Generally, the most important factor that courts use to decide child custody cases is determining what the best interest of the child is. In deciding what the child’s best interest is, Arizona family courts will consider the wishes of the child, the interaction and interrelationship of the child with the child’s parent, the mental and physical health of both the child and the parent, and previous criminal convictions, among other factors.
2. The Nature of the Crime is Important
How much weight a family court judge will give to your criminal history in determining the best interest of the child depends on the nature of your crimes. Arizona law specifically lists the false reporting of child abuse or neglect, domestic abuse, and child abuse violations as relevant factors in determining custody. Depending on the nature and severity of your crime, the judge could limit your custody rights or terminate them altogether.
3. Programs and Resources to Maintain Custody
There are programs and resources available to help increase your chances of maintaining custody of your children. Estelle Streich was able to continue to see her daughter while she was in prison for three years through the Girl Scouts Beyond Bars Program. Convicted for trafficking stolen property, Streich was able to maintain her relationship with her daughter.
“Although we only spent two hours when she came with the Girl Scout program, it was enough to keep a bond between us,” Streich told ABC15 News.
An experienced Phoenix family law attorney can also help you navigate the child custody process and assist you in providing your best case to a family court judge.
For more information on child custody issues, see our Related Resources section.
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George Lyman was sentenced to six months in jail for his almost-three-month-old daughter’s September 2010 death. Lyman had forgotten he had left her in the back seat after dropping the child’s mother off at work and going home to take a nap. The baby died after being left in the car for almost five hours. Rescuers say her internal temperature was at 108 degrees.
]]> The 22-year-old father pleaded guilty in November 2011 to negligent homicide charges, according to The Daily Miner.Negligent homicide is classified as a class 4 felony in Arizona and carries a minimum sentence of 1.5 years in jail. It is typically charged for killings that were the result of a gross deviation from the normal standard of care expected from a reasonable person rather than an intentional action. However, Lyman reportedly entered into a plea deal with prosecutors and received a lighter sentence.
Typically, prosecutors will enter into a plea bargain with the defendant in order to assure a conviction. Conversely, defendants will agree to the deal in order to get a lighter sentence and possibly avoid trial.
Although tragic, this isn’t the first time a parent has accidentally left his or her child in the car. Whether purposely or accidentally, you can be charged for child abuse for such actions. If something tragic happens to your child, such as in Lyman’s case, you could be prosecuted for homicide.
For more information on negligent homicide, see our Related Resources section.
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Authorities believe Gilbert resident Tyler John McQuade murdered his father Sean McQuade with a shotgun on Saturday, Jan. 21, reports azfamily.com.
]]> Sean's brothers reportedly found his "crumpled," bloody body on the floor on Monday, Jan. 23. Homicide detectives reportedly found at least six shotgun shells on the floor and bullet holes in the television, a shelf and a window shade, possibly suggesting that the victim was trying to flee his attacker. The reported fatal shot was to Sean's face.The 24-year-old was arrested and charged with first-degree murder after an investigation by Maricopa County Sheriff's deputies revealed alleged ties between Tyler and the murder.
Family members have reportedly said that Tyler and his father have not been on good terms and that Tyler had threatened the family in the past, according to azfamily.com. In addition, a friend of the victim placed Tyler at the location of the crime on the day that Sean was shot.
Tyler, however, reportedly denied - and continues to deny - having seen or spoken to his father at all, despite cell phone records showing that he did speak with his father and cell phone tracking methods placing the phone near his father's town of Tonopah.
Tyler McQuade remains in custody on a $500,000 secured appearance bond. He is scheduled to make his next court appearance on Feb. 3.
If you have been threatened by a family member or significant other and reasonably fear for your life, there are legal steps you can take before it escalates into something more serious, such as filing for a restraining order. For more information, see our Related Resources section. You can also contact an experienced Phoenix family law attorney who can help guide you through the process.
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Twenty-one-year-old Kristen Elizabeth Torres was arrested on Tuesday on suspicion of second-degree murder and felony child abuse in connection with the death of her 13-month-old son Aiden in Nov. 2010.
Aiden had died from acute peritonitis, which doctors say could have been prevented if Torres had sought medical attention for her young son.
]]> Torres had contacted a pediatrician when the baby began exhibiting severe symptoms such as vomiting and fever, and the doctor had advised them to go to the emergency room. However, Aiden's parents did not take him to the ER, claiming that Torres was suffering from high blood pressure at the time and her husband was too tired, according to a court filing.Police could not say why Torres' husband has not been charged thus far, according to The Republic.
