Hi my name is the Stacy Roberts and I am anattorney here at Long Okura. If you’re going through a divorce proceedingor any proceeding where children are involved there’s a few things you shouldknow about child custody. First of all there are two differenttypes of custody that can be awarded in your case. There is Physical Custody and LegalCustody. Physical Custody is where the childrenspend the night. If you are awarded sole physicalcustody it means the children are with
you for the majority of the overnightsin one year. It means you have twothirds of those overnights. If joint physical custody is awardedit means the parents are splitting these overnights and they’re with each parentequally or the parents have at least one hundred and eleven overnights each year. There is also legal custody and this regards who makes the majordecisions in a child’s life regarding religion, education, residence
and any major health issues. Sole legal custody means that one parentis making these decisions but they’re communicating these decisions to theother parent. Joint legal custody means the parentscooperate and decide together in any of these majors decisions for a child. In your decree or any final documentthere should be how these final decisions will be made if there is anydisagreement. Whether you’re going to go to mediation to decide or if oneparent is going to be the default
decision maker. When a court is making the decision onthese custody matters they look at several different factors in a child’slife. The most important is what is in thechild’s best interests. They also look at who has been thehistorical primary caregiver for the child, any current arrangements or status quothat has been reached in the case, if there are siblings involved, if specialbonds have been created with the parent,
what are the the moral character andemotional stability of each parent, the situational stability of a parent, also how much time does the parent haveavailable to spend with the child. Any significant impairments of a parent mayalso be taking into consideration, but disability is not a factor when thecourt is deciding. If any parents has relinquished custody or hasnot been involved in the child’s life the court will also take this intoconsideration. In summary there are two types of childcustody: physical custody and legal
custody. There’s also various factors thatthe court will take into consideration in awarding these different types ofcustody. If you have any questions please contactLong Okura and setup an appointment with an attorney so we can tell you which factors maybe mostimportant in your case..
Rights of an Unmarried Father in Arizona
If you and the mother of the child are notmarried, fathers or guys, you do have rights. There’s a little bit more of a process thatyou have to go through, it’s not presumed that you are the father just because you mighthave had an intimate relationship with the woman who is either with child or is pregnant.What she would need to do is actually, it’s very similar to if you were married. But thenumber one thing that you have to do first is, you have to file a petition to establishpaternity. What that means is that you would either have to submit to a DNA test, or it’spossible that you’re on the birth certificate, but it’s actually a very simple process. Ifthe mother of the child simply just admits
that you are the father of the child, youcan kind of just go over that presumption, and they will grant that as you being thefather of that child. Also, on the flip side, if a woman comes toyou, and says, quot;Hey, this is your child, and you need to start supporting it,quot; they alsohave to establish paternity. So, you could ask for a DNA test, and then, usually whatwill happen is, you could also ask for the failing party of the DNA test. So, if youwant it to be your child and she doesn’t want it to be your child, or she wants it to beyour child and you don’t want it to be your child, whoever is the nonprevailing partyusually would have to pick up the fees and
the costs associated with that DNA test. Butafter that, and after the DNA test is done and it is proven to be your child, there’sthe same areas of law and same areas of rights are established. There is legal decisionmaking,parenting time, and child support. Now guys, I’ve had quite a few clients who… The mothershave come, and the children are already grown up a little bit so, if there is a child whois of significant age but still under the age of 18, they could still try to establishthat paternity, and try to get you for child support. The good news is, though, that theycan only get you for three years of that child support. So, hopefully that doesn’t happento you, but it is possible. Those are your
rights, you do have rights if you’re married.Here’s the thing though, guys. If you are not married… It’s kind of, both, if you’remarried or you’re not married, until there is a court order in place, it’s kind of thechild… The parent who’s holding the child can, kind of, dictate and doesn’t necessarilyhave to give you parenting time, so if you and the mother of the child are not gettingalong, it is good to get some kind of court order in place if you’re not at an amicableplace..