Divorce and Family Court Issues

December 10, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Chris Grifin -

Family court has jurisdiction over family disputes. If you and your spouse decide to get divorced but cannot come to an agreement on certain issues, you may have to settle the matter in court. You should hire a divorce law firm to guide you through the divorce process. One of the reasons family court is important is because it protects the welfare of children.

Why you should choose an attorney

Family issues like divorce and child custody can be sensitive. A lawyer who specializes in family law can offer you divorce advice in White Plains.

Additionally, you should choose an attorney for the following reasons:

Understanding: Your attorney has significant experience with matrimonial and family law and understands your situation. Also, your lawyer can offer you personal legal service and guidance to help you find closure.

The law is complicated: Legal issues can be complex and overwhelming. An experienced divorce law firm can explain family law and legal procedures.

Your lawyer will fight for you: A lawyer can make sure your voice is heard and that the issues you are concerned with are discussed.

What happens in family court

If you are thinking about a separation or divorce, you should seek able counsel as quickly as possible. After you file a petition, and your spouse receives a summons, you attend court. You can avoid going to family court if you and your spouse can agree on issues like marital assets, child custody, and visitation.

The following cases may be dealt with in family court:

• Divorce

• Custody

• Alimony

• Adoption

• Domestic violence

A seasoned law firm understands that divorce can be a delicate matter. If you are

in need of competent legal help or a divorce mediator, do not delay in contacting an divorce attorney.

While this article is intended to provide helpful information, it is not meant to constitute legal advice.

Since a divorce is an emotional and physical moment for everyone, only an experienced divorce lawyer can assist you through all aspects of family law. A legal separation is always a good alternative for couples that are not certain about the divorce.

Article Source: http://EzineArticles.com/?expert=Chris_Grifin
http://EzineArticles.com/?Divorce-and-Family-Court-Issues&id=4070882

Child Custody For Fathers to Help Dads in Their Case

By Justin DiMateo -

“Custody for Fathers: A Practical Guide Through the Combat Zone of a Brutal Custody Battle” is a book completed by an experienced family law attorney Michael Brennan focused on the area of child custody.

Reviews coming in for this book claim that finally a well written book made for fathers combating their ex-spouse for child custody has arrived. It offers a positive, hand-holding strategy to give dads the additional self-confidence to do the right thing. The details given are such that you are instructed on the proper body language for the courtroom.

Some dads are mistaken in the thinking that if you permit the mom to have 100% or full custody that they can return later in a couple of years and get joint custody, but this is far from the truth as it is a rare occurrence.

It is vital that fathers establish themselves prior to acquiring custody. The moment you lose custody, your chances of maintaining an active role in your child’s life decrease. Allowing full control by your ex-spouse can be tragic if the divorce was combative since it is well documented with cases whereby mothers have brainwashed their kids against their father.

Do you really want your ex-wife to control all the major decisions and factors of your child’s life that a Dad should do or customarily does.

When it comes to acquiring child custody from a divorce and fighting for the optimal interest of your children, you have to put up a mighty forceful fight. There is no area for doing it half-way for lack of knowledge. The old adage of knowledge is power definitely applies. Wouldn’t you as a Dad like to teach more adages to your child?

It is mistakenly thought that dads can easily gain either sole or joint custody of their children. This is not true. And this book emphasizes the significance of getting a successful child custody strategy in place in the beginning. If this is done half-way, to put it lightly, then it is very hard to modify the current agreement, especially if it was inserted by the court from the collapse of the parent’s relationship.

It is important for fathers to completely know how the legal system operates, how the child custody laws are different in various states and how to do the best they possibly can when custody analyzing is being performed.

Another testimonial from a reviewer, “I feel confident that the information in this book will assist me in raising my chances at a minimum of being able to spend time with my child, counter-acting the negative efforts of the mom. The book is without a doubt worth the minor investment and time to be able to spend time with your child.

Justin suggests you get this book and choose a lawyer who specializes in the field and get yourself informed thoroughly.

Find a child custody lawyer to help your cause and remain present on your child’s life.

Article Source: http://EzineArticles.com/?expert=Justin_DiMateo
http://EzineArticles.com/?Child-Custody-For-Fathers-to-Help-Dads-in-Their-Case&id=3537957

Understandings a Father’s Rights When You Are Not Married

By Justin DiMateo

A father’s rights in California may depend on whether or not his child was born out of wedlock. If the child was born in wedlock, the father may have a much simpler path ahead of him in terms of his right to custody, visitation or child support. If the child was born out of wedlock, the father may face a much more difficult path.

