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Divorce Mediation Checklist

How Does a Legal Separation Work

Divorce mediation is a great way to reduce the pain of the divorce process but both spouses have to be honest and of course, it requires full disclosure from both parties to be successful. Although there may be many issues to tackle, some of which may seem overwhelming, this checklist will help you through the divorce mediation process. Download the Divorce Mediation Checklist PDF

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Listing Your Assets

  • ❒ Gather relevant bio info for both parties. For example, the names, addresses and contact info for both parties. As well as the date of marriage, employment records and the gross annual income for each party.
  • ❒ The names and dates of birth of all the children you have together and whether they are over the age of eighteen or not.
  • ❒ Up to date statements for all bank, savings, checking, money markets, and CD accounts. Figure at least 12 to 24 months of statements.
  • ❒ Up to date statements for all bank accounts relevant to your child or children such as 529 plans, CD’s or college saving accounts.  The most recent statements are usually sufficient.
  • ❒ Up to date statements for all bond and stock investments.
  • ❒ List all your vehicles with their Kelley Blue Book value as well as the model and year of the vehicle.
  • ❒ List any lawsuits you have pending where you and/or your spouse are listed as plaintiffs.
  • ❒ Outstanding loan statements or a list of verbally made promises to repay loans where one or both parties are creditors.
  • ❒ Outstanding statements listing all the retirement accounts owned by each party. Examples would include 401 (K)’s, 457’s, 403(b)s, company pension plans, traditional and Roth IRA’s. SEP IRA’s and TIAA-CREF. In certain circumstances, they may need a valuation performed by a professional actuary to ascertain their current market value.
  • ❒ A statement listing employment-related benefits. For example incentive, stock options, golden parachute plans, and cash balance.
  • ❒ Appraisals stating the current market value of real estate individually or jointly owned. This would include, vacation homes, the primary residence, investment properties, timeshares, vacant real estate.
  • ❒ A list of personal properties in the home (or homes) as well as artwork, jewels, antiques or other objects that have a large financial value. It may be the case that special professional appraisals are needed if the value of items cannot be agreed upon.
  • ❒ The current market value of any businesses owned by one or both parties.

Listing Your Liabilities

  • ❒ Statements showing the current balances for all the mortgages, lines of credit or home equity loans for any properties that are individually or owned by both parties.
  • ❒ Motor vehicle loan balance statements held by both parties.
  • ❒ Student loan balance statements held by both parties.
  • ❒ Outstanding loan statements or a list of verbally made promises to repay loans where one or both parties are debtors.
  • ❒ Credit card balance statements for both parties.
  • ❒ All the information regarding civil lawsuits that are pending where one or both of the parties are named as defendants.

Income Details

  • ❒ Six months of income statements and/or pay stubs for both parties including 1099 and W-2 employment details.

Tax Details

  • ❒ Three years of federal and state tax returns and all of the relevant 1099 and W-2 statements.
  • ❒ If one spouse or both together had or have a business, three years worth of corporate tax returns.

Insurance Details

  • ❒ Life insurance policy declaration sheets for all of the policies held by both parties, including a statement expressing the value of cash surrender of any universal life or whole insurance plans.
  • ❒ Disability policies listed with their declaration sheet held by both parties.

Other Needed Documents

  • ❒ Marriage certificate copy.
  • ❒ Trust document copies.
  • ❒ Copies of wills that have been executed during the course of the marriage.
  • ❒ Copies of statements regarding pre-marital agreements, marital agreements or statements regarding pre or post-nuptial agreements.

If you have reasons to question the validity of the information the other party has provided you can raise those issues during the divorce mediation sessions. Rest assured it will be handled in a manner that is not confrontational, fair and will take into account the viewpoint of everyone. By collaboration and mediation, both parties would have pulled together all the information regarding your estate, usually in just a few weeks – as long as the information provided to the mediator is complete and accurate as it can be.

Source:

Pastore, Cris. “Get Ready for Divorce Mediation – A Complete 30-Item Checklist.” Get Ready for Divorce Mediation – A Complete 30-Item Checklist, www.mainlinedivorcemediator.com/healthy-divorce-blog/bid/107374/get-ready-for-divorce-mediation-a-complete-30-item-checklist.

See Also

Divorce Checklist 

Divorce Consultation Checklist

Amicable Divorce Checklist

Need a Divorce Mediator in Scottsdale?

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We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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How To Get Emergency Child Custody In Arizona

You may need to seek emergency child custody in Arizona (also known as legal decision making) when a situation threatens your child or children’s well-being. There are a specific set of guidelines you will need to adhere to in order to obtain emergency child custody in Arizona.

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What Is an Emergency Child Custody Order?

A temporary order or emergency child custody order temporarily grants one parent or the other sole physical and legal custody for the child or children in question.

The order gives all the power to make decisions to the person or party who has the physical custody of the child or children for a limited amount of time until the court can hear the full case. Normally, the court only advances these orders into place when the child or children is facing potentially irreparable or significant harm.

