Parents sharing joint legal custody, now referred to as joint legal decision making, must reach agreements regarding major life decisions affecting their children. Each parents rights and responsibilities in communicating about reaching agreements regarding these decisions are outlined in a court ordered parenting plan. Disagreements between parents regarding these decisions are often resolved through mediation or through the use of a third person, usually referred to as a parenting coordinator. In Arizona the law is that it is consistent with the child's best interest, the court shall adopt a parenting plan that provides.
Both parents to share legal decision making regarding their child. New custody law encourages but does not mandate equal parenting time additionally the same section of the statute provides that the court shall not prefer a parents proposed parenting plan because of the parent or the child's gender. It is always best if both parents can decide custody for the best interest of their children, however, if not able to do so the court will enter orders either joint or sole legal decision making at the time of trial. Presently there.
Is a greater emphasis on parental responsibility as well as parental rights. There is a presumption however that joint legal decision making is not in the child's best interest if one of the parents has committed an act of domestic violence, abused drugs, alcohol or has been convicted of any drug offense within the last twelve months, before the petition was filed. the most compelling factors the court must consider when deciding legal decision making and parenting time in Arizona include the children's relationship with each parent and any siblings, the children's adjustment to each parents home, schools and the community.
Each parent resides in. Another factor is the wishes of the children, but only if the child is of a suitable age and maturity to make such decisions. The mental and physical health of all individuals involved in the family and the children residing in the home, it also includes which parent is more likely to allow the children frequent, meaningful and continuing contact with the other parent. The court also weighs any domestic violence, child abuse and child neglect issues as well as any intentional misleading of the court by either parent to cause unnecessary delay, increased cost of litigation or to attempt.
Child Custody and Legal Decision Making in Arizona
Arizona no longer uses the term custody to define a parents rights to make decisions for their minor child, rather, Arizona uses the phrase legal decision making. Legal decision making is the legal right and responsibility to make major, nonemergency legal decisions for a minor child including those in the area of education, health care, religious training and personal care. Legal decision making is not a schedule during which a parent exercises parenting time. It is important to note that emergency decisions are always made by the parent who is in physical possession of the child at the time of the emergency. Legal.
Decision making is determined based upon the best interest of the minor child after considering a number of statutory factors including but not limited to the past, present and potential future relationship between the child and the parent, the interaction and interrelationship of the child with the child's parents, siblings and other persons who may significantly affect the child's best interest, the child's adjustment to home, school and community, if the child is of a suitable age and maturity, then the wishes of the child, the mental and physical health of all individuals involved, which parent is more likely to allow the child frequent.
And meaningful continuing contact with the other parent, whether there has been an act of domestic violence or child abuse. In the majority of cases parents will have a joint legal decision making award, that means that both parents shall have the right to make major decisions for the child and neither parents rights or responsibilities will be superior to that of the others. Under certain circumstances, the court may determine that sole legal decision making is in the best interest of the minor child and award only one parent the right to make those legal decisions such an outcome typically occurs when there.
What is Custodial Interference Arizona Family Lawyer
Hi i'm David Cantor with the Law Offices of David Michael Cantor and the Cantor Law group. Today I'm going to talk about Custodial Interference. In Arizona, the definition states that Any person who takes a child without lawful authority or permission, or if one parent takes a child before court orders are issued, meaning divorce paperworks been filed but the orders aren't in yet or if there's joint custody and one parent withholds a child in violation of the court order, this would be like to an outofstate vacation that's.
Extended without permission. Then they can be charged with Custodial Interference. Now the punishment. If the person who takes a child is not the parent, then they're facing probation with zero 0 days in jail up to one 1 year in jail, or prison of two 2 years up to eight point seven five 8.75 years. If the person is a parent and they took the child out of state than they're looking at punishment for probation with zero 0 days in jail up to a 1 year in jail, or prison of one1 to three point seven five 3.75 years in prison,.
And if the person is a parent took the child but they're instate then they're looking at probation with zero 0 days in jail up to a 1 year in jail or prisoner of four 4 months to two 2 years in prison. All of these are very serious, we see these happen all the time when there's a custody battle going on either in a divorce or just a custody paternity action. The defense's to this charge, the defenses are one I didn't know the order was there, I thought I had permission, I talk to somebody else,.
There's lots of ways that there's mistakes at fact that are made. One of the other defenses, is what's called Best Interests and Safety of the Child This means let's say the dad is a meth user who's an alcoholic and the mom fears for the children, takes the child and says look i'm not going to return the child, he's on a bender again. Then we can show wait a second, this was in the best interest and safety of the child we can also show if there's past domestic violence that the supplies or currently.
Domestic violence ongoing or if there's any child abuse going on whether it's actual abuse with the child in a dangerous situation such as a meth lab or small trailer where drug users are coming over, anything of that nature. We're going to look to defend these charges, these are actually highly defensible charges that are overcharged all the time because oneparent is using it as a bargaining chip against the other parent. if you go to our victory section you'll see that we win these all the time. Now if this situation applies you, a.
How to Get Custody of a Child in Arizona Phoenix Family Lawyer
Hi I'm David Cantor with the Cantor Law Group. A lot of times people ask us, How do you get custody of a child What what you need to do is file what is known as a petition to establish custody. Now i'm using the word custody, it's changed in arizona recently to parenting time, but everybody still calls a custody. Once you establish that the courts will take you through certain checklists on what is in the best interest of the child to established custody. There's also a second issue, sometimes you have to file a petition to establish paternity.
That is what you file first if a child is born out of wedlock, this is obviously for the father, the mothers fairly clear that she had the child. So father would have to establish paternity first, once paternity is established, then you'd go through parenting time or child custody where you go to the judge and you say look, here's the hours I work, the time I put in, the education educational needs of the child, the religious needs of the child, and the judge will look at a bunch of factors when deciding who gets custody.
