A divorce is often a stressful and emotionally
difficult time. Divorce involves complex issues such as, child custody,
parenting time, visitation, property division, child support and spousal
maintenance. There are a number of legal and financial issues that must be
considered before a settlement is achieved. That is why it is so important to
retain an experienced attorney; one who knows how to help you avoid common
mistakes, to guide you through this tumultuous time.
Arizona Courts recognize the importance of fostering healthy and fulfilling relationships between parents and children. However, these rights can be restricted under certain circumstances. Our primary concern is to protect your rights as a parent and your relationship with your children. We have assisted many clients through the contentious process of child custody disputes. We can help you develop a parenting plan that is realistic, enforceable and reasonable.
Representative Cases
Faculty /Lecturer
Complex custody is a term of art used to refer to parenting issues that do not fall squarely into the pattern of a shared parenting schedule following a divorce. These are often issues that involve parental fitness, drug abuse and child abuse/neglect. Child Protective Services may have been involved based on allegations of abuse or maltreatment.
We have been involved in all levels of complex custody litigation throughout Arizona as well as interstate and international (Hague) issues.
Representative Cases
Faculty /Lecturer
Grandparent Rights and Third Party Custody
Grandparents have rights, in some circumstances, to be awarded grand parenting time with their grandchildren. Recognition of grandparents' rights is a fairly recent trend. Grandparents, step-parents, and other caretakers often form deep, bonded and meaningful relationship with the children in their lives. Yet when death, divorce, or estrangement tares families apart, these important people in a child’s life may find themselves excluded. We can help to open the door and establish quality time with your grandchildren.
We have assisted many grandparents and relatives in obtaining custody in cases where the parents are unfit.
Representative Cases
Faculty /Lecturer
Domestic
Partner/Same-Sex Property and Custody Issues
Arizona is not a ‘gay friendly’ state. The conservative political environment in Arizona has resulted in same-sex parenting, custody and property division issues becoming tremendously taboo. The Court of Appeals has further limited the ability for same-sex couples to share custody in a case called Thomas v. Thomas.
Our attorneys are committed to the equal treatment of all people, irrespective of sexual orientation. Our understanding approach to the complexities of same-sex issues has led to our firm being sought out to consult on legislative issues pertaining to same-sex parenting issues. Additionally, we advise civil rights organizations seeking to address the inequities and prejudices in Arizona law.
Child Protective
Services (CPS)/ Dependency
Being accused of
child abuse or molestation will change your life forever. Allegations of
abuse often come from school teachers, family members and medical
providers. These matters may be investigated by both the police department and Child Protective Services
(CPS). CPS may take action, including the immediate removal of your
children from their home, if certain criteria are met.
What you say and do
when CPS is called can have long lasting ramifications. A 'substantiated'
finding of abuse can have adverse impact on your livelihood, future custody
determinations, and may be the beginning of a process where the State seeks to
permanently terminate your rights as a parent.
Having handled
hundreds of CPS removal cases, we are versed in identifying the issues even in
the face of the most heinous and shocking accusations. Attorney, Gregg Woodnick, has served as a
Guardian ad Litem representing children and victims of abuse and neglect.
He has instructed and trained many GAL's and Court Appointed Advisors throughout
Maricopa County. Gregg has handled abuse allegation cases throughout
Arizona and is often called upon to consult with other attorneys and agencies
in cases involving child abuse and neglect.
Sometimes the allegation
is not as straight forward as drug or physical abuse. In recent years CPS
has actively removed children from their homes for complex issues such as
medical neglect and Munchhausen’s syndrome. Issues such as children's
unique medical challenges may be misidentified as abuse. While CPS is
generally well meaning in their efforts to 'protect the best interests of
children,' they do make mistakes. A well-reasoned defense may help the
Court understand that there are legitimate medical explanations for what has
been improperly identified as abuse.
It is our job to defend your rights in the face of allegations involving neglect and abuse. If you are under investigation by CPS or the Police, do not hesitate to hire an attorney who is qualified in this complex arena.
Representative Cases
Faculty /Lecturer
Unfortunately, false
allegations of sexual abuse have become rampant. Studies indicate that as
many as 80% of allegations that arise during custody proceedings are
fabricated. Despite these statistics, CPS, police departments and the
Courts tend to err on the side of caution.
A parent may file
child sexual abuse charges against another parent for reasons of revenge, anger
or jealousy. A relative or parent may coax a child into making false
allegations in an effort to gain custody of a child. Sometimes a person may have
simply been in the wrong place at the wrong time and was therefore falsely
accused of an impropriety when nothing actually took place.
Allegations arise not
only from parents and family members, but sometimes as the result of bad
therapy. Our attorneys have been
involved in a number of complex sexual abuse allegation cases where the
victim’s memory was ultimately determined to have been caused by bad
therapy. This phenomenon of ‘false
memory’ has been the subject of numerous professional articles and
publications. Gregg Woodnick’s work and
professional relationships with psychologists throughout the country helps him
to understand the complexities of these situations and effectively advocate for
his clients.
Sexual abuse allegations are an area of
law that everyone, attorneys included, are uncomfortable discussing. Notwithstanding, parents need representation
as these cases tend to take on a life of their own. Being accused of inappropriate sexual contact
with a child may affect your employability, reputation, custody of your
children and ultimately your freedom if you are convicted of an offense. Sexual offenses and
child abuse are very serious crimes under Arizona law. Some offenses are
designated Dangerous Crimes Against Children (DCAC). If convicted of one of
these crimes, you will face mandatory prison time.
Representative Cases
We are experienced in handling criminal cases. Our attorneys have represented the accused in counties and cities throughout Arizona. Some of the more high profile cases have included: drug trafficking, kidnapping, conspiracy, child molestation and serial arson. We also represent clients accused of drug offenses, child abuse, DUI’s and other felony and misdemeanor matters.
YOU ARE INNOCENT UNTIL
PROVEN GUILTY
Protecting Your Rights
Criminal Neglect
Drug Crimes
Representative Cases
Due to their age, children
receive special treatment in Arizona. Unfortunately, because of their
youth, they often do not comprehend the ramifications of their actions until it
is too late. A juvenile conviction (known as an 'Adjudication') may cause
immediate and irreparable harm to your child's future. A record can interfere
with your child's admission to a university and their ability to secure a good
job.
Under some
circumstances a child can be charged with a crime as an adult. This can
happen by ‘direct filing’ from the County Attorney's Office or by a 'transfer'
proceeding.
Our job is to
aggressively defend your child's rights and develop a defense strategy which
mitigates the effects of the charge on your child's future.
Representative Cases
We do not handle regular civil matters such as contract disputes
and fender-benders. However, we do
represent parties seriously injured at the fault of another. While there are many attorneys in Arizona who
handle ‘personal injury’ matters, our civil representation is focused on those
with serious and catastrophic injuries. Many
of our cases involve children who are seriously injured due to negligence of
others. This may range from a child who
was hurt in a car accident while in the care of others or a child who was
abused while in CPS custody.
We have successfully litigated cases involving ‘negligence’ and
intentional injuries such as our representation of a disabled child who was
beaten by a teacher at a school in Phoenix.
Representative Cases