Is Emergency Custody Something I Qualify For?

Emergency custody is not easy to obtain because the burden of proof must be carried by the person or party who petitioning for the temporary order.  The chances of obtaining emergency custody orders are exceptionally low, and you should expect to lose your motion.  Most judges will deny the initial ‘emergency’ motion for custody orders and instead set the matter for a normal hearing schedule where both sides can brief the issues and present live testimony at an evidentiary hearing.

Therefore, it is important the petitioner presents evidence that is substantial in order to document the situation to show it is a true emergency. This is where the services are of a family law attorney can be invaluable. Filing for temporary custody orders is not something you should take lightly. However, it is certainly a valid option if you think a child or children are at risk of imminent bodily harm or the welfare, safety, and health of a child or children is in serious jeopardy.

Another qualifying factor is you must also be concurrently filing a petition that would change the custody of the child or children. For example, a concurrent parenting time modification request, paperwork for a divorce or a change in legal decision-making responsibilities. The paperwork may already be pending, or it can be filed at the same time as your motion for temporary orders.

Penalties For False Claims

All filings to the Court are filed under penalty of perjury.  Petitions to the court are considered to be very serious by the court system. Frivolous filings will result in short-shrift from the system if there is not a genuine emergency. It is not acceptable to file a motion on the grounds that you may just be mad at the other parent. Indeed, the judge may find you in contempt of court and order you to pay the court costs as well as the costs and legal fees the other party has had accrued if the reason for the petition turns out to be false or unsubstantiated.

What Is The Length Of Emergency Child Custody In Arizona?

If your motion for temporary custody orders is granted, the order will only last until the court can schedule a more lengthy hearing that will decide custody on a more permanent solution.  While courts will usually host the next hearing within 30 days, and sometimes as quickly as 2 weeks, depending on the availability of the Court. See Title 25-404 for more details.

Guidelines For Filing For An Emergency Custody Order Of A Child Or Children In Arizona

In Arizona, there is a rule known as “Rule 48.” The rules say if two conditions are met, emergency custody of a child or children may be granted without the need to notify the other party. The two rules are:

  1. The person making the emergency custody request or the child or children may be at risk of harm if notice is given to the other person.
  2. There have been unsuccessful attempts at giving notice.

Temporary Filing Custody Steps

1. Filling Out The Paperwork

You can obtain the forms and instructions for filing them in Maricopa County here.

When you read the paperwork, it will clearly explain why the order is needed and to explain why there is an emergency situation. You do need to make sure this situation is truly an emergency before proceeding – you have to include as much evidence and factual detail as you possibly can. During this process of assembling facts to prove there is an emergency, the assistance of an attorney can be very important.

The form must be signed and dated in front of a notary public. You will be able to take care of this at the court.

2. Copy The Paperwork

All told you will have four copies of the paperwork. The original that you keep and three copies that you leave behind with the Clerk of Court after you file.

3. Filing The Papers At The Court

Take the four copies of your paperwork to the clerk of the court. You can use this website to find out where your paperwork must be filed or if you need to ask further questions regarding the process.

What Takes Place In A Hearing For Emergency Custody?

The court will usually schedule the initial hearing with very little delay – often without the other parent being present. You will have to present the evidence you have been able to gather and present it under penalty of perjury. Examples of this can include:

  • Photos
  • Sworn statements
  • Testimonies from agencies such as Child Protective Services
  • Medical Records

The judge will have to decide if there is sufficient evidence and if so, they will then issue an emergency order. The order will stand until a follow-up hearing where the other party is able to present evidence that defends against the allegations made against your evidence. This timeframe will differ from court to court depending on how busy the court dockets are.

Resources:

Sources:

“How Do I Get Emergency Custody In Arizona?” Arizona Legal Center, 5 Nov. 2018, arizonalegalcenter.org/emergency-custody-arizona/.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and we always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianship, child relocation, fathers rights, grandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will fiercely represent you, so you can get on with your life. Call today for an initial consultation 480-744-7711 or [email protected]

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody, Custody Terms, Custody Tips
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Grounds to Deny a Father Visitation Rights

The old tradition of one parent having physical custody and the other parent having visitation rights still exists today, but many courts are moving toward joint custody arrangements after divorce. This is especially true while your divorce is still ongoing and if one parent has moved out of the marital home – judges don’t like to upset a child’s present situation needlessly, so the parent who moves out might end up with visitation rights instead of joint custody until the divorce is finalized. Under certain circumstances, a court may deny visitation, but a custodial parent cannot do so on her own.

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Court Grounds

Courts seldom deny visitation entirely, if at all, particularly in a provisional order while a divorce is still pending. Visitation may be denied after a trial during which custody is litigated as part of the divorce, but this would typically be the result of critical circumstances. As an example, in the state of Illinois, the statutes state that a parent has a right to acceptable visitation unless it can “endanger seriously” the child, either physically, mentally, morally, or emotionally. The appellate court in Illinois ruled in 1987 that even sexual abuse of the child was not grounds for denying visitation to a non-custodial parent since the court hadn’t adequately established that the abuse happened. Grounds for an absolute revocation of visitation must typically be grievous and verifiable beyond a doubt.

