is present is also named as a victim under the theory that their mental health was endangered. There may be a child endangerment charge or child abuse charge. That’s something you need to keep in mind. That person, in the criminal court case, your child might be a protected party. You may.
Not have any contact and may not be allowed to legally have any contact with your child as part of the criminal court. As far as child custody stuff goes, obviously a domestic violence conviction, any conviction, would be a problem. Specifically, though, the best approach is to hire an experienced family law attorney that deals with divorces or child custody stuff, more importantly, who can work hand in hand with your criminal defense attorney, someone like me, to make sure that you are protected in both criminal and family court.
In the event that case in criminal court ends with some sort of negotiated deal, you want to make sure that what you resolve the case for in criminal court, although in itself it may be a really great deal, we also want to make sure it protects you in family court, most noticeably, in your situation, with child custody. gt;gt; RYAN: All right. The next question we had was my exhusband has been convicted of domestic violence. I would like to get a restraining order. Is all I need to do is go to this link.
And complete the form? just so you know, for the people watching, there is a link to the state website and that will be in the description, below. gt;gt; DAVID: I mean, you can certainly go to the California’s courts website and that is something you can do to fill out a restraining order packet and gather some basic information. It is always better to go into court and have the assistance of an attorney when you petition the court for a protective order. What I can tell you is if your husband has already been.
Convicted of domestic violence in criminal court, it certainly, if he is still on probation, as part of that probationary sentence, if you’re convicted of a domestic violence offense in the state of California, it is mandatory that there be some sort of protective order. Whether it is a full protective order or it is a no negative contact order, there is likely already one in place as part of the criminal court case. Whether or not there is, though, you definitely have those rights to go and petition it through civil court, particularly.