And for how long. In arizona something new happen as of January 1st, 2013, it used to always assume the primary caregiver, which is usually always the mother, had the majority of the time, where the day would get every other weekend. Well that all changed, now they're trying for fiftyfifty regardless of who the primary caregiver is. So that means even though dad a working dad, if he wishes he can get fifty percent custody and that means he'd obviously have to pick up the kids afterschool, or have daycare arranged, then he'dcome home and be with the kids at night, more responsible.
Child Custody and Support During an Arizona Divorce
Chris Hildebrand of Hildebrand Law. I'm an Arizona Divorce Lawyer. I've been practicing divorce and family law in the state of Arizona for over 20 years. One of the common questions I receive from clients or potential clients regarding the Arizona divorce process is, when does a court decide the important issues of child custody, child support or alimony , sometimes referred to as spousal maintenance. Either party in a divorce case may file what's called a motion for temporary orders requesting that the court issue temporary orders regarding custody and support prior to the entry of the final divorce decree. If either party.
Files a motion for temporary orders, the court will typically set a hearing on that motion for temporary orders within 30 to 60 days of the date that the request is made for those orders. If neither party requests temporary orders in the case, then those issues will be decided at the final trial of the case. The court will issue determinations regarding child custody, it will award child support, if alimony and spousal maintenance is appropriate, it will also award those amounts and can actually, retroactively apply the child support and.
Custody Of Children During A Divorce
Hi, I'm Chris Hildebrand of Hildebrand Law. I'm a family law attorney in the state of Arizona. I've been practicing family law in Arizona for over 20 years. One of the common questions I hear from clients regarding the Arizona divorce process is, which of the two spouses has custody during the divorce process. If neither party has filed a request for temporary orders and the court has not already issued orders for custody or parenting time between the two parents, the law provides that each parent is equally entitled to the custody,.
Care and control of their children. That doesn't mean necessarily mean that each parent is entitled to equal parenting time. It just means that one spouse doesn't have superior rights to custody or parenting time with the child than the other parent. Of course, if there's a dispute between parents, the parties should either resolve that dispute amicably through a settlement, or they should present the issues to the court at a temporary orders hearing. Some more definitive custody orders and parenting time arrangements can be made. If you have any other questions regarding who has custody of children during an Arizona.
Difference Between Arizona Divorce And Legal Separation
Hi I'm, Chris Hildebrand of Hildebrand Law, I am a family law attorney and I have been practicing family law in the state of Arizona for over 20 years. 'What's the difference between a divorce and legal separation In both types of cases the court is required to fairly and equitably divide your debits and assets. If the parties have children together that are minors the court has to enter custody and parenting time orders and child support orders that are in the best interest of the child. The only difference between a divorce.
Arizona Paralegal Service LegalPapers Legal Document Preparation Divorce, QDRO, AZ CC
Discover LegalPapers. Professional legal documents for your legal matter. Visit legalpapers today! Is the legal process overwhelming Cost of attorney's fees too high We can help. Our experienced paralegals have been working in the legal field since 1988. We are certified by the Arizona Supreme Court to prepare legal documents for Arizona legal matters. We prepare legal documents for a variety of legal matters, including divorce, child custody, child support, visitation. civil litigation or even preparation of a will or trust. You may also hire us to perform a complete package.
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Petition for Divorce with Custody, Parenting Time Child Support Arizona Paralegal CC
If you are filing for divorce in Arizona, the first step is to file a Petition for Dissolution. There are differences in the type of petition you file, based upon the criteria of your case, whether you have an Arizona Covenant Marriage or NonCovenant Marriage. The allegations in the petition for each type of marriage vary based upon the criteria in the Arizona Revised Statutes. Also, the petition varies whether you have children or do not have children. If you have children, the court will also make orders regarding custody, parenting time and child support.
The petition must allege the proper criteria for the court to make a custody determination, as well as the elements for an award of spousal maintenance, also commonly known as alimony. Our paralegals can assist you with the preparation of your divorce documents from the beginning to the time of the entry of your Decree of Dissolution, even if your divorce is contested. If your divorce is uncontested, we can help you prepare a Consent Decree memorializing your agreement and you will not have to go to court. We submit the paperwork to the court, and the judge will review it without a hearing!.
Sole Custody of Children in Arizona
A parent granted sole custody, now referred to as sole legal decision making has the authority to make final decisions regarding the major life decision affecting the parent's children, such as where the children will attend school, the healthcare the children receive and the extracurricular activities the children will participate in regardless of the opinion of the other parent. The other parent is still entitled to obtain information regarding his or her children's performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody.
Means the right and responsibility to make decisions for children, barring any specific court orders to the contrary sole legal decision making provides one parent to make the final decision on big day to day decisions for the children's care and welfare without consulting the other parent, including education, medicine and religion. Examples where the court may award sole legal decision making would include those times where you have drug and alcohol abuse by one parent to the other, substantial child neglect or abuse claims or convictions, domestic violence where the children were present, harmed or endangered, as well as.
Child endangerment including DUI's while having the children in your car. The visitation parent is expected by the court to conform to big decisions by the sole legal decision making parent in all day to day decisions when children are with him or her. The exception to that would be private school. A sole legal decision making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.
School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records, those records are available through the sole legal decision making parent or from the provider of the service, except in cases where courts find giving one parent access to records creates a danger to the children. If you're in need of a professional and experienced attorney to represent you in your children's best interest, in any family law matter, please call Alan Cochran at Hildebrand Law, PC at 480 3058300 to schedule an appointment.
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