Canterbury Law Group, Author at Canterbury Law Group

Regular Post

Written by Canterbury Law Group

16 April 2019

Different Types Of Family Law Cases

Family law cases are unique from civil cases and only involve issues concerning or between parents, children, and spouses and their assets and liabilities.

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Family courts handle many different varieties of cases regarding domestic issues. The most common cases handled in a family court include:

Marriage Dissolution

When either spouse wants to terminate a marriage, either party can commence a divorce case through a family court requesting a court order to end the marriage. Marriages can be terminated either through annulment or divorce. Legal separation is another resolution a court may grant, where the court issues orders allocating the property, debts, child custody issues, and spousal maintenance, but the parties remain married legally thereafter. Legal Separation has the benefit of allowing both parties to likely remain on the family health care coverage post-Separation.

Paternity and Child Custody

Not all parents are married when having children. When a man needs to be legally declared the father of a child, either parent can determine paternity by commencing a paternity action with the family court that will establish the permanent rights of both the father and mother of the child. Unmarried parents can also ask the court to order physical custody, legal custody, child support, and visitation schedules.

Protective Orders Against Domestic Violence

In situations of domestic violence, the family court can issue protective orders to keep the abuser away from the victims and the children, including homes, work places and other areas frequented by the victim(s).

Lawful Name Changes

In any divorce action, a name change to restore one’s maiden name is easily obtained.

Guardianship

Guardianship involves a determination of who is responsible for the personal, financial and medical decisions over an adult or a child who cannot take care of themselves because of mental or physical impairments, or both.

Termination of Parental Rights And Adoptions

If there are serious reasons why a parent should not continue to have a parent relationship with a minor child, (such as neglect, abuse, abandonment, and so on) that parent’s custodial rights may be terminated by the family court. The family court can grant (and legally create) an adoption when someone else wants to become a legal parent of a child and “step into the shoes” of the original birthing parent.

Juvenile Matters

Allegations of child neglect, child abuse or where minors are accused of participating in illegal behavior are all matters overseen by the juveline court and largely handled by the District Attorney Juvenile Division. Work permits for minors under the age of 14 may also be granted by the juvenile court.

Emancipation and Approval of Underage Marriages

Those under 18 who wish to be emancipated (legally free from their parent’s control) or wishing to marry can petition for approval from the family court. These are not necessarily easy to obtain.

Need a Family Lawyer in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. As proven trial lawyers in family court, you can trust the firm to represent you fully so you can move on with your life and your children. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

Collaborative Divorce, Divorce Mediation

Regular Post

Written by Canterbury Law Group

15 April 2019

What Is Family Law?

Family Law is a legal practice area where attorneys focus on legal issues such as divorce, adoption and child custody among others. Practicing family law attorneys can represent clients in family court proceedings, related negotiations and can also help to draft legal documentation such as property settlement agreements or court petitions. Some family law attorneys also offer services to help with adoption, emancipation, paternity or other matters not usually related to divorce.

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A term known as: “reasonable formal requirements” are determined by individual states for marriage, legal capacity, and age as well as the procedures and rules for family law matters and divorce. Prior to the Supreme Court ruling legalizing same-sex marriages- there were states who restricted marriage (and divorce to couples only of opposite sexes. That is no longer the case.

Helpful Terms

The following family law terms are often used in family law cases:

Alimony or Spousal Maintenance: An monthly cash allowance from one partner to the other for support during or following a divorce or legal separation for a period of months or years.
Emancipation: A court process through which a minor becomes self-supporting, is no longer under the legal custody of his or her parents and assumes adult responsibility for their own welfare.
Marital Property: Property acquired by either spouse during a marriage that is subject to division upon divorce, also referred to as community property.
Prenuptial Agreement: An private contractual agreement made between partners before marrying in which they forego future rights to each other’s property in the event of a divorce or death.
Paternity: Descent or origin from a father (to establish paternity is to confirm the identity of a child’s biological father) legally declaring the rights and obligations of both parents for a child born in common between them.

Reasons To Hire A Family Law Attorney

Family law is a broad area of practice and encompasses more than just matters related to divorce including issues such as reproductive rights and foster care. It is important to have a trusted legal professional by your side ensuring those closest to you are protected and represented properly during any legal processes involving their well being.

The most common reason to hire a family law attorney includes the following:

Adoption / Foster Care: Adoption is a complex process that differs according to the adoption type, from where the child originates, and other factors such as variances in state laws. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation. It is always vital to consult with a good family law attorney.
Child Support / Child Custody: Court orders and settlement agreements involving both support and custody usually are included in large divorce cases, but may be revisited for example if the non-custodial parent’s financial situation changes post-Decree.
Divorce: Each spouse or partner hires an attorney of his or her own to devise and negotiate a plan of settlement with the purpose of avoiding a trial. Well-versed divorce attorneys are skilled at the division of marital property, the calculation of spousal support and proposing visitation, support and child custody plans.
Paternity: In most cases, paternity cases are filed by the mother to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.

Related Practice Areas

Family law will often intersect with many other areas of legal practice. Child Abuse and Domestic Violence typically involve criminal investigations and family courts determine how best to protect the victims and ensure safety for those involved. Other related legal practices include:

Estate Planning.
Immigration and Naturalization Law.
Mediation and Collaborative Law.

Need a Family Lawyer in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your case. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*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]

Family Law

Regular Post

Written by Canterbury Law Group

8 April 2019

Divorce Mediation Pros & Cons

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Wondering if divorce mediation is right for you? We’ve put together a list of pros and cons of divorce mediation so you can decide for yourself.

Divorce Mediation Pros

1. Costs Less

Divorce mediation almost always costs less than conventional divorce litigation.

2. Split Pay

Divorce mediation allows both parties to pay for the mediation professional which makes it even cheaper.

3. Divorce Peacefully

Allows parties to work amicably together to find a common resolution vs parties going after each other in court, the mediator has seen many cases like yours and helps work through the disputes.

4. Divorce Without Court Appearance

With divorce mediation, you will never have to step foot in a courtroom, ever.

5. Private Divorce

Divorce Mediation is private, unlike litigated divorce which is public.

6. Keeps you in control

Don’t let the court make decisions for you. With divorce mediation, you can take your future into your own hands and make decisions that fit your individual situation better. Who is better at shaping your future, you and your spouse or a stranger in a black robe.

7. Is easier on your child(ren)

Divorce mediation is much easier for your children since you aren’t fighting each other in court and you’re preserving resources for the children’s future.

8. Better Long-Term Relationships

You have a better chance of a long-term co-parenting relationship with your ex-spouse since you aren’t fighting each other in court.

