Gregg R Woodnick’s Answers

Gregg R Woodnick

Phoenix Family Law Attorney.

Contributor Level 11
  1. What is the statute of limitation to be charged with a prostitution offense in AZ?

    Answered 3 months ago.

    1. Gregg R Woodnick
    2. James L Heard III
    3. Steven W Zachary
    4. Paul E Knost
    5. Michael Douglas Shafer
    5 attorney answers

    While the statute of limitations is a year, generally I have seen these matters charged closer in time to the offense. If the place that you were working for is a higher end establishment, it is possible that there is a longer term investigation going on. Different cities (Phoenix, Scottsdale etc.) place differing priorities on these matters. Sometimes they push for the arrests on sex charges and other times they pursue licensing violations or both against the workers. You should...

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  2. What kind of custody will I get in a divorce with my wife having dui's in 2011, 2007, and 2003

    Answered about 1 year ago.

    1. Gregg R Woodnick
    2. Howard M Lewis
    3. Patrick S Sampair
    3 attorney answers

    In Arizona we have Joint and Sole custody. The difference has to do with the ability to make decisions regarding the health, education and religion of your children. You have 3 young children who need both parents (sober) involved in their lives. If your wife has a drinking problem, which appears to be the case, you are going to contend that she can not be trusted to make legal decisions with you as she cannot take care of her self. If she is smart, she will get in a rehab program, test...

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  3. What happens when the custodial parent is arrested for hitting his son

    Answered 10 months ago.

    1. Gregg R Woodnick
    2. Michael L Rich
    2 attorney answers

    You need to determine if AZ or TX has jurisdiction. If CPS is involved in TX, and a Dependency proceeding has been initiated, they probably have at least 'emergency jurisdiction' under the UCCJEA. You need to figure if you should /can file to modify here in AZ or in TX. www.woodnicklaw.com

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  4. Is a respondent required to file a response to a divorce petition to be able to file for a consent decree?

    Answered about 1 year ago.

    1. Gregg R Woodnick
    2. Angela M Wilson-Goodman
    2 attorney answers

    If you pay the response fee, the court may accept the Consent Decree without a formal response. If you do not pay the Response/appearance fee, the court will not take it as a Consent Decree and you will need to comply with the default rules (Application/Notice etc.) www.woodnicklaw.com

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  5. I slapped my five-year-old son on the face and he has a small red mark. Have I committed an offense?

    Answered 10 months ago.

    1. Gregg R Woodnick
    2. Eve L. Benger
    3. Jeff Adrian Biddle
    3 attorney answers

    This is the first time I have heard of someone calling CPS on themselves. Corporal punishment is legal in AZ. If it leaves a mark it is not. It can result in criminal charges and the 'substantiated' finding of abuse and your name on the Central Registry. That does not appear likely here, even with the small red mark. I would not worry about the situation. Sounds like it was a nothing parenting over-reaction at most.

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  6. If i report a child to CPS what would happen?

    Answered about 1 year ago.

    1. Gregg R Woodnick
    2. Harry Edward Hudson Jr
    3. Daniel Seth Riley
    3 attorney answers

    You do not have a legal obligation to report the situation. Arizona only requires that a defined group of people "must" report to law enforcement and/or CPS. This sounds like possible neglect and you would be doing the RIGHT thing to call CPS at 1-888-SOS-CHILD and report the situation. Your name will be kept confidential. CPS does not always remove children from their homes. Sometimes they provide in-home services and education to help make sure situations are remedied and do not...

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  7. Petition for Alternative Service?

    Answered about 1 year ago.

    1. Gregg R Woodnick
    2. Max N Hanson
    2 attorney answers

    I doubt the court is going to permit regular mail as service of process. The Rules are designed to make sure the other party is aware of the proceedings. You may want to read Rules 40-42 online. (http://www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf). If you know where he lives and he is avoiding the process server, you may want to get an affidavit from the process server indicating their efforts and then ask the court for permission to leave the notice taped to the door in light of...

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  8. If I re-marry my x-wife who I owe back child support payment to will I no longer have to pay it?

    Answered about 1 year ago.

    1. Gregg R Woodnick
    1 attorney answer

    You still will have/owe the arrears. But...it is fixable. You need an attorney to prepare the appropriate documents to show the amount is satisfied and to stop the wage garnishment/order of assignment. Note, if money is owed to the State of Arizona because this is a 4D matter, they will still need to be satisfied. www.woodnicklaw.com

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  9. What is a mandatory resolution statement?

    Answered about 1 year ago.

    1. Gregg R Woodnick
    2. Jeff Adrian Biddle
    2 attorney answers

    You are probably referring to the RMC Statement. You can download a template at the Superior Court Web Site. It lays out your positions for the Court prior to the RMC Conference. Here is a link to the Rule: http://weblinks.westlaw.com/result/default.aspx?cite=UUID%28N14F7C8E0AC-5E11DE97CFC-30D94C59A9E%29&db=1082606&findtype=VQ&fn=_top&pbc=DA010192&rlt=CLID_FQRLT388919472154&rp=%2FSearch%2Fdefault.wl&rs=WEBL12.01&service=Find&spa=AZR-1000&sr=TC&vr=2.0 http://woodnicklaw.wordpress.com/...

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  10. How do we legally word our divorce decree so that it reflects our agreement to have me keep the house with special circumstances

    Answered about 1 year ago.

    1. Deborah Varney
    2. Gregg R Woodnick
    2 attorney answers

    This is a common problem in Arizona with the pandemic of upside down mortgages. It used to be that parties would sell the community residence and use the proceeds to pay off other debt. now the house is the majority of the debt for many. Your question is entirely to complex to answer with the information given. You probably should sit down with a realtor and an attorney before signing the decree and find out what options you have to get rid of the house. Just because the decree awards the...

    5 lawyers agreed with this answer