Supervised Visitation

Even though the courts are slow to deny visitation overall, they’re more inclined to order supervised visitation when contact with a parent might jeopardize the child. Supervised visitation includes a 3rd party being present to watch over the contact and protect the child if needed. California courts are willing to order this type of agreement for different reasons, especially regarding a likelihood of parental kidnapping, a drawn-out estrangement between child and parent, or in domestic violence cases. Illinois courts have arranged supervised visitation if the parent suffers from a type of mental illness, and Alaska will order them in cases of domestic abuse, but only if the parent has taken steps toward recovery. Alaska is a state that will refuse visitation when a parent has a domestic violence record.

Custodial Parents’ Rights

If you have major concerns in regard to your child’s safety, you’re not helpless. You can deny visitation on an individual basis due to an emergency, but you may need evidence to safeguard yourself from contempt of court charges if you do. As an example, if your spouse comes to pick up your child for visitation and he’s clearly been drinking, you don’t have to let her to get into the car with him. However, you should call the police, so you will have a record of the occurrence that you can later provide to the court when you voice your concerns, whether at a temporary hearing or included in your divorce trial. Even though you don’t have grounds to deny visitation completely, you can petition the court and ask a judge to do it for you. The burden of proof is always on you to establish that visitation is likely to harm your child, so you’ll need testimony and records of incidents that threatened your child’s well-being and welfare when she was in your spouse’s care.

Rehabilitation

Even if the court arranges supervised visitation or is denied in your divorce decree, it doesn’t mean the circumstances will never change. A lot of states will allow a parent who has been denied visitation to restore his rights through effective parental rehabilitation. This may include anger management classes, drug or alcohol abuse therapy, or other intervention plans. As you can request the court at any time to stop visitation, your spouse can request to re-establish it if he can prove good cause.

Can Arizona Court Deny a Father Visitation Rights?

What Are Some Common Reasons a Parent Is Denied Visitation Rights?

When two parents are separated or divorced, the custodial parent occasionally prevents the non-custodial parent from employing his or her child visitation rights. If you are a non-custodial parent that has been denied visitation rights that you once had, there are some simple reasons why you were denied your visitation rights:

  • You’re a non-custodial parent and are not paying child support
  • Objection of other parent’s relationships, like a new mate
  • Drug and/ or alcohol abuse
  • Incarceration due to child abuse
  • Abduction fears
  • Religious belief differences
  • Child’s desires

If there is a custody order in effect, denying visitation is illegal and can have serious legal consequences for the parent who refuses visitation. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. This is only allowed in exceptional circumstances.

Sources

ARS 25-414 Violation of Visitation and Parenting Time Rights.” Stewart Law Group, https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-414-violation-of-visitation-and-parenting-time-rights/

Bird, Beverly. “Grounds for Denying Visitation Rights.” LegalZoom Legal Info, 21 Nov. 2017, https://info.legalzoom.com/grounds-denying-visitation-rights-26246.html.

Speak With Our Father’s Rights Attorneys In Scottsdale

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Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Deny Visitation, Deny Visitation Rights, Fathers Rights, Fathers Visitation Rights, Visitation Rights
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How Can a Father Prove a Mother Unfit?

Judges see parental fitness as an essential part of a child custody decision. Deciding what is in the best interest of the child factors in looking at the standing of the parents. If one of the parents is more stable than the other, judges can choose to award sole custody (sole legal decision making) to the more stable parent. And as a result, parental suitability is often instrumentally used in custody battles. Each state has its own set of rules as regards to what makes an unfit parent. Despite that, there are some generally accepted grounds that a parent can use to prove that the other parent is unfit. These include neglect, mental illness, abuse, drug or alcohol abuse and incarceration.

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How Do I Find a Father’s Rights Attorney Near Me?

If you are in the Scottsdale area, our Father’s Rights Attorneys can help! Our Child Custody lawyers will address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

1. Research the Criteria for Your State

Research your state’s statutes to find the criteria to deem a parent unfit. Usually, these statutes are found in the family or juvenile codes. Visit your states court website or other online service providers to find the requirements for your state.

2. Collect Evidence to Prove the Mother is Unfit

Collect evidence proving that the other parent is unfit. Evidence that can be submitted in court can include pictures, video and/ or audio files of verbal physical or abuse, recorded medical files that document injuries, the parent’s criminal history and direct communication between the petitioner and the other parent. The evidence needs to be strong and impartial. Courts are inclined to protect the parent-child relationship and will not rule a parent unfit without substantial and hard evidence.

3. Schedule an Appointment with Medical and Mental Health Professionals

Schedule an appointment with medical and mental health professionals for an evaluation of your child. Depending upon any current custody (legal decision making) requirements, this step may need to wait until there is a court-ordered evaluation. In certain cases, the consent of each parent may be necessary for such evaluations.

