Regular Post
Written by Canterbury Law Group

How to Win Child Custody

To win child custody essentially means that you are happy with your custody circumstances and the custody agreement is in the best interest of the child or children. How this happens depends on the situation. It could possibly mean that you get sole custody of your child, that you share custody with the other parent, or that the judge agrees to your proposed parenting plan, etc.

(480) 744-7711
INITIAL CONSULTATION

In the end, how do you win custody? You work on your own or with the other parent to create a custody agreement that meets the needs of your child. After that, you work with the other parent or on your own to get the court to agree to your plan.

To create a winning parenting plan to present in court, call Canterbury Law Group today.

Create a winning parenting plan

Your parenting plan demonstrates how you and the other parent will continue to care for your child now that you are separated or getting a divorce.

A satisfactory parenting plan has:

  • A defined parenting schedule that shows when the child spends time with each parent
  • Details about how the parents will make decisions for the child
  • Specifics about expenses and finances
  • Parenting requirements and rules about raising the child
  • Any other information you may want to add

To produce a winning parenting plan, you must customize it, so it suits the needs of your child and fits your unique circumstances.

You can draw out your plan on your own, work closely with the other parent to develop it, and/or hire an attorney or legal professional to assist you.

Negotiate a plan with your child’s other parent

The best way to win custody of your child is to work with your child’s other parent to make a custody agreement both of you approve of. This helps you avoid a drawn-out, costly court battle and makes your agreement more effective, and is only beneficial for the child.

It doesn’t matter if you and the other parent disagree about custody, it is still worthwhile to try and arrange an agreement. In order to do this, you will both have to set aside personal differences and focus on what is in the best interest of the child.

Here are some recommendations to help you when meeting with the other parent:

  • Prepare example parenting plans and parenting time schedules to show your ideas
  • Write down the thoughts and concerns that you want to go over before you meet
  • Be flexible about your parenting agreements
  • Hear out the other parent’s ideas and concerns
  • Set aside any personal differences with the other parent
  • Think of your child when you work out your parenting agreement
  • Don’t talk about divorce issues or other outside issues during the meeting
  • Bring your work schedule and the child’s school schedule
  • Talk to your child about what they want in the agreement (if your child is old enough)
  • Seek mediation or counseling if needed
  • Get enough sleep the night before you meet, maybe each bring a friend to reduce tension
  • Allow multiple meetings (don’t try to discuss too much at once)
  • Take a break if things get strained, you can always try again later

Record your actual custody circumstances

You may find it beneficial to track the actual time, so you know how to prepare your custody plan.

Track your actual parenting time, so you know how your actual time correlates to your scheduled time. This can help you define your custody and visitation schedule and know if the schedule is being upheld.  For example, if one parent works nights and weekends, creative scheduling is going to be required to see the children during normal waking hours, when they are typically in school.

You can also keep a custody log book where you write notes about what happens during your parenting time. You can use your book to communicate with the other parent or keep it for your records.

Tracking your parenting time and keeping a log book helps you win custody by making sure your plan is the correct one for you and your child. It also helps each parent follow the plan.  The log book can also be critical for “going back to court” after your original plan is in place.

Present a winning case in court

If you and your child’s other parent are incapable of coming to an agreement about custody arrangements, you will go to family court, and a judge will determine the final parenting time arrangements.

To win in family court, you must develop a parenting plan and show the judge how that plan will benefit your child. It might be a good idea to hire an attorney to come up with your plan and represent you in court.  Things can and will get complicated.

You can represent yourself and still win custody, you will just need to prepare an appropriate plan and present it very well.

Attend custody mediation to win your case

If both parents cannot work out a custody agreement, you should consider going to custody mediation with a third party professional.

In custody mediation, you and the other parent will meet with an impartial third-party mediator who can help you create your agreement. The mediator will help you as you make decisions for your plan and help you work out your disagreements.  The mediator is usually a retired family law judge or attorney well versed in custody issues.

Some states require that parents go to mediation first before actually going to court. You may also have the alternative of getting free or discounted mediation through your court or state. If mediation isn’t offered in your court, you can pay for mediation privately.  Each parent usually pay 50% of the meditor’s fees.  You can also bring your attorney to mediation.

Mediation is successful for a lot people, and if you can co-author your parenting plan in mediation, you will be happy with your plan and you both win your case.

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s child custody lawyers 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 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 represent you fully, 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 legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Child Custody, Child Custody & Parenting Time, Family Law, Father's Rights, Mother's Rights, Sole Child Custody
0
Regular Post
Written by Canterbury Law Group

What Is Divorce Mediation & How Does It Work?

You may benefit from divorce mediation if you and your spouse can overcome feelings of resentment and anger and want to avoid finger-pointing, needless discovery, court hearings and a costly trial you may benefit far more from