The mother of a child born out of wedlock may deny the father any rights to visitation and she has the right to assume full custody of the child unless the Court says otherwise. If the mother would like to collect child support, she may file with the court to determine the father of the child and must also file an Order to Show Cause for child support.

Either party may request a DNA test be conducted to determine the father of the child. If a father wants to obtain visitation rights, custody or child support, they will have to file an Order to Show Cause for these rights and will have to file a Petition to Establish Parentage.

In many cases, the court will grant the father visitation rights unless it is proven that it is in the child’s best interest that the father is denied such rights. The reasoning is complicated and delicate as another parental figure who appears in and out of the child life could bring on strong dependency issues later on in life.

Determining a father’s rights in the state of California may be difficult and confusing for some people. Consulting with a knowledgeable attorney who specializes in the area of family law may help to shed some light on the process and the father’s options. The objective is to make all parties come to a level of acceptance that is fair.

Justin recommends to look for more information and to get a Father’s Rights Lawyer before arguments happen and then you may need a Domestic Violence Attorney. Visit the offices of Diefer Law Group.

Article Source: http://EzineArticles.com/?expert=Justin_DiMateo
http://EzineArticles.com/?Understandings-a-Fathers-Rights-When-You-Are-Not-Married&id=3348790

Divorce and Family Court Issues

May 20, 2010 by Maricopa County Court  
Filed under Family Court

By Chris Grifin

Family court has jurisdiction over family disputes. If you and your spouse decide to get divorced but cannot come to an agreement on certain issues, you may have to settle the matter in court. You should hire a divorce law firm to guide you through the divorce process. One of the reasons family court is important is because it protects the welfare of children.

Why you should choose an attorney

Family issues like divorce and child custody can be sensitive. A lawyer who specializes in family law can offer you divorce advice in White Plains.

Additionally, you should choose an attorney for the following reasons:

Understanding: Your attorney has significant experience with matrimonial and family law and understands your situation. Also, your lawyer can offer you personal legal service and guidance to help you find closure.

The law is complicated: Legal issues can be complex and overwhelming. An experienced divorce law firm can explain family law and legal procedures.

Your lawyer will fight for you: A lawyer can make sure your voice is heard and that the issues you are concerned with are discussed.

What happens in family court

If you are thinking about a separation or divorce, you should seek able counsel as quickly as possible. After you file a petition, and your spouse receives a summons, you attend court. You can avoid going to family court if you and your spouse can agree on issues like marital assets, child custody, and visitation.

The following cases may be dealt with in family court:

• Divorce

• Custody

• Alimony

• Adoption

• Domestic violence

A seasoned law firm understands that divorce can be a delicate matter. If you are

in need of competent legal help or a divorce mediator, do not delay in contacting an divorce attorney.

While this article is intended to provide helpful information, it is not meant to constitute legal advice.

Since a divorce is an emotional and physical moment for everyone, only an experienced divorce lawyer can assist you through all aspects of family law. A legal separation is always a good alternative for couples that are not certain about the divorce.

Article Source: http://EzineArticles.com/?expert=Chris_Grifin
http://EzineArticles.com/?Divorce-and-Family-Court-Issues&id=4070882

Should I Hire a DUI lawyer?

By Ian E. Wright

The main reason anyone would ask that question is because they have been charged with some form of  DUI (driving under the influence) or DWI (driving while intoxicated). If this sounds like you or someone you know you need to hire a lawyer as quickly as possible.

There are several reason why you need a qualified DUI lawyer working hard for you. Primarily they will know your legal rights in regard to the specific charge against you. Thus, they will be able to help prevent you from self-incriminating yourself or any other mistakes you are likely to make.

Moreover, if the charge is a serious one, which hopefully it is not, they will know how to defend you in court. You need the experience of a good DUI lawyer because they understand how to talk to judges, juries and the prosecution. And once again they will know the law far more throughly than you will, given their years of legal experience.

Probably the most common argument against hiring a DUI lawyer is that they are expensive. Well this is a valid point any good DUI attorney is going to be expensive, but that is because of the value they provide. For example, how much would you pay to avoid going to jail even for a few months. For many people the cost of the DUI lawyer when compared to the potential fines and/or jail time of not; find that hiring one is a good investment on their part.

There are however some common misconceptions about what a skilled DUI lawyer can and cannot do. Most importantly they are not miracle workers. If you have driven drunk and killed someone there is no way that you are going to get away with only a fine. People often see shows such as Law and Order and think that lawyers can get people out any situation.

The truth is that if you are guilty of killing or seriously injuring some one while DUI you will face jail time. However, even in these cases it makes sense to hire a good DUI lawyer because they may be able to get your sentence reduced somewhat, especially if you plead guilty.