However, divorce mediation does have a few cons as well, including:

Divorce Mediation Cons

1. Negotiations Can Fail

If you and your spouse can’t come to a formal signed agreement at the conclusion of mediation, you have to start all over again which wastes time and money.

2. Assets Could Be Hidden

If assets are being hidden from you, you or your mediator may never find out. In contrast, during a litigated case, a divorce attorney can perform an independent investigation and use the discovery process to find out if your spouse is hiding cash or assets.

3. Doesn’t Work for Aggressive Spouses

Divorce mediation may not work if you are trying to mediate a divorce with an aggressive spouse as mediation requires actual compromise from both spouses.

5. Mediators Can’t Give Legal Advice

Divorce mediators cannot give legal advice, rather, they help you come to an agreement that is reasonable for both parties based on their experience.

How Much Does A Divorce Cost In Arizona?

How Much Does Collaborative Divorce Cost?

Collaborative Divorce In Arizona

How To Negotiate A Divorce Settlement With Your Spouse

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

Speak With Our Divorce Mediators In Scottsdale

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INITIAL CONSULTATION

We have a network of Arizona attorneys, tax professionals, 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. Call today for an initial consultation at 480-744-7711 or [email protected]

Collaborative Divorce, Divorce Mediation

Regular Post

Written by Canterbury Law Group

8 April 2019

How To Negotiate a Divorce Settlement With Your Spouse

If you are looking for information on the best ways to negotiate a divorce settlement with your spouse, this post should help! Here we show you what you need to know so you can get the best result possible from your divorce settlement.

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Most lawyers will say it is very unwise to even attempt to negotiate a divorce settlement with your spouse, primarily as most lawyers think they can better negotiate on your behalf.

And they often can…but not all the time. When a lawyer becomes involved, the lawyer of your spouse also gets involved. The result is two lawyers playing games with your assets and your future life while you pay them for the pleasure of doing so.

Also, even if the “big stuff” is being taken care of by the lawyer, you will still have to negotiate the “small stuff” with your spouse, household items, etc. The best way to negotiate a divorce settlement with your spouse is to:

Check your finances
Learn how the divorce system works
Determine your needs and wants
Plan for best & worst case scenarios
Cooperate & compromise
Negotiate a fair agreement
Leave emotions at the door
Develop settlement scenarios
Make agreements
Create a plan
Make the agreement official

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

1. Check Your Finances

Prior to starting a negotiation, you must have a very clear understanding of your financial situation meaning you need to understand what you owe and what you own.

A financial advisor, if needed, can explain your finances to you. Having done that if you still do not feel comfortable talking finance, do not negotiate for yourself. You will likely lose more by yourself than the cost of a lawyer guided divorce negotiation on your behalf.

2. Learn How The Divorce System Works

Judges have a duty to place the reasonable needs of the children above either parent so unless they are shown an extremely good reason, the Court will make you comply with the child support laws of the state. This means establishing a set parenting schedule, allowing a full relationship with both you and your children. The Court will also insist your divorce settlement is fair and equitable.

One need not possess a law degree to understands the basics of divorce settlement negotiation. You can spend an hour two with a lawyer or a divorce educator. Make sure you do your homework before you initiate negotiations.

3. Determine Your Needs & Wants

Simple to say but many people never consider what is “fair” when thinking of what they need when in divorce negotiation. Often, they can express what they do not want but are less sure at describing what they do need.

You must know what you want if you are going to do the negotiations yourself. You will need a balance sheet and a budget. Once you know your needs and wants, rank them in order of importance to you. You are going to have to compromise but at least this way you can negotiate for what you need.

4. Plan for Best & Worst Case Scenarios

Here are two acronyms you need to know:

BATNA = “Best Alternative to a Negotiated Agreement.”

WATNA = “Worst Alternative to a Negotiated Agreement.”

In a divorce negotiation, BATNA and WATNA represent the best and worst things that may happen to you if the case cannot be settled and goes to trial. Going to trial is expensive, unpredictable, and emotional. Settlements are the contrary.

Ask your lawyer what will happen to your BATNA and WATNA should you go to trial. Once you have that information, you can decide if going to trial makes sense or not. If the WATNA of your spouse is worse than you could get at trial, there is little point to accepting their proposal.

5. Cooperate & Compromise

Knowing the wants and needs of your spouse is just as important as realizing your own wants and needs (Also helps if you can work out their BATNA and WATNA as well.)

The more insight you have into the above factors, the more you can negotiate in a manner ultimately satisfying both of you. Remember: Negotiation requires compromise and cooperation. The more win-win scenarios you create, the more likely you are to succeed in settling your case amicably and on the terms, you want! Nobody walks away from a settlement in a divorce feeling happy, both sides must give to reach a fair and final result to enable both of your lives to resume.

6. Negotiate a Fair Agreement

You must be prepared to walk away if your spouse and you cannot settle on terms. This means you have to comprehend what you can and cannot live with before you commence negotiating. And if reject proposals fall short, you must have the courage to reject them and to proceed with litigation. You must also ensure that you have the financial resources to wage that litigation if settlement cannot be reached.

A very important tactic of knowing your bottom line is reality testing it before it becomes your bottom line. When your bottom line is just not a realistic proposition, negotiating a fair agreement is near impossible. Clinging to desires that will never be met is ultimately futile and typically self-destructive.

7. Leave Emotions at the Door

Many people would rather a lawyer negotiate for them because you do need to keep your emotions in check when negotiating – it is also a reason why getting a therapist is a good idea when you are getting divorced.

Nothing is going to derail a good proposal quicker than resuming old arguments that have been had many times before. If things do become too heated, it is time for a break to let you and your spouse both cool down and resume your negotiations from there. Perhaps break for the day and come back the following week, do whatever it takes to keep up the momentum towards settlement.

8. Develop Different Settlement Scenarios

With compromise being the key, remember if you can keep an open mind and be prepared to brainstorm alternatives, the likelihood leans towards settling your divorce amicably.

If you are not sure what alternatives and compromises you may have at your disposal, ask your lawyer. They can come up with multiple scenarios that might meet the needs of everyone concerned. Also, listen to the ideas of your spouse, the more options you have, the more likely you will find a settlement that works for everyone.

9. Make Agreements

Ideally, you and your spouse will negotiate in a neutral place. Set aside a couple of hours so no one is worried about missing an appointment should your negotiations overrun on time.

Your spouse and you also need to agree on who writes down what you agree on and whether agreements are subject to the approval of your attorney’s approval before they are finalized and signed.

There is nothing that will poison your relationship faster than if one party tried to change something after you were both under the impression the other party had agreed to previous terms.