4. Locate and Download your Appropriate State Forms

Locate and download the appropriate forms from your states court website or another online document provider. State child custody laws have strict rules in regard to what court holds jurisdiction over such matters. You will need either a Motion to Modify Child Custody order or a Petition for Custody form, depending on if there is already an order currently in place or not.

5. Fill Out the Forms

Fill out and complete the forms. Enter the information that includes parental contact information, any related court cases, the child’s name, birth date, and current living situation and the reason for petition or modification. Include the grounds for their unfitness and the evidence collected to back up your claim. Sign the form and make sure to make a copy for your records.

6. File the Forms with the Appropriate Court

File the forms and any attachments with the correct court. Review your state regulations to find out whether this will be a family or juvenile court in the county where the child lives or some other type of requirement. Jurisdiction over child custody cases will vary from state to state. If it is a petition for revision, file the papers where they were originally filed. The clerk will then assign a case number.

7. Have the Documents Served to the Other Parent

Have the documents personally served on the other parent by a licensed process server. Go over the service of process rules for the appropriate court. Service rules differ by their jurisdiction, but typically requires in-person service by a law enforcement agency, a private process server or an adult over 18 and that is impartial to the suit. Provide proof of services form for the individual to complete. Deliver the proof of service form back to the court clerk.

8. Go to the Hearing and Explain Why you Requested the Hearing

Go to the hearing. Explain why you are requesting the hearing and provide an explanation for the petition. Make sure to be concise and clear. Produce original copies of the evidence proving your unfit parent claim. Bring the original copies of the evidence you collected against the parent that backs up your claim. This will include any witness testimony, medical or school records validating your claim that the parent is unfit and that it’s not in the child’s best interest to remain in her care. After hearing both sides, the court might rule or order a child custody evaluation. The evaluation will include a comprehensive review of both parents and the child. The evaluator is an impartial party who will evaluate each home environment, interview friends and family and schedule psychological testing for everyone involved.

9. Participate in the Child Custody Evaluation

If necessary, participate in the court-ordered child custody evaluation.

10. Attend the Hearing

Attend the hearing for the judge’s ruling.

Source:

Stevens, Alisa. “How to Prove a Parent Unfit in Child Custody Cases.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/prove-parent-unfit-child-custody-cases-21345.html.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

How Can a Father Get Full Custody?

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Speak with Our Father’s Rights Attorneys in Scottsdale

(480) 744-7711
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Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody, Father's Rights, Fathers Custody Rights
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How Can A Father Get Full Custody?

In 2013, new statutes and child custody laws were introduced by the Arizona Legislature. From January 1 of that year, some popular terms (still frequently used) were changed. In our article, there are still references to the more popularly used terms. For example, the terms, “child custody,” “sole custody”, and “joint custody” became “legal decision making”, “sole legal decision making” and “joint legal decision making.” This new statute also changed “child visitation” to “parenting time.”

This means parents now get “sole legal decision making” with “parenting time” rights. or they may get “joint legal decision making” and “parenting time.” “Sole legal decision making” may be given by a court to one parent – so that parent, for example, can be responsible for making major decisions regarding the medical care of the child – at the same time, the other parent has “sole legal decision making” giving them authority to make educational decisions for the child or children.

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How Do I Find a Father’s Rights Attorney Near Me?

If you are in the Scottsdale area, our Father’s Rights Attorneys can help! Our Father’s Rights lawyers will address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

Can A Father Get Full Custody In Arizona?

Generally speaking, most courts will prefer that both parents share child custody (legal decision making). However, there are some situations where a court might grant full custody to the father. But, you should be prepared for a child custody battle if the mother is also seeking sole legal decision making.

It is understandable to procrastinate from filing because of concerns with child custody. Custody laws in Arizona are applied by one judge, not a jury, who will make a determination if joint custody or sole custody will be awarded to the parents of the child or children. The initial step in this process is accepting that you are filing for divorce or responding to a petition for a dissolution of marriage is to examine the various scenarios that can arise with child custody and developing an understanding of child custody laws in Arizona. From that point, you can then make a determination as to how you may be able to win full custody of your child or children and know how you can prepare for the upcoming child custody case.

Getting Full Custody In Arizona

Under child custody laws in Arizona, sole custody is now known as “sole legal decision making” – meaning one person has the sole legal custody of the children or child. This specific individual has the responsibility for making major decisions regarding the care of the child or children for medical care, academics, religion and personal care (e.g. tattoos, piercings).

Arizona child custody laws permit both parents having input into issues that arise but the designated parent (by the court) is the “sole legal decision maker” and makes the final decision if both parents cannot come to an agreement. Child support and legal decision making are totally unrelated under Arizona law. Obtaining sole custody of the child or children does not alter the obligation of child support – that is decided (in part) by the amount of time you spend with your child or children. What are the chances of a Father Getting Full Custody?