Parents with legal custody of a child typically have the right to make long-term decisions about how a child is raised, incuding what medical treatments to obtain. However, parents have been prosecuted in the past for withholding medical treatment from seriously ill children, including if it was done for religious reasons.
Under Arizona state law, an adult who is convicted of a "dangerous crime against children," including felony child abuse, could be sentenced to a maximum of 24 years in prison. Couple that with the multi-year sentence a second-degree murder conviction can bring and Kristen Elizabeth Torres is facing significant jail time for the death of her son Aiden.
For more information on the rights and responsibilities of parents, see our Related Resources section.
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In one of the most horrific examples of possible Phoenix child abuse in 2011, Ame was found suffocated in a plastic footlocker while in the care of John and Samantha Allen, Ame’s aunt. The Allens claimed Ame was accidentally trapped in the box while playing a game, but Phoenix believe she was purposely placed there because she stole a Popsicle.
]]> “This child died at the hands of those who were supposed to love and care for her…this case has turned the stomachs of some of our most seasoned detectives,” Phoenix police spokesperson Sergeant Trent Crump said in a press briefing shortly after the Allens were arrested.The Allens pleaded not guilty to first-degree murder and child abuse charges, and now prosecutors say they will be seeking the death penalty because of three aggravating factors: 1) the child abuse charges, 2) the heinous nature of the alleged crime, and 3) the young age of the victim, according to ABC15.
In addition to the Allens, two women - Cynthia Stoltzmann and Judith Deal - also face criminal charges as Ame’s guardians. At least a dozen other children who lived in the same residence were also placed with Child Protective Services.
Under Arizona state law, an adult who is convicted of a “dangerous crime against children,” including child abuse, could be sentenced to a maximum of 24 years in prison. Parents or guardians charged and/or convicted of the crime can also face losing custody of their children.
A Phoenix family law attorney can provide more information about the child custody consequences of criminal charges and convictions if you, too, are at risk of losing custody rights of children in your care.
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The same, it seems, can be applied to celebrity marriages.
Klum is reportedly filing for divorce from singer Seal after seven years of marriage, reports The Huffington Post.
]]> The two have three biological children together, and Klum legally changed her last name to Samuel, (Seal’s last name), in 2010. The famous pair is also known for their yearly, elaborate vow renewal ceremonies.Celebrating their love every year wasn’t enough to combat the seven-year itch, apparently. Klum is expected to file for divorce for “irreconcilable differences” in Los Angeles Superior Court next week, according to The Huffington Post.
“While we have enjoyed seven very loving, loyal and happy years of marriage, after much soul searching we have decided to separate,” the couple said in a statement.
Similar to California, Arizona also does not require proof of fault to end a marriage. The only question Arizona courts care about in granting a divorce is typically whether the marriage is “irretrievably broken.”
With all of the celebrity divorces occurring in Hollywood these days, family law attorneys must be having a field day. Although a divorcing spouse is not required to retain the services of a family law attorney to file for divorce, an experienced Phoenix family law attorney can help make the very complicated and emotionally-taxing process smoother.
For more information on filing for divorce in Arizona, see our Related Resources section.
And to the couple that was Heidi Klum and Seal, we say “Auf wiedersehen.”
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Bundgaard represented Legislative District 4, and was majority leader of the state senate before losing his post when reports of the domestic violence incident arose.
]]> Bundgaard was accused of assaulting and endangering his then-girlfriend Aubry Ballard during a February altercation on a Phoenix freeway. Witnesses allege that Bundgaard hit Ballard, dragged her out of his car, and shook her. He eventually pleaded no contest to the charges. After pleading no contest to the misdemeanor endangerment charge, he is required to attend a domestic violence diversion program for one year, which will result in the dismissal of the entire case. If he fails to comply, he faces five days in jail, fees and 36-months’ probation.It seems the other consequence of his indiscretion has been the loss of his job. If his ethics case had been left up to the committee, it could have resulted in a recommendation that the full Senate issue a letter of reprimand, formal censure or expulsion for the former senator, according to ABC15.
Domestic violence is a serious crime that can result in severe punishment, ranging from required attendance at educational classes to jail time. If you have been the victim of domestic violence or know someone who may have been a victim, you are encouraged to report the crime to Valley police officials or contact the National Domestic Violence Hotline at (800) 799-SAFE. Phoenix family law attorneys can also inform you of your legal options.
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Phoenix Police believe the divorce process may have been frustrating enough to make Knadler want to kill his wife - literally, reports azfamily.com.