10. Create a Plan

Having goals is great but you need a plan to achieve your goals because if you do not the odds of you being successful go down dramatically.

A plan means knowing what you want from the outset and brainstorming different methods to get you where you want before you commence negotiation. It does not mean starting your negotiation with your bottom line. Start by asking for more, so you have something to give up. The best negotiations are where everyone feels as if they “won” something and they can live with what they lost in the process of reaching a mutually ratified and successful conclusion.

11. Hire a Divorce Mediator

If you haven’t already, consider hiring a divorce mediator or collaborative divorce lawyer to seal the deal and make the divorce final. Many people attend mediation sessions with their own divorce lawyer in tow.

Why You Might Want To Negotiate With Your Ex (Or Soon To Be Ex)

You can save time and money by negotiating your own divorce settlement if you can do the negotiation.

Additional benefits lawyers often do not speak of using this method is known as “buy-in.”

If your spouse and you have been active in discussions from the outset regarding divorce negotiations, it is far more likely the divorce settlement will be ultimately accepted.

Family courts are full of people who have already divorced fighting with their former partners! If you think your divorce settlement was rammed down your throat, there is usually no issue trying to alter or modify it later, typically at high cost and fees for both parties.

The Dangers Of Negotiating For Yourself

Negotiating for yourself is full of pitfalls if you do not have the capability to negotiate or are unaware of what you must negotiate about – you can end up losing far more than you initially realized.

At least everyone fears that. This where lawyers usually enter the picture, and for a reason.

However, negotiation with your spouse does not have to be tough. Plus, when your divorce is going slowly, the legal fees are racking up, you may have to negotiate with your spouse just to close the deal so you can both move forward with your lives and stop spending legal fees.

So even though you may think you would never negotiate with your spouse – you may find you have to, but do not worry, it happens all the time!

If you are still on speaking terms – it is worth the effort – but you need to know what you are doing.

Here are ten top tips to help with negotiating with your spouse or your ex.

Should You Negotiate Your Own Divorce?

Negotiating a divorce is not easy – it is not fun, but it is doable even if you lack a background in finance and you do not need a law degree.

So, if you and your spouse decided to give direct divorce negotiation a try, be prepared. Get some divorce advice from your attorney, go through the above ten tips and make sure you understand the basics of your finances and your legal options before you start. Know what you want and need, be flexible and have a plan. Know what the law does or does not allow for each disputed item.

if you do not wish to negotiate alone think about doing a collaborative divorce or hiring the services of a mediator. That way you have more backing when you must negotiate.

Be sure to analyze your options before you commence. Be honest with yourself about what you want to achieve. If you are incapable of standing up for yourself, it may be very foolish to negotiate a divorce settlement yourself.

If your spouse and you can remain civil and you are both ready to undertake the work to prepare and resolve your outstanding divorce issues, negotiating with your spouse will undoubtedly save you a great deal of time and money.

How Much Does A Divorce Cost In Arizona?

How Much Does Collaborative Divorce Cost?

Collaborative Divorce In Arizona

Divorce Mediation Pros & Cons

Negotiate Divorce Settlements In Scottsdale & Phoenix

(480) 744-7711

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We have a network of Arizona attorneys, tax professionals, 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 can help negotiate your divorce settlement, make your divorce less stressful, and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]

Collaborative Divorce, Divorce & Legal Separation, Divorce Mediation

Regular Post

Written by Canterbury Law Group

8 April 2019

How Long Does A Divorce Mediation Take?

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On average, divorce mediation can take anywhere from 1-6 months depending on the complexity of your situation. How the two parties deal with their issues and the ability to be flexible as they negotiate a fair agreement dictates how long the mediation will take. As each case is different, the average case typically takes at least one half-day, or full day mediation session. About 75% of mediations will settle on the first day. The other 25% will have to come back another day, sometimes with more documents or things required to fully resolve all disputed issues. Mediations are usually scheduled at least a month in advance and several weeks apart so that both parties have time to locate and produce all relevant financial documents.

How Long After Mediation Is Divorce Final?

After the divorce mediation concludes with signatures on binding settlement papers, you can expect your divorce to be final anywhere from 1 to 4 months, according the FindLaw®. To some extent, parts of mediation are more straightforward than litigation. One of the advantages of working collectively with your spouse on drafting a Separation Agreement together is the considerable ease with which you can complete your divorce.

Most final Decrees and Joint Parenting Plans will be signed by the judge within 2 to 4 weeks of their submittal to the Court for final approval and signature. Typically no formal court appearance will be required of either party. If you are working with a knowledgeable divorce mediator, they can help you arrange your final divorce documents. You can simply file the documents within the court for evaluation once the papers are prepared.

What Happens After A Divorce Mediation?

Regardless of when a final ‘deal’ is struck at mediation, neither party can rush to the Court for a judge’s signature on the Decree and Joint Parenting Plan unless at least 60 days have passed since service of the original divorce petition in Arizona. This is known as the “Cooling Off Period”. In California, the Cooling Off Period is 180 days. Every state is unique, and make sure you consult with licensed attorneys to naviagate this narrow issue.

How Much Does A Divorce Cost In Arizona?

How Much Does Collaborative Divorce Cost?

Collaborative Divorce In Arizona

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

Speak With Our Divorce Mediators In Scottsdale

(480) 744-7711

INITIAL CONSULTATION

We have a network of Arizona 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. Call today for an initial consultation at 480-744-7711 or [email protected]

Divorce Mediation, Family Law, Family Law Attorney

Regular Post

Written by Canterbury Law Group

2 April 2019

Modification of Parenting Time in Arizona

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If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age. To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.”

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing. Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

How To File A Petition For Modification Of Parenting Time In Arizona

Follow the step below to file a petition for modification of parenting time in Arizona.

Step 1 of 1:

The Papers for the Agreement – Court forms and instructions to file a petition to modify a court custody order for parenting time.

Read More About

Child Custody Laws In Arizona

Modify Legal Decision-Making, Parenting Time and Child Support

Establish Paternity and Legal Decision-Making, Parenting Time and Child Support

Modify Parenting Time and Child Support

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

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

Speak With Our Child Custody Attorneys In Scottsdale

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Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Child Custody, Child Custody & Parenting Time, Parenting Time

Regular Post

Written by Canterbury Law Group

2 April 2019

How To Get Custody Of A Child In Arizona (Process)

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If you’re looking for how to get custody of a child in Arizona, this post should help. Here is a step by step guide on the process of getting custody of a child in Arizona.