Joint Custody vs Sole Custody In Arizona

Under Arizona law, there is no legal presumption favoring one parent or one gender. This means the court often decides both parents should make decisions 50%/50%.  In these cases, “Joint Legal Decision Making” means both parents share the important decision-making for the child or children on an equal footing. In turn, most courts will view a 50%/50% “Equal Parenting Time” arrangement the most common solution for most divorces.  The physical custody (including control of the child or children) are equally distributed between the parents holding joint physical parenting time or on some other agreed schedule of parenting that best serves the interests of the child or children.

It is understandable for people to be concerned about the outcome of the case when they are in the middle of the divorce process. Obviously, one of the most significant disputed issues is child custody. However, once you understand the kinds of custody the court may consider- it is vitally important to recall the law has no preference to a single form of custody over another. Neither does the court prefer one parent ahead of the other because of the gender of the parents.

What You Need to Prove to Get Sole Custody

Sole legal decision making, or sole legal custody, sometimes known as full custody will be considered when it is in the best interests of the child or children in Arizona. You can file for sole custody when you think joint custody is not appropriate for your situation. If sole custody is granted by the court, it would mean you have the authority to make all post-decree decisions regarding educational, religious and medical issues for the child or children concerned in the divorce.

Here are some reasons the court may grant sole custody:

  • History of child abuse
  • History of alcohol or drug abuse
  • History of domestic violence
  • History of and current mental health problems.
  • Criminal history.

When your spouse has any or all of those issues, you may want to think about a request for the sole custody of your child or children. Taking into account the best interests of your child or children, the court will then make a determination to decide whether to award sole custody. Read more about how to get custody of a child in Arizona.

Source:

  1. How to Get Sole Custody in Arizona | Hildebrand Law, PC.” Scottsdale Arizona Family Law & Divorce Attorneys, www.hildebrandlaw.com/child-custody-laws-in-arizona-2/how-to-get-sole-custody-in-arizona.aspx.
  2. Rau, Alia Beard. “New Child Custody Law Begins Jan. 1.” Azcentral.com, 25 Dec. 2012, archive.azcentral.com/news/politics/articles/20121220new-chidl-custody-law-january.html.

Speak with Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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Arizona Breastfeeding Laws & Visitation Rights Breastfed Babies

If you are searching for Arizona breastfeeding laws or visitation rights for breasfed babies, this article might help. A recent news article about a judge ordering a breastfeeding mother to switch to baby formula to facilitate visitation for the father has reinvigorated an old debate. In a custody hearing in Maine, a father petitioned that his visitation rights were being violated because the mother is still breastfeeding the child. The estranged couple has a six-month-old baby that the mother is still exclusively nursing. The father wants overnight visitation rights on the weekends, but the mother refused on the account that she needs to breastfeed the baby.

The mother claimed that she couldn’t pump enough breast milk to arrange bottle feeding the baby when the infant is the father. So she claimed that the baby should be with her on the weekends. The magistrate court disagreed.  In the custody hearing, the judge sided with the father and said that keeping the baby for breastfeeding is “not a reason to prevent [the father’s] visitation,” and it could be “considered deliberate alienation” of the father. The court recommended overnight visits that would have the baby fed formula milk.

There are some other details to the case, but the core argument involving nursing mothers’ and fathers’ visitation rights has been percolating for some time. Pediatricians recommend breastfeeding babies for up to 12 months. There’s ample scientific evidence to suggest that babies should be breastfed to ensure their health and psychological well-being. The court cannot dispute these biological factors. However, when arranging parenting time for estranged spouses with infants, breastfeeding could become a hot-button issue.

While the case was adjudicated in a different state, it’s a common question that pops up in family court in Arizona as well. Arizona does not have specific laws with regards to how to handle parenting time for a breastfeeding child. In most cases, babies are kept with mothers so they can nurse on time. If the father wants to visit, then the visits are arranged for two or three hours in a manner that doesn’t disturb nursing. However, these arrangements can change due to court recommendations on what’s best for the child.

Ideally, the best way to handle a father’s visitation with regards to a nursing baby is for the estranged parents to discuss parenting time civilly. It’s strongly advised to obtain Family Law help in Scottsdale to devise a sensible parenting time plan in accordance with court recommendations, parents’ wishes, and, above all, the well-being of the newly birthed child. Fathers who want to spend time with nursing babies should first discuss arrangements with the mother, possibly with the help of a third-party mediator.

Of course, not all estranged parents would be able to sit down together and come up with a neat parenting time plan. In that case, going to court will be the last solution. However, judges decide visitation rights for fathers with newborn babies on a case by case basis. It’s unlikely and rare that a mother would be ordered to switch to formula if she doesn’t want to or is somehow unable to. As the law is not clear on this, only your lawyer will be able to present you with the best legal solutions for the situation.  And you never know, the Arizona judge to whom your case is assigned may end up agreeing with the judge from Maine.

Arizona Breastfeeding Laws

Many mothers wonder about breastfeeding in public. First, it is perfectly legal to breastfeed in public. In Arizona, the law clearly says a mother is entitled to breastfeed her child in public and is not subject to indecent exposure laws.