]]> Knadler, who is the owner of Arizona Shower Door, allegedly conspired with an employee to off his estranged wife, Libby. During a recorded meeting, Knadler reportedly told the employee to dig a hole in the desert to bury the victim's body and dispose of any evidence of the crime. The employee was also reportedly given an advanced cash payment and promised an additional $10,000 upon completion and payments of $10,000 per year for the employee's silence, according to azfamily.com.Luckily for Libby Knadler, the employee immediately reported the incident to police. Knadler was booked on one count of conspiracy to commit murder after evidence of the conspiracy was discovered in his home, according to the Phoenix Police Department.
Phoenix police say Knadler is currently involved in a contentious divorce, and his wife has been demanding a large settlement. Instead of resorting to such extreme and serious measures in dealing with the divorce process, there are other alternatives Knadler could have taken if the allegations are true.
An experienced Phoenix family law attorney, for example, can help you navigate the divorce process and reduce the stress that it often causes.
Divorce can be a contentious, frustrating process that can understandably make you have negative feelings towards your former spouse. Just make sure you don't act on those feelings.
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Studies have claimed that one in four girls and one in six boys will be sexually abused before they turn 18, according to azfamily.com.
In addition, experts say the majority of sexually abused children know their offenders, and it can become especially hard to report when the offender is a relative.
]]> Educating your children about sexual abuse, while difficult, may help them become more comfortable to speak with you about it if the situation ever occurs to them or someone they know."Only one in 10 will ever come forward and disclose the abuse," Phoenix Children's Hospital Marcia Stanton told azfamily.com. "Many children don't have the words for it, they don't know how to explain, they may just know that something has happened and it makes them very anxious and uncomfortable."
While discussing the Jerry Sandusky child molestation investigation with her two children to start an educational discussion about sexual abuse, a California mother recently found out that her children may have been subjected to abuse from their babysitter.
Deciding when and how to have the conversation with your children may be difficult, but there are resources available to Phoenix parents to help you start, such as children's books that help kids talk about abuse.
To educate yourself more about child sex abuse, see our Related Resources section.
Thirty-three-year-old Angie Masuda was arrested on suspicion of three felony counts of child abuse. A neighbor had reported Masuda who reportedly said she was going out drinking. Her three children - ages 5, 6, and 8 - were found home alone by responding police, according to The Republic.
]]> Masuda was allegedly gone for more than an hour and was arrested when she arrived. Police say Masuda admitted to going to a friend's house to drink.Neighbors say this isn't the first time Masuda has left her children home alone, and it's also reportedly not the first time Masuda has gotten in trouble with the law because of her drinking problem.
Masuda was arrested on suspicion of driving under the influence while her children were in the car in 2009, according to The Republic. She was placed on unsupervised probation for two years for her conviction on the charge.
Under Arizona state law, an adult who is convicted of a "dangerous crime against children," including child abuse, could be sentenced to a maximum of 24 years in prison. Physical abuse, abandonment and neglect are all considered forms of child abuse.
Parents charged and/or convicted of the crime can also face losing custody of their children. Masuda's three children are currently in the custody of Child Protective Services.
A Phoenix family law attorney can provide more information about the legal proceedings concerning child custody if you, too, are at risk of losing your parental rights over your children.
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A survey of 32 published studies found that divorced adults have a significantly higher risk - approximately 23 percent - of early death than married adults, reports The Arizona Republic.
Apparently, getting a divorce may be just as bad for your health as smoking up to 15 cigarettes a day, getting limited exercise, being overweight and drinking heavily, according to UA psychology professor and the study’s lead author David Sbarra.
]]> "We thought there was some risk, but we didn't think the risk elevation would be as substantial as other very serious public-health risks," Sbarra told The Republic.Interestingly, the study found that divorced men had a significantly higher risk for early death than divorced women. Sbarra hypothesized that the results may be influenced by the fact that men generally die younger than women or because women usually do most of the health-related planning in the family.
Don't let the studies scare you if you are considering a divorce, however. The study, known as a meta-analysis, allows researchers to examine existing evidence and form broad conclusions, but it did not conclusively prove a direct correlation between divorce and early death. In addition, other research indicates that most divorced adults go on to high levels of satisfaction and re-marry. It's the minority that faces significant health problems after a divorce, according to Sbarra.
Although there may be health risks associated with divorce, living in an unhappy marriage may not be good for your health either. To make sure you don't add stress to the divorce process, you should consider enlisting the services of an experienced Phoenix family attorney. He or she can help you with such divorce issues as creating a custody agreement and property division.
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Tempe mother Summer Dawn Angelly was sentenced to six months in jail and 10 years’ probation after her 11-month-old son nearly drowned in a Tempe motel bathtub last summer, reports azfamily.com.