If this is the first time you are meeting with an Arizona family attorney about child custody, paternity matter, or child support, you absolutely want to know what to expect throughout the legal process. To help get yourself ready for what lies ahead, you should at least get a comprehensive idea of how long the process will take, what costs it might entail, what is required of you, and what you ought to expect. Not all these things can be decided precisely this early in the process but the more information you collect up front, the better off you will be in the end.

In Arizona, establishing a child-custody case take at least three months but, in some cases can take up to a year and occasionally even longer. The “even longer” part is likely not what you want to hear, but it is essential to be realistic and know that these matters are going to take time. The largest variable on the length of time and cost is whether you and the other parent can come together to reach full agreement on everything that needs to be decided. If you can do that, then you can get an uncontested decree and parenting plan usually within 90 days (judge’s order). If the other side fails to reply or be involved in the process, or doesn’t do so in a timely manner, you might be able to obtain a default judgment. If not, the case becomes a contested affair with evidentiary hearing(s) and/or a trial, this can take 6 to 24 months.

Listed below is a high-level step-by-step outline of usual establishment proceedings in Arizona family courts. Some of these steps may not apply, subject to the nature of the matter and the direction it is going take.

Fill Out And File The Papers To Start The Case

You must start with the somewhat tedious exercise of filling out the many forms the court requires to start a case. These documents include:

The Family Court cover sheet/Sensitive Datasheet, which includes confidential data commonly wanted by identity thieves, like birthdates and Social Security numbers. The court will retain this information and will never share it with the other party.
The cover sheet (an individual one may not be needed, depending on the county).
The Summons to Appear/Respond.
A Petition to Establish Paternity, Child Support, Child Custody (Legal Decision-Making and Parenting Time), usually depending on the nature of the case.
The Notice of Appearance. This is only filed with the court if an attorney is representing you from the start of the matter.

Although it can change, the present filing fee for a Petition in Maricopa County is $349.00. For a Response, the filing fee in Maricopa County is $269.00. The total fees may differ in other counties in Arizona. If you cannot afford the filing fees, you can apply for a fee-waiver by using the fee waiver form.

Process Serve The Other Party

The fastest, easiest, and most affordable way to serve the other party is through certified mail with a return receipt and restricted delivery. You absolutely need to use restricted delivery if anyone else lives with the other party who might unknowingly sign for the delivery, which would void the service. The cost for certified mail is around $10.00 to $15.00, depending on the weight and whether you ask for a postcard to be returned and/or electronic verification.

If the other party denies or fails to sign for the certified mail, with the knowledge or suspect they are being served legal papers, then you will have to hire a licensed process server. This will usually cost you from $75.00 to around $125.00, depending on the provider, how far away they must drive to find the person, and how hard he or she is trying to avoid service.

If you are incapable of serving the other party by certified mail or process server, you can petition the court for approval to serve by different methods. You must prove you have depleted all reasonable ways first or have no idea where to find the person. Service by posting is one alternative. This involves a process server physically attaching a posting and court papers in a prominent place on the person’s last known residence. Service by publication is an additional option. It requires placing a legal notice in a newspaper of general distribution in the county where the person was last known to reside, for at least four weeks in a row. The cost is typically between $100.00 and $200.00, depending on the type of publication. The publication will give you a price up front, get the legal notice prepared, and provide confirmation of publication.

Take A Parenting Class

If the court requests that you to take a parenting class, don’t take it personally. This doesn’t mean you are a lousy parent. It is just another required step in the process. Most counties require mandatory parenting classes, many of which can be satisfied online.

You must take a verified parenting course within 45 days after the Respondent’s papers are served. The cost is $50.00. If you’re in Maricopa County, visit the Arizona Superior Court’s website on the Parent Information Program or Approved Parent Information Program Classes. Or give the Family Court Conciliation Services a call at 602-506-1448.

Wait To File A Consent Decree

If you and the other party come to an agreement on all conditions of the child custody concerns that the court requires you to resolve, and if you both entirely agree with each other even after the filing of the petition, all you need to do is wait at the mandatory 60 days “cooling off period” after service is affected to submit a proposed consent decree that both parties have signed. You may need to wait a couple of days up to a couple of weeks for a judge to get around to signing it—usually they have up to 60 days to sign—but you should get the order no more than three months or so after beginning the process.

It is plausible you may need to attend at least one court hearing. The law says a hearing is the judge’s choice if it involves one or more children. But judges are always busy, they may not make you do so. Every case is different.

Wait For A Response

If the other party is served in Arizona, he or she has 20 days to respond (usually 25 days if the other party was served by mail). If the other party is served out-of-state, he or she has 30 days to respond (35 days if served by mail). You don’t count the day the other person is served. You start counting from the day after that and includes weekends and the holidays. Additionally, if the last day falls on a holiday or weekend, then the other party has up until the end of the next business day to file a response.

File For A Default Judgment

If the other party doesn’t ever file a written response, you can ask the court to start default proceedings against him or her for failure to appear on time or file a response. He or she will get another 10 days’ clemency period after that to file a response without penalty. If the other party still doesn’t file a response, then you would file a final petition for a default judgment along with a suggested default decree. It’s possible you will get everything you asked for in the petition, as long as it is within reason. Nevertheless, you still have to wait at least 90 days from the filing date to petition before a judge will sign off on the default decree.

Go To Court

If the other party files a written response, the clerk’s office automatically refers the case to the appointed judge’s division for his or her assistant to set up a Resolution Management Conference. At this initial hearing, the judge needs to hear from both parties as to whether any kind of agreement has been reached on any of the terms of the subject. He or she may also refer both parties to Conciliation Court for mediation if there are any leftover terms that need to be addressed. If this doesn’t end up in a full agreement, the court eventually sets a date for trial.

If you must go to court, make sure you get represented by a knowledgeable and experienced Arizona family law attorney. You and your family are way too important for you to try by yourself. Going to trial without a lawyer is like going golfing without clubs, or going shopping without money—it just does not work.

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

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711

INITIAL CONSULTATION

Canterbury Law Group’s child custody in Phoenix and Scottsdale will advance your case with 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 fight for you to obtain the best possible outcome in your situation. Our firm will represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

Child Custody

Regular Post

Written by Canterbury Law Group

1 April 2019

Child Custody Battles Between Unmarried Parents

Child custody battles between unmarried parents create many questions. Who has legal custody of a child when the parents are not married? Who has custody of a child if there are no court orders? What rights does a father have if he is listed on the birth certificate? What rights does an unwed father or mother have? These are common questions we hear all the time when facing child custody battles between unmarried parents.

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What Rights Does an Unmarried Father Have?