The situation where DUI lawyers work best though is for first time offenders. They can ensure that the fines and/or jail time will be as minimal as possible. Think of them as your get out of jail free card, that you can only use once. The more serious the DUI offense or the more DUI convictions you have the less leeway a DUI lawyer will have with your case.

Thus, if you have been charged with a DUI or DWI you need a lawyer on your case. Just remember that they are not miracle workers. They have to work with the particularities of your case and history. In the end though you will be glad you did. Better yet, don’t drink and drive in the first place and you will never have to ask this question again.

Ian Wright is not a lawyer but writes about many legal issues on his websites. He strongly disagrees with people who drink and drive but respects their legal rights. For more information about this issue please visit his sites about: [http://www.dui-attorney-help.com]DUI Attorney and Lawyer and [http://www.dui-attorney-help.com/Illinois-DUI-attorney.html]Illinois DUI Attorney.

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The New World of Drunk Driving Today

October 13, 2008 by Maricopa County Court  
Filed under DUI, Getting Arrested

By Lawrence Taylor

Driving under the influence of alcohol, or “DUI” as it is usually called, is the most commonly committed crime in the United States. Yet it is almost always committed by a noncriminal – that is, by an otherwise respectable citizen who has never been in trouble with the law. Consequently, representation of the DUI defendant often is attempted by attorneys not versed in drunk driving laws. Typically, the defendant’s business or family lawyer will undertake to represent him “as a favor”. Drunk driving, the lawyer tells himself, is merely a glorified traffic offense. Certainly it is not as serious or complex as a “real” crime, and therefore cannot call for any particular expertise.

This is invariably a tragic mistake. Any lawyer representing a client charged with DUI should be aware of certain preliminary facts.

Though the most common of all offenses, DUI is one of the most complex to understand and defend properly. And the stakes in a DUI case are high – higher in the long run than for most other crimes.

A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction. Once the DUI defense attorney is fully aware of these facts, he can proceed to competently represent his client.

Common though DUI is in our courts, it represents one of the most difficult criminal offenses to understand and to litigate. Consider first the nature of other crimes: If the client is charged with petty theft, for example, the issue is usually simply a question of whether he was really seen taking something; if burglary is the charge, perhaps fingerprints represent the most esoteric area involved (if even that); and, in a rape charge, semen analysis may be the only subject requiring any special expertise. In fact, in the majority of crimes, the trial hinges solely on one issue: Did the eyewitnesses see what they testified they saw? Even in circumstantial evidence cases, rarely is anything more exotic than DNA, handwriting analysis or ballistics evidence involved.

Now, consider only superficially what the primary issues are in a DUI case: What was the blood alcohol level in the defendant an hour or so prior to the analysis of a breath sample? To what extent was alcohol chemically affecting the brain tissue of the defendant in such away as to “appreciably” impair his “judgment,” his motor reactions, and his coordination?

In other words, the basic issue is to define chemically what was going on in the client’s brain and body at the time of arrest. Even brain surgeons do not yet fully understand how the human brain functions. Yet, in an attempt to determine the biochemical conditions within his client’s body at a remote moment, the DUI lawyer must be knowledgeable in chemistry, physiology, photochemical and infrared analysis, gas chromatography, etc. And what is meant by “appreciably” impaired? How does one define “judgment”? How is individual tolerance to alcohol measured? What effects do various drugs and medical conditions have on the metabolism of alcohol? Is there any inherent error in breathalyzers? These issues can continue seemingly without end.

Make no mistake: DUI is one of the most complex of all criminal charges, and undertaking to defend a client on such a charge without extensive preparation constitutes nothing short of malpractice.

The second misconception commonly held by both clients and attorneys is that the penalties for drunk driving are only minor. After all, DUI is only a step removed from a traffic citation.

Again, consider the probable consequences if the client were arrested for, say, petty theft, solicitation, or assault. Since it would probably be his first offense, and since he has probably led a sterling life, he will probably not receive jail time. Instead he will be fined perhaps $300 and placed on informal probation for approximately two years. In many jurisdictions, he can come back into court after a probationary period and have the conviction expunged – that is, erased from his record. End result: a few hundred dollars, inconvenience, and attorney’s fees. In fact, statistics indicate that the majority of defendants convicted of felonies end up serving no time in custody; the majority are placed on probation, often without even having to pay a fine.