Angelly and the baby’s father, Jasen Anchondo, pleaded guilty to felony child abuse charges in November. The couple had reportedly told police they left their son in the tub because he had soiled his diapers and there weren’t any clean ones left.
]]> In a similar situation, Kingman foster mother Elizabeth Dawn Stone was recently indicted on felony child abuse charges after her 8-month-old baby drowned in a bathtub in September, reports the Daily Miner.Stone reportedly told police she had left the baby in the tub to retrieve a towel but got distracted when the phone rang and her fiance came home. Stone said she had only been gone for three to five minutes, but it was enough time for the baby to drown.
Under Arizona state law, an adult who is convicted of a “dangerous crime against children,” including child abuse, could be sentenced to a maximum of 24 years in prison. Physical abuse, abandonment and neglect are all considered forms of child abuse.
Both women have other children, and both could face losing custody, at least temporarily, of those children due to the charges.
A Phoenix family law attorney can provide more information about the legal proceedings concerning child custody if you, too, are at risk of losing your parental rights over your children.
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Kayla, 20, and Frankie, 19, Almuina are accused of binding their 2-year-old and 10-month-old children’s wrists, ankles and mouths in duct tape, and posting the pictures on Facebook.
One of the children was reportedly hung upside down by the feet from an exercise weight machine, according to the Arizona Daily Sun.
]]> Although they claim that the pictures were a joke, Coconino County Sheriff's officers say it was more malicious than a harmless prank."There was fear on the children's faces in the pictures," Commander Rex Gilliland told azfamily.com. "I don't know how anybody can rationalize taping a child's mouth and then binding their hands and feet."
The couple's photos were brought to the authorities' attention after one of Kayla's Facebook friends anonymously reported them to Arizona's Child Abuse Hotline.
Although Kayla's Facebook friends were not required to report the abuse, Arizona law requires a person who is responsible for the care and treatment of a minor to report suspected child abuse to the proper authorities. If you reasonably believe a minor is being subjected to child abuse, you can reach the Child Abuse Hotline at 888-SOS-CHILD (888-767-2445).
If convicted of child abuse, the Almuinas could face several years in prison since committing a "dangerous crime against children," including child abuse, is a class 2 felony offense.
In addition, they face the very real possibility of losing custody of their two children. Both of the toddlers are currently being taken care of by a relative.
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David Hollenback was arrested on Wednesday, nearly two weeks after he brought his 7-week-old son to the hospital to treat what he allegedly said was congestion.
Police say Hollenback later changed his story and told hospital staff that he had dropped his son while taking a shower with him. However, staff members realized that the child's extensive injuries, including bleeding in his brain, were too serious to fit Hollenback's story, according to the Associated Press.
The boy is expected to survive but will likely face permanent neurological damage.
]]> David Hollenback, on the other hand, faces serious consequences if convicted of the child abuse charges. Under Arizona state law, an adult who is convicted of a “dangerous crime against children,” including child abuse, could be sentenced to a maximum of 24 years in prison. Physical abuse, neglect, sexual abuse, emotional injury and abandonment are all considered forms of child abuse in the Grand Canyon State.Arizona law also requires a person who is responsible for the care and treatment of a minor, including physicians and school officials, to report suspected child abuse to the proper authorities if he or she reasonably believes the minor is being subjected to child abuse. If you are a caregiver to a minor and suspect child abuse, you can reach the Child Protective Services Hotline at 888-SOS-CHILD (888-767-2445).
For more information on child abuse laws and mandatory reporting requirements, see our Related Resources section.
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A Mesa woman faces domestic violence charges of aggravated assault and criminal damage for running over her allegedly cheating husband, reports The Arizona Republic.
Police believe Colene Barker intentionally struck and ran over her husband in Monday because he was trying to leave her for another woman. Witnesses also say she rammed into his car twice before taking her anger out on him.
To add insult to injury, witnesses say Barker stood over him and taunted him while he was "rolling in pain" on the ground.
]]> Despite the attack, the husband did not reportedly suffer any severe injuries. He also allegedly told police he will not press charges because she "is a good mother" and "it's my entire fault," reports The Republic.Authorities say her husband is in the process of filing for divorce and has been living with his mistress for the past two years.
If you are going through a divorce, there are other ways of dealing with the painful process. An experienced Phoenix family law attorney can help you navigate the often complicated issues involved with the termination of a marriage, such as property division and child custody issues. For more information on understanding the divorce process, see our Related Resources section.
And if you are deciding to initiate a divorce, living with someone else for two years before filing probably isn't the best idea.
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