Without a court order, an unwed father does not have a legal right to see his child. Furthermore, when a child is born to an unmarried mother, the unwed father does not have a legal presumption of paternity and is not automatically presumed to be the biological related to the child. Under binding U.S. Supreme Court authority, the father has no say on whether the mother can carry the child to term and birth, or terminate the pregnancy early. It’s 100% mother’s decision by law.

Who Has Legal Custody of a Child When the Parents Are Not Married?

If the parents are not married, the mother has immediate and presumptive legal custody of the child (Sole & Physical). An unmarried father does not have legal rights to custody or visitation. Only a legal parent can request the court to grant custody or visitation rights. Those rights can only be acquired by commencing and litigating a formal paternity lawsuit in a court of law.

Absent custody orders, father cannot see the child. Absent custody orders, the mother cannot recover child support payments from the biological father. On the other hand, if a child was born during a marriage, both the mother and father have legal custody of the child immediately upon birth.

Unmarried Fathers Rights to Custody & Visitation

If an unmarried father wants to attain child custody or visitation rights to his child, he must first establish paternity. Most of the time paternity is established after the birth of the baby when the father fills out his part of the birth certificate form. If that didn’t happen, fathers can always fill out a Voluntary Acknowledgement of Paternity Form. This is a document that establishes legal paternity and can be used to record the father’s name on the child’s birth certificate.

If the mother disputes his father’s paternity, the father can commence a lawsuit and petition the court to establish paternity or he can get in touch with an agency like the Child Support Enforcement Division in his state.

Once an unmarried father establishes paternity, he then has the same rights as a married father.

Generally, this is not a big issue for couples who live together unmarried, but becomes a much larger issue for unmarried couples who do not live together. If you are an unmarried father who doesn’t live with your kids you will need to petition the court to attain custody rights of your child(ren).

If it’s possible, the mother and father should try to work out a reasonable custody agreement that will likely be approved by the court. Most agreements regarding paternity and child custody arrangements will be rubber stamped by the Court so long as the agreements are truthful and accurate.

What Rights Does a Father Have if He is on the Birth Certificate?

A father with his name on the birth certificate of the child has some limited rights. You should consult with a licensed attorney to better understand how to perfect those rights.

Unmarried Mothers Rights to Custody & Visitation

Community Legal Aid states “An unmarried woman who gives birth to a child has custody of the child automatically.”

This above statement assumes that you and the father have never married each other, you were not married to another person when the child was born, and that there were not any previous court orders giving anyone else custody or visitation rights to the child.

An unmarried mother has legal custody without having to go to court. Unmarried mothers have all the rights of a parent including:

The right to make the decision about who can see the child and for how long
The right to limit visitation, or to remove the child from the state
The right to enroll their child(ren) in school
The right to acquire medical treatment
The right to receive public benefits for the child
And more

Other Factors the Court Will Consider for Child Custody & Visitation Rights

The court will consider what is in the best interest of your child(ren). In a perfect world, this would include both the mother and the father being involved in the child’s upbringing.

Other factors the court will consider may include:

The financial situation of each parent
Where each parent lives
The moral character of each parent

Dealing with Child Custody Issues for Parents Who Live Together but are Unmarried

Parents who are unmarried and living together face different issues than married parents do. Issues such as ensuring your child qualifies for insurance and government benefits, proving paternity, parental rights in places such as medical facilities and schools, choosing your child’s last name, and claiming your child on tax returns are common issues that parents who are not married must address when living together.

What If A Am a Non-Legal Parent to My Partner’s Child?

If you are a parent to your partner’s child, you are a non-legal parent and you may not be able to make important decisions regarding your partner’s child. Legal parents are the only ones that have priority in these decisions. The best way to be included with important decision making for the child is to formally adopt them or to seek in loco parentis status from a court order.

Child Support Considerations for Unmarried Parents

Non-custodial biological parents, even if unmarried, are required to pay child support until the children reach age 18. However, child support responsibilities continue until 19 if the child is unmarried and a full-time high school student. If an unmarried mother wishes to be paid child support, she must legally establish paternity first. The father can voluntarily comply, or the mother can file a lawsuit to establish paternity through DNA testing. In a voluntary case, the court will order the father to submit genetic testing. If paternity is established through the DNA test, the court will enter a child support order to force the father to make child support payments until the child completes high school or turns 19 years old, whichever sooner occurs.

Who Should Claim Child on Taxes If Not Married?

Only one parent can claim their child(ren) on taxes if they are not married. Generally, the parent with the highest income should claim the child on their tax return. Furthermore, the parent that the child lives with most often is also the one who should claim the child as a dependent. You should also know that the parent that receives child support cannot claim child support as income. And, parents that pay child support can’t deduct support payments from their taxes. Child support is always a tax-free exchange of money between parents.

What If the Unmarried Parents Live in Different States?

Child custody decisions are based on the best interest of the child standard when unmarried parents live in different states. Most states, including Arizona, have enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which helps streamline custody disputes across the nation.

The court with jurisdiction in this situation is the child’s “home state.” According to Legal Resource Center “The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state.”

Start your initial consultation with an experienced family law attorney for more guidance on child custody issues, particularly if multiple states are involved.

Read More About:

Child Custody Rights for Mothers

Child Custody Rights for Fathers

Child Custody Laws In Arizona

Child Custody Battles Between Unmarried Parents

How To Get Custody Of A Child In Arizona (Process)

Child Custody Issues Involving Artificial Insemination or Conception?

Parents who chose artificial insemination may also be faced with significant child custody issues. The only way for a non-biological parent to obtain legal rights is by obtaining a court order and consent from the biological mother of the baby.

Do I Need A Lawyer for My Child Custody Issue?

You should speak with a family law attorney if you have any questions about child custody laws involving unmarried parents. Our family law attorneys can provide guidance to help you assert your legal rights as a parent. If needed, our attorneys can also represent your best interests in court.

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

Speak With Family Law Attorneys In Scottsdale

(480) 744-7711

INITIAL CONSULTATION

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 competently represent your case, so you can get on with your life. Call today for an initial consultation!

We have years of experience with child custody and guardianship issues in Phoenix and Scottsdale . We will address your case with concern and personal attention, and always have you and your children’s best interest in mind when generating legal solutions.

Child Custody, Child Custody & Parenting Time, Father's Rights, Mother's Rights

Regular Post

Written by Canterbury Law Group

1 April 2019

Child Custody Laws in Arizona

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Looking to learn about Arizona child custody laws? When parents divorce or separate, care for the child or children must continue. The court will decide a parenting plan concerning their welfare and health if the parents are unable to agree on a plan concerning the raising of the children. This frequently establishes which parent will have the role of primary caregiver and how much time they will spend with each of their parents.