What does the citizen arrested for DUI face? Depending on the jurisdiction, of course, the first offender may be fined $1,500 and also placed on probation, as a beginning. In addition, the court and/or DMV may take his driver’s license, a license that may be critical to operating his business or performing his job. His car maybe impounded or he may be required to have ignition “interlocks” placed in it. He will have to attend special DUI schools, occasionally for a “fee” of hundreds of dollars. According to one somewhat dated study, a convicted first offender’s average cost for bail, a DUI defense attorney, treatment programs, and fines exceeds $5,000 assuming no accident. Auto Club News (Southern California), October-November 1989. That figure is much higher today. And he may well serve time in jail; many jurisdictions now impose jail sentences for first offenders. On his second conviction he will almost certainly spend time in custody. This is not time served by a hardened con but by a terrified citizen totally unfamiliar with the callous penal system.

Already the person charged with DUI has suffered more punishment than the majority of convicted felons do. But there is more: A convicted defendant will end up paying thousands of dollars over the next few years in increased auto insurance premiums. He is required by law to carry automobile insurance, but he is now a convicted drunk driver who falls into a high risk category; his premiums will be far higher than those of a bank robber or murderer. Further, the client may be suffering from alcoholism. In effect, he may be criminally prosecuted and punished for having what is now recognized to be a medical (and possibly genetic) condition.

Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, “Drunk Driving Defense, 6th Edition”. He is the senior member of an AV-rated law firm of [http://www.duicenter.com]California DUI attorneys practicing DUI defense exclusively since 1979.

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What Should I Do After Getting Arrested For a DWI?

October 10, 2008 by Maricopa County Court  
Filed under DUI, Getting Arrested

By Douglas V. Hazelton

Our Minnesota DWI Attorneys answer your questions

If you’ve had the unfortunate experience of being arrested for driving while intoxicated, you may be unsure of what to do next. Most people don’t have previous experience to fall back on, and they may not want to discuss this event with family or friends. Be assured that you can turn to the expert advice of our Minnesota DWI attorneys in order to get some information and reassurance in this regard.

Do I need an attorney?

Usually, the first question following a driving while intoxicated arrest is – do I really need an attorney?

Yes you do! There are many ramifications to a DWI!

Our Minnesota DWI attorneys have the expertise to protect your interests. Minnesota DWI attorneys are experienced in helping clients throughout the process – including examining the case to see if it’s possible to dismiss or significantly reduce the charges.

When you research Minnesota DWI attorneys, look for firms that have expertise representing clients arrested for driving while intoxicated. It is important to find law firms with experience in criminal defense, but it’s also important to find a firm that has unique expertise with the entire DWI process. These attorneys are often members of National Drunk Driving Defense Force or National College of DUI.

How can an attorney help?

You may think that the charge of driving while intoxicated affords you few legal options. That’s where representation by Minnesota DWI attorneys can make all the difference. After the arrest,  these defense attorneys will demand the opportunity to access and review the arrest reports, audio and visual tapes, intoxilyzer logs and lab reports, examine the results of the breath analysis, and check the hospital or forensic testing process. Each step offers an opportunity to dismiss or reduce the charges.

Minnesota DWI attorneys also offer their expert advice when it comes to taking the case to trial or attempting to obtain a favorable plea bargain. In some instances, negotiating a plea bargain with the prosecuting attorney may be the best choice following a driving while intoxicated arrest. Plea bargains may result in a reduction of the charge, a minimized sentence, and a savings in expert witness and other fees commonly associated with a trial.

Being arrested for driving while intoxicated can be a scary wake up call for anyone. You may feel completely vulnerable and helpless, as though all is now lost. When you seek the advice of qualified and experienced Minnesota DWI attorneys, you’ll find that you not only have options, but the situation may be better than you had imagined. Although one certainly cannot minimize the seriousness of this arrest, it is certainly possible to protect your best interests and make sure that the experience does not serve to have long-term detrimental repercussions on your future.

Doug V. Hazelton is an experienced DUI Defense Attorney, who for has successfully handled hundreds of criminals cases. He is a member of Hennepin County and Minnesota Bar associations.

Attorney Hazelton is a graduate of the National College for DUI Defense conducted at Harvard Law School and was named a Member of the College in 1997. He was named Minnesota’s National Delegate to the College in 2006. In addition to lecturing on DUI/DWI-related topics locally and nationally, his articles have been published in numerous publications including Criminal Defense Techniques (Matthew Bender), Criminal Constitutional Law (Matthew Bender), the Police Misconduct and Civil Rights Law Report (Clark Boardman). He is a contributing editor for the Minnesota DWI Deskbook and he is slated to publish the 2008 Thomson West DWI Law Practice Book.

Douglas V. Hazelton  [mailto:dvhazelton@aol.com]dvhazelton@aol.com 612-334-3342 http://www.dwi-minnesota.com

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