A.R.S. 41-1443

“A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.”

A.R.S. 13-1402

“Indecent exposure does not include an act of breastfeeding by a mother.”

Your baby has the lawful right to eat wherever you are. Having an upset, hungry, crying baby will call more attention to yourself than breastfeeding your baby!

What clothing do I need for breastfeeding?

Nursing in public is easy. You don’t need a special type of clothes. You can wear a loose fitting shirt or top that you can lift from the bottom. When the baby latches, let the bottom of your shirt cover your breast. Your baby’s head and body will cover the rest. You can practice in front of a mirror until you feel more confident about nursing your baby in public.

Do I need to use a nursing cover?

Some mothers are a little more comfortable nursing under a cover, but you don’t have to. You can breastfeed at your discretion without a cover as described above, but it is fine to use one if it is going to make you more comfortable. Your local WIC clinic may be able to supply you with a privacy cover, or a lightweight baby blanket is also perfectly fine.

If I’m in a public place, where am I allowed to breastfeed?

You can breastfeed anywhere you are, like the corner market, dentist’s office, or even the drug store. If you feel uncomfortable and need privacy away from home, you can find a dressing room, a fast food restaurant booth, or a nursing/ lactation room that will give you the privacy you want.

What if someone complains and doesn’t approve?

If you are in a public place and asked to stop breastfeeding your baby, ask for the supervisor or manager in charge of the establishment. A lot of people are uninformed, but the manager should be able to educate their employees about breastfeeding. You should feel confident that your baby’s needs are being met and be proud that you’re breastfeeding and providing your baby with the nourishment he or she needs!

Source

  1. “Breastfeeding in Public: Making It Work!” ARIZONA DEPARTMENT OF HEALTH SERVICES, Arizona Department of Health Services , azdhs.gov/documents/prevention/nutrition-physical-activity/breastfeeding/breastfeeding-in-public.pdf.

Family Law Consultations in Scottsdale

(480) 744-7711
INITIAL CONSULTATION

The Canterbury Law Group should be your number one choice for when you need a family law attorney. Our experienced attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Divorce
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How to Move Forward After a Divorce

If the time comes when you’re face to face with divorce papers, it can be a difficult time. You entered into your marriage with the hopes that it would last forever. Whether you’ve only been together for a couple of years or a couple of decades, a divorce can happen at any point in a marriage.

Once you’ve made it through the divorce process, one significant question remains – what do you do now? Depending on what your situation is like, that will help answer that question. However, there are a few general points that can help out anyone who just wrapped up a divorce.

Here are some steps to take to help you move forward after a divorce.

1. Mourn the Loss

Even if the divorce was your idea and no matter how long you were together for, you want to allow yourself some time to mourn the end of the marriage. There was something about that person that you initially enjoyed being around, and that can be difficult to let go. Before anything, allow yourself to have some time and space to gather your thoughts and go through the different feelings you may have.

2. Learn to Be Yourself Again

You may read that and think that you know who you are and you’re okay. Learning to be yourself again is more than that though. It also includes working through your feelings and getting used to being by yourself once again.

Depending on how long you were married for, it may take more time than others to rediscover yourself. Spend some time reminding yourself of what you love to do. Maybe you and your friends used to go out all the time, or you had a hobby you forgot about over the years. No matter what it is, embrace what you’ve forgotten.  Create a new here and now and future.

3. Accept You May Be Different

If you found through your rediscovering yourself that you don’t enjoy the same things that you used to before your marriage, which is okay. Part of the process after a divorce is accepting who you are today and that things will be different.

4. Do Something For Yourself

When you’re in a marriage, you live life with someone by your side. Sometimes that can get to be too much and make couples go their separate ways. If there is something you’ve always wanted to do but never did in your marriage, take some time to do it now.

Going through a divorce is stressful. Carrying that stress with you won’t help with anything. So, do something for yourself that makes you happy. Maybe it was a trip somewhere around the world or an exciting adventure your partner never wanted to participate in. Whatever it is, do something that will make you happy.

5. Take Life One Day at a Time

No matter how you feel after your divorce, take things slow for a while. You don’t want to find yourself in a situation in which you realized you’re not ready and you’ve moved too quickly. Take some time to do the things listed above, and wait until you are genuinely prepared to move forward.

6. Don’t Be Afraid To Be Alone

Being alone doesn’t mean you will never see anyone or that you will be isolated. Your just not in a rush to be coupled up. Society accepts singles, sometimes more than couples. This will give you plenty of time to rediscover yourself and work on you!

7. Consider Dating Again

The best way to move forward after a relationship is to start something new. This could be the perfect time to start dating someone new. Move forward without thinking that the new relationship has to be a permanent one. Just have fun!

8. Take On New Roles

Your partner probably handled specific roles in the relationship but now it is up to you to take on all of the responsibility. Don’t look at it like extra work, look at it as a new and exciting venture!

Further Reading

Source

Shaw, Gina. “After Divorce: 8 Tips for Reinventing Yourself.” WebMD, WebMD, www.webmd.com/sex-relationships/features/life-after-divorce#1.

Canterbury Law Group

The Canterbury Law Group is an experienced divorce lawyer in Scottsdale. We can protect and advise you regarding: Divorce and property division, child custody, child support, child visitation, marital home and real estate matters, allocation of investments, retirement savings, and pensions, personal possessions, valuables, vehicles, closely help businesses, alimony and spousal maintenance, and debt division. To find out how our divorce attorneys can help your matter, schedule your initial case evaluation today.

Divorce Attorney, Divorce attorneys Scottsdale, Divorced Parents, Family Law help in Scottsdale
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Can I Travel Out Of State If I Have Joint Custody?

Travel is an enjoyable family activity, broadening the mental and physical horizon for adults and children. But it can be stressful following a divorce. Before traveling out of state with a child or children, you will need to get consent from the other legal guardians. Read on to learn how this can be achieved.

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May I Travel With My Children Out Of State Or Overseas?

The parenting plan or custody order should have a section covering how travel with a child or children is to be handled once you are divorced. There are generally two options:

  • The existing court order may not have a requirement that parents have to obtain permission from one another for out of state traveling.
  • The existing court order will have consent requirement provisions when parents wish to go traveling with their child or children either out of state and/or abroad.

It is an excellent idea to obtain permission from the other parent or guardian even if it is not required by the court order. If you have an agreement in writing, it may be of primary importance if disputes or disagreements rise their heads at a later date. In circumstances where you are unsure of the requirements contained in the court order, the best course of action is to seek the advice of a family law professional before drawing up any plans to go traveling.

Required Co-Parent Documentation

Creating a travel consent letter for the co-parent of your child or children is not difficult but does need to be accurate. Here are the essentials it needs to include:

  • Who is going to be traveling with the child or children
  • A list of the full legal names of everyone whose permission or consent is required
  • Primary and secondary phone numbers of everyone whose permission or consent is required
  • Ensure the document includes whether permission is for out of state travel or overseas travel
  • Make sure the letter states the destination or destinations you are visiting and when as well as other travel plans
  • Include full trip itineraries and dates

It is highly advisable all parents sign the child or children travel consent letter in front of a notary and get it notarized.

Traveling With Sole Legal Custody Of My Child Or Children

It may not be required that parents with sole legal custody need permission to travel out of state or overseas. That said, US Customs & Border Control strongly suggest all parents and guardians carry the relevant documentation to confirm their sole legal custody of the child or children.

Documentation For My Child Or Children

The father can seek court-ordered visitation if he has yet to lose visitation rights to his child (or children.) There are situations unrelated to the financial support of the child or children, where a father can lose custody and rights of visitation. A court may view a prolonged absence of the father as neglect or abandonment. The court has the power to enact the termination of the father’s parental rights. In this case, the father would not be able to exercise the right of child custody or child (or child) visitation.

Passports

If you are leaving the US for another country, your child will require a passport. Under US law, for a child under the age of 16, it is mandatory both parents provide their consent when obtaining a passport for a child or children under the age of sixteen. It is recommended by the State Department that all parents (and legal guardians, if appropriate) are present when completing the application for the child or children’s passport.

In circumstances where parents share joint legal custody, if one parent is not available, permission may be granted by completing this form.

When parents have what is known as sole legal authority providing they can provide evidence of this, they can apply for a passport for their child or children without permission or consent from the other parent.

Required Destination Documents

Many countries require additional documentation for a child or children to visit and it is the responsibility of the parent to research what is required regardless of whether they are traveling with one or both parents. For example, when traveling to Canada, you are required to have the birth certificate of your child or children, a co-parent letter of authorization (with specific information included) and copies of the legal custody documents. Realize your plans may be held up or you may not be able to travel at all if you cannot provide the demanded documentation when traveling abroad.

Not Agreeing On Travel Plans

Parents should never disregard the mandatory requirement to get permission/consent from the other parent if they are traveling out of state or overseas with their child or children. Not only may this make you in contempt of court, but if you do go overseas without having obtained the proper permissions and authorizations, in some circumstances this may be considered to be an act of parental kidnapping.

Sources

“Permission to Travel Out of State with a Minor Child.” Our Family Wizard, www.ourfamilywizard.com/blog/permission-to-travel-out-of-state-with-a-minor-child.

Speak With Our Family Law Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Custody Terms, Custody Tips, Father's Rights
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Child Visitation Rights For Fathers

In family law, the rights of fathers often involve a father’s visitation rights and the custody of his children.

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Though the laws of each state vary, fathers usually reserve their right to custody and visitation without exception. Issues like paternity tests or a child’s surname on the birth certificate are usually more state-specific.

A father’s right to visitation basically means that the biological father has the right to spend time with the child during a given time. In the case of divorce, a divorce decree defines the rights and responsibilities of each party at the dissolution of marriage. It encompasses many important facets of a divorce proceeding, including child support, child custody, and the father’s visitation rights.

Father’s Rights include:

  • The right to visit the children at a specified time
  • The right to plan activities with the children
  • The right to be free of the mother’s monitoring during visitation times
  • The right to spend the entire assigned time with the children, with no infraction
  • The right to a mandate to stop the mother from taking the children out of state
  • The right to revise the divorce decree

Revising the divorce decree usually happens when the visitation schedule needs to be changed, or if a party has a problem with the other due to an issue over the agreement.

Modification of Father’s Visitation Rights

Visitation rights are generally altered due to changing situations. If a party is moving, or a work schedule was altered a modification might be required. If the child’s requirements have changed, or a third party (a grandparent) is asking for the rights to visit, then the parents can propose the changes to the court prior to acting on a new agreement. If one party acts before the court’s approval, a violation of the visitation order may happen, followed by severe consequences.

Father’s Rights Enforcement

Visitation rights are not automatically granted to the father. If you’re looking to declare your visitation rights, be ready to endure a thorough examination by the court. Before appearing before the judge, it is a wise decision to talk with an attorney. The court may evaluate your relationship with your child, your overall mental health, and your background. Any history of criminal activities, cases of domestic violence, or abuse may also influence the court’s ruling, as can substance abuse allegations leveled against you.

Do I Need an Attorney to Enforce Father’s Rights?

State laws differ when it comes down to the visitation rights of a father. Because cases involving family law can be time-consuming, exhausting, and emotional, it is highly advisable that you talk with an attorney near you. A knowledgeable and experienced family law lawyer can guarantee that your rights to visitation are protected, and can assist with any other issues that involve your case.

Source: Tipton, Sarah. “Visitation Rights for Fathers.” LegalMatch Law Library, 14 Aug. 2018, www.legalmatch.com/law-library/article/visitation-rights-for-fathers.html.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Father's Rights, Fathers Rights, Fathers Visitation Rights
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Written by Canterbury Law Group

Parental Kidnapping in Arizona

In Arizona, unauthorized transportation of children out of the state by a parent is called parental kidnapping or custodial interference. If it is possible for a parent to travel out of state with the children depends completely on the custody order. In some cases, a custodial order forbids such efforts. In other instances, there can be no legal provisions at all.

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Parental Kidnapping

In Arizona, both parents need to understand their rights in divorce or custody proceedings. If one spouse decides to participate in parental kidnapping, the other parent will have certain legal protections.

Legal Framework

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies when a child has lived with a parent in a specific state for a minimum of six months. If there’s no hindrance in the stay, the state is deemed the child’s home state.

When a state is considered a child’s home state, certain regulations will apply to the capability of parents to move to a different part of the US with minors. UCCJEA is also used to specify which state has particular jurisdiction over custody procedures.

Additionally, the Federal Parental Kidnapping Act from 1980 applies. The act establishes jurisdiction in the case of custody proceedings among the states. This act, just like UCCJEA gives priority to the child’s home state. The goal of the act is to keep parents from taking children to another state trying to get a more beneficial court ruling.

Considering local regulations, Arizona Code 13-1302 has to be examined. The custodial interference regulation implies that custodial interference is engaged whenever a person who doesn’t have the right to takes a child and keeps them from lawful custody, keeps the child from the other parent, stops the child from being given back to the legitimate custodian or removes the child from the state.

An infraction of the code section is determined to be a Class 3, Class 4, Class 6 felony or a class 1 misdemeanor depending on the specifics.

Steps to Take in the Case of Parental Kidnapping in Arizona

If a child has been living for a minimum of six consecutive months in the state of Arizona, that is where the custody proceedings will need to take place. If one parent chooses to leave the state with a child during a custody battle, they will be summoned back to Arizona.

A parent who defies such an order gives the other spouse basis to file a motion for contempt. The faster a motion is filed, the better.

There are protections in place for parents who worry that parental kidnapping may happen before custody proceedings. If there is evidence that a spouse could possibly commit such a violation, a parent will have to address the court as soon as possible. Based on the evidence, a restraining order can be issued. A parent can also request supervised visitation rights if they are worried about possible illegal actions on account of a former spouse.

An essential thing to bear in mind, that when one spouse files for marriage dissolution in Arizona, the court puts a restraining order in place to stop either parent from moving out of state with the children. If such an infringement occurs, it will be investigated on a federal level. Typically, the parent who stays in the state is supported legally and favored until the child is returned back to Arizona safely.

If you find that your children are missing and you’re suspecting parental kidnapping in Arizona, you need to contact the authorities immediately. A consultation with a knowledgeable family attorney could also be beneficial because you will gain some understanding about the most important steps to undertake in the outcome of such an event.

Read More About:

Child Visitation Rights For Fathers

What Rights Does A Father Have To See His Child?

Child Custody Battles Between Unmarried Parents

What Are The Chances Of A Father Getting Full Custody?

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Parental Kidnapping
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