In certain situations, relatives, unmarried parents or other persons who may or may not be directly related to the parents may petition the court for parenting time or custody. The court will always base their decision on the best interests of the child or children involved.

What is Legal Decision Making and Child Custody?

The legal term “custody” refers to a person’s right to make decisions about the welfare and care of a child, such as decisions regarding health care, education and religious training. Collectively, these rights are call “Legal Decision Making” custody rights.

When a parent has custody, they are frequently referred to as the “custodial parent.” It is often the case the child resides with the custodial parent for most of the time. The law does not favor one form of custody and the gender of the parent is irrelevant.

What is Parenting Time?

Also referred to as “contact,” “residential time” or “visitation” is a legal term to give the child the opportunity to spend time with one parent or the other. If one parent retains sole Legal Decision Making rights, the other parent is referred to as the “non-custodial parent.”

Parenting time and custodial issues often arise when parents ask the court for a legal separation or a dissolution of a marriage. However, custody problems may also happen between parents who were never married or no longer reside together in the same dwelling. These problems do not disappear once the divorce has been finalized. Parents sometimes disagree regarding healthcare decisions for the child, their education, where the child resides and how much parenting time and access to the child the non-custodial parent should have.

Who Decides Parenting Time?

If parents cannot come to an agreement between themselves, the Arizona legal system refers to the arising situations to the local superior court judges who are the only ones who may decide outstanding issues. If you disagree with the lower trial court’s decision, you can appeal to a 3-judge panel at the Arizona Court of Appeals and then later to the Arizona Supreme Court if necessary.

Can The Court Grant Custody To More Than One Parent?

Yes, they can. As well as sole custody, the court can choose to grant joint Legal Decision Making and joint physical parenting time or both.

What Does Joint Custody Mean?

It means joint physical Parenting Time and joint Legal Decision Making. To obtain this the parents must agree and submit a written plan for parenting to the court for review.

Can More Than One Parent Be Granted Custody By The Court?

Yes. In addition to sole custody, the law allows the court to grant joint legal custody and joint physical custody, or both.

What Is Legal Decision Making?

Legal Decision Making is the status where one or both parents are responsible for making the major decisions regarding the child’s care or welfare. When sole Legal Decision Making is awarded to one parent, it is called “sole Legal Decision Making.” The law does not favor one form of custody over another.

What Is Joint Legal Decision Making?

When joint custody is granted by the court the same rights about the child’s welfare and care is afforded to both the parents and neither parent’s right takes priority of the other. In the child’s best interest,

the court may determine certain decisions would be the responsibility of one parent even on the occasions joint legal custody has been awarded. The court may also order legal custody that is joint without ordering joint physical Parenting Time.

If Parents Have Joint Legal Decision Making, Does the Child Live With Each Of Them For Equal Amounts Of Time?

Not always. Having joint Legal Decision Making doesn’t mean parents also have equal Parenting Time or joint physical custody. See section 25-403, Arizona Revised Statutes for further details.

What is Joint Parenting Time?

When joint Parenting Time is granted, the place where the child resides is shared between the two parents in a manner that the child will have equal contact and time with both parents. Joint Parenting Time may be granted in scenarios where parents share joint Legal Decision Making or where one parent is granted the sole Legal Decision Making of the child or children.

Does The Law Favor Joint Custody or Sole Custody?

The law in Arizona does not prefer one form of custody over another type. The court is also excluded from giving preference to a parent as custodian based on the gender of the parent. The first presumption is that custody will be 50%/50% absent the parental fitness of a particular parent. Parental fitness can be questioned based on criminal history, DUIs, domestic violence, or substance abuse in the past 12 months.

What Are The Procedures For Obtaining A Custody order?

There are only certain cases where a court may grant a custody order. For example, when parents are seeking a legal divorce or separation, a court determines custody. Or, when parents request the court to alter or change a previous custodial decision that was made in a proper divorce or separation case. Custody may also be ordered when one unmarried parent initiates a court case to determine maternity or paternity of a child.

When a parent faces legal separation or divorce and a court case is started and they cannot agree on the issues surrounding the custody of a child, it becomes an automatic issue for the court to determine and decide. These court decisions are made in hearings when they grant temporary orders and in the final trial if the parents are still incapable of reaching a mutual agreement. Once a decree of divorce or legal separation has been granted, the court still has the authority to change or make modifications to an earlier established child custody order. One cannot typically revisit custody orders until a year has passed from the earlier established custody orders.

How Can A Custody Order Made By The Court be Changed Or Altered?

Either parent can request the court modify a child custody order but must make the request in writing. However, it must be shown the change in the order is in the best interests of the child and that there has been a substantial and continuing change of circumstances since the original custody orders were issued.

The Clerk of the Superior Court receives the modification request and a filing fee is charged – however, there are limitations on requesting a modification. A request may not be filed for one year from the date of the earlier order unless there are circumstances endangering mental, physical, moral or emotional health. If there is an order for a form of joint custody, a modification can be requested at any time if there is evidence that spousal abuse, child abuse or domestic violence has occurred since the date of when the last child custody court order was granted. A parent must wait a period of six months before seeking a modification to the existing order if the request for a modification is that one parent has not obeyed the previous order of the court in a joint custody situation.

How Does A Court Make The Custody Decision?

In a custody dispute, the court, on occasion, will refer the parents to mediation services operated internally by the court system. This is an opportunity for the parents to reach an amicable agreement regarding custody and other related issues. Nonetheless, if the parents are unable to come to an agreement, the court will make the decision for them. The court will sometimes seek professional advice from specialists who will perform a family evaluation to offer a professional viewpoint regarding the custody issues. In certain situations, the court may also order an investigation to be an outside agency of social services. In every case, the court must determine custody in what will be the best interests of the child moving forward.

What Happens When Parents Agree On The Custody Decision?

It is usually for the best if both parents can agree on the decisions raising the children following a divorce or a legal separation. The parents’ mutual decision is usually accepted by the courts. However, the determination of the court must be made in the child’s best interests. After review of the terms of the agreement, the court has a duty required by law to examine the agreement made by their parents and in some cases may not validate it.

In Custody Disputes, What Does the Court Consider when Determining What is in the Best Interests of The Child?

Arizona state law provides guidance to the court by listing factors and considerations to take into account. these include:

The parents’ wishes.
The wishes of the child or children if they are sufficiently mature.
How the child interacts with each parent and any other children in the family unit.
The health of every person involved in the situation.
The child’s adjustment to school, community, and home.
The parent who has provided care most in the past.
The parent who is most likely to allow the child to have meaningful and frequent contact with the other parent.

The court must also consider whether there is a history of domestic violence in the family, alcohol or drug abuse by a parent or other situation potentially endangering the mental, physical, moral or emotional health of the child. The court will make a presumption that an award of custody to a parent guilty of committing an act of domestic violence is contrary to the best interests of the child.

What If The Parents Desire To Have Joint Legal Decision Making?

When parents request joint Legal Decision Making, they also must submit a written parenting plan indicating how they will cooperate to care and raise the child or children. The court can order joint Legal Decision Making without the provision of joint physical custody. The court may also order joint Legal Decision Making even over the objection of one of the parents. As ever, the court’s decision will be made by serving the child’s best interests and the court’s decision reigns supreme.

How Does A Parent Obtain Child Support Once Custody has Been Decided?

The law says that the court must also decide what amount of child support should be paid by each parent under the Arizona Child Support Guidelines when the court has granted a custody order. It does not mean in a situation of joint Legal Decision Making that either parent no longer carries the responsibility to provide for the support of a child or children.

Can A Person Other Than a Parent Have Custody?

A person who stands in loco parentis to a child may ask the court for custody. To qualify as in loco parentis, the person must have been treated as a parent by the child and formed a meaningful parental style relationship with the child for a substantial amount of time. Also, one of the child’s parents must be deceased, the parents must be unmarried or there is a pending court case for divorce or legal separation, (see section 25-415, Arizona Revised Statutes).

How Can A Parent Obtain Medical School And Other Records Of Their Children After Divorce?

A person who stands in loco parentis to a child may ask the court for custody. To qualify as a loco parentis, the person must have been treated as a parent by the child and formed a meaningful parental style relationship with the child for a substantial amount of time. Also, one of the child’s parents must be deceased, the parents must be unmarried or there is a pending court case for divorce or legal separation, (see section 25-415, Arizona Revised Statutes).

When May A Parent With Custody Move From Arizona With The Child?

When both parents reside in Arizona, the parent who has physical custody must give 60 days’ notice to the other parent before the child may be moved a distance greater than 100 miles from the other parent or from the state. This period gives enough time for the nonmoving parent to request a hearing in writing to prevent the move. Litigation is almost assured on relocation requests.

What If My Job Requires An Immediate Transfer In Less Than 60 Days?

In this case, you must have joint Parenting Time of the child and have the agreement of both parents or a court order that allows the movement of the child. If an agreement cannot be reached in less than 60 days, a moving parent must file a request with the court.

Why Is Parenting Time Important?

A child deserves a good relationship with both parents. The child should have the opportunity to spend time with each parent when the parents do not live together. The law presumes that a maximum allocation of 50% custody should be awarded absent parental fitness issues.

What Parenting Time Rights Does A Parent Have?

State law entitles a parent reasonable rights for parenting time ensuring the child has continuing and frequent contact with the parent. However, parenting time can be limited or even denied if the child’s moral, mental, physical or emotional health would be seriously endangered by parenting time with a parent.

What Amount Of Parenting Time Is Right?

It depends on the child’s age and development. For example, with a newborn child, lengthy periods of visitation may not be appropriate in favor of more frequent and shorter visits. Ultimately the courts decide how much parenting time is important to the child and this can differ from county to county in Arizona. The Arizona Supreme Court also has published a host of Model Parenting Time Plans to assist parents in the establishment of age-related parenting time schedules. If the parents cannot agree, the court decides parenting time on a case by case basis. For a copy of these plans click here. https://www.azcourts.gov/portals/31/parentingTime/PPWguidelines.pdf

What is Reasonable Parenting Time?

This means the average amount of time spent with a child for most cases. Sometimes the term is used in parenting plans and even in court orders. it depends on the circumstances of each family, considering the development and age of the child. When described as “reasonable” it is tough to predict for how long or when parenting time periods should occur.

The parenting time order should be specifically written so it enables the court the ability to enforce the order if it is not followed and one parent decides to file a request for enforcement.

Is Parenting Time and Custody Related?

Yes, both terms mean the same thing. As part of the custody order, the court will determine the appropriate amount of Parenting Time. Even if the parents share joint Legal Decision Making, the child may live primarily with one parent or share residential time with both parents, impacting the scheduled Parenting Time that has been ordered.

Do I Have To Start A Court Case To Have Parenting Time?

Parents have the freedom to agree on the best parenting time plan for their child. Only if the parents cannot agree will court action be needed. If you recall, only the Superior Court can decide issues of parenting time and declare an order than can been enforced should disagreements arise.

How Do I Obtain A Legal Order For Parenting Time?

The court will only grant a parenting order in certain types of cases. Usually, parenting time is determined when the parents seek a divorce or legal separation or when parents ask the court for a change or alteration to custody orders be made. It may also be ordered with one parent starts a paternity case or following a voluntary acknowledgment of paternity.

Once a decree of divorce or legal separation has been granted, the court retains the authority to modify an earlier parenting time order. Either parent has to request in writing to the court what the parenting time should be and file it with the Clerk of the Superior Court – a filing fee will be due at the time of filing.

How Does The Court Make Its Decision For Parenting Time?

When there is a custody dispute the court may refer the parents to court mediation services giving parents the chance to come to a mutual agreement. However, if the parties are unable to agree, the court must take the decision. Factors the court will consider include:

The health and age of the child.
The time available to each parent away from their work and obligations.
The distance between the homes of the parents.
The school schedule of the child.
The suitability of living conditions in the home of each parent.

What If A Parent Disobeys A Court Order For Parenting Time?

When a parent commits a violation of the parenting time order, the other parent cannot deny them parenting time, stop the payment of child support or take other self-created action as a way of inflicting punishment on the other parent. However, the court should be asked to help. The parents must file a written request with the Clerk of The Superior court and pay a filing fee. A hearing may be scheduled if the matter cannot be resolved amicably. Parents usually file a Motion To Enforce.

What Can The Court Do If A Parenting Time Order Is Disobeyed?

When a parent files a request for helping to enforce parenting time the state has an obligation to act quickly. The court has several remedies available, including:

Ordering immediate parenting time with the purpose of making up lost sessions.
Ordering the parent guilty of the violation to attend counseling or education classes.
Finding the parent in violation in contempt of court and ordering monetary sanctions and fees. (see section 25-414, Arizona Revised Statutes).

Can A Person Other Than A Parent Have Parenting Time?

In certain situations, Arizona law permits great-grandparents and grandparents to have parenting time rights if it is in the child’s best interests. In order to request parenting time, the parents of the child must have been divorced at least three months, one parent must be deceased or missing for three months or the child must have been born out of wedlock (see section 25-409, Arizona Revised Statutes). The law also provides a person who stands in loco parentis to a child may ask for parenting time. There are other requirements to be met before this request may be brought to the court (see section 25-415, Arizona Revised Statutes).

What Is Supervised Parenting Time?

On occasion to prevent harm to the emotional development or health of a child, a court will order a social services agency or qualified mental health professional to be involved with a family to ensure parenting time (and custody) orders are followed. The court may also order a third party to supervise or oversee the parenting time periods and in some cases, the exchange of the child is witnessed and supervised by a third party to diminish the conflict between the parents in front of the child.

After Legal Paternity Has Been Established How Are Custody And Parenting Time Decided?

Custody and parenting time can only be decided by the Superior Court based on the child’s best interests. If the court must establish paternity, they will also automatically decide custody and matters concerning parenting time. If paternity has been established voluntarily through the court, the Arizona Department of Health Services or the Department of Economic Security hospital paternity program, one of the parents have the responsibility to a file a specific request with the Superior Court to have parenting time or custody decided legally.

If The Parents Are Not Married, Should The Mother Have Custody?

The law presumes custody of the child belongs to the mother until legal paternity is decided. When a court legally establishes paternity, the law says that unless the court orders otherwise, the custody of the child should be with the parent who the child has lived with for most of the six-month period before paternity is established. Once the course has determined parenting time or custody, the decision is always in the child’s best interests. Therefore, the court may order either or both parents have custody if it is the best interests of the child to do so.

Child Custody Rights for Mothers

Child Custody Rights for Fathers

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

Speak With Our Child Custody Attorneys In Scottsdale

(480) 744-7711

INITIAL CONSULTATION

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance 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. We shall represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

Child Custody, Child Custody & Parenting Time

Mother's Rights

Regular Post

Written by Canterbury Law Group

25 March 2019

What are Mother’s Rights In Child Custody?

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When deciding a mother’s rights in child custody, the court must determine whether the parents of the child were married at the time of birth. Custody rules that apply to unmarried parents are different than those that are married depending on the jurisdiction.

Child custody cases are often complicated, but when the parents have the child or children out of wedlock, gaining parental rights can make the process of establishing child custody even more complicated.

When a couple is unmarried and has a child together, by law, the custody of the child is automatically granted to the mother. However, the biological father has options to pursue custody through the court system.

The biological father of the child can request to the court for custody of the child. As the initial and primary caretaker of the child, the mother initially has the right to make all decisions concerning the child’s welfare, including:

Who sees the child and for how long?
Where the child lives
Where the child goes to school
All medical decisions concerning the child
Public benefits concerning the child

The right to do anything else a parent with legal custody may decide, such as:

Academic Decisions (school district selections)
Religious Decisions
Personal Care
Medical Decisions
Any other important details concerning the child’s life.

Nevertheless, with the progression of same-sex rights, there is a growing number of non-traditional families that have custody challenges. In this case, it is plausible that the mother’s rights in child custody will comprise of two female mothers. One mother could be the child’s birth mother, and the other possibly could have donated an egg or just have been a supportive partner and parental figure.

As the emerging law in these cases is not set and clear like it is for heterosexual parents, it is harder to say what is relevant in deciding the custody rights for two mothers. Regardless, essentially the same basic principles will apply, and it may not necessarily affect the rights of the parents in this situation.

How Mother’s Rights Are Determined For A Child Born To Married Parents?

As for children who are born to married parents, many courts in the past went with the mother when awarding child custody. As gender roles have changed and more women work outside of the home, these past presumptions no longer apply. These days, a lot of custody laws are gender neutral, meaning they won’t favor mothers over fathers.

Because of this, courts must take into consideration the child’s best interests when awarding custody. However, it is no easy matter to determine how to win custody as a mother, but it is good to keep in mind that most courts, even ones in other states, will focus on similar factors when considering the child’s best interests. These factors include:

The child’s emotional and physical health
How strong the bond of a parent-child relationship is with both parents
The stability of both parent’s home environment
The child’s ties to his or her school and community
The child’s relationships with other members of the family
Whether a parent has not paid their child support
Each parent’s propensity to provide for the child’s emotional and physical needs
Each parent’s devotion to actively parent the child
Any proof of any domestic violence or child abuse
What the child wants if the child is at a proper age.

In addition, it is important to realize the difference between physical custody and legal custody. Physical custody is defined as the parenting time a parent physically spends with the child. When a parent has physical custody of a child, they are responsible for making basic, day-to-day parenting choices.

But legal custody (Legal Decision Making) involves your right to make important decisions for your child, such as the decisions listed above, including education, health care, and religion. Even though one parent may have primary physical custody, both parents usually share joint legal custody. In fact, in a lot of states, joint legal custody is presumed to be in the best interests of the child.

Can Custody Orders From The Court Be Changed or Modified?

In child custody situations, it is in a parent’s best interest to maintain a polite and cooperative relationship with the child’s other parent, if they are still in the picture. It is vital to remember that any open bitterness toward the child’s other parent may hurt a parent’s custody claim or result in a decrease in a parent’s physical custody time.

Furthermore, once a custody order is finalized, the parent must follow each of the conditions stipulated in the order. However, court-ordered child custody decisions can be changed or modified if there has been a significant change in circumstances since the order was finalized. Courts can modify an existing child custody order when there has been a substantial change in circumstances, such as:

A parent breaches the existing child custody orders
There is proof of domestic violence or child abuse
One parent has moved, making the current child custody order unrealistic
One parent has lost the capacity to care for the needs of the child
When the child’s needs have changed, and the existing order is no longer in the child’s best interests

In order to change or modify an existing child custody order, the parent must first file a petition with the court. The process to modify an existing child custody order varies from state-to-state, and, thus, you will likely need to seek the assistance of an experienced and well-qualified family law attorney well versed in child custody to help you through the process.

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Should I Hire A Mother’s Rights Attorney To Help With Obtaining Child Custody?

Child custody can be a very complex process. Although having an attorney is not always needed, particularly in cases where the child was born out of wedlock, and the father is no longer in the picture, hiring a knowledgeable family law attorney well versed in child custody may still be in your best interest.

If you are involved in a child custody struggle with the other parent of the child or are seeking to alter an existing child custody order, the process is much more intricate, and an experienced family law attorney is required.

A family law attorney that focuses child custody will be able to help you through the entire process of acquiring or modifying an existing child custody order, as well as help you build a strong case for custody if it goes to court.

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

Sources

LaMance, Ken. “Mother’s Rights in Child Custody.” LegalMatch Law Library, 22 Feb. 2018, www.legalmatch.com/law-library/article/mothers-rights-in-child-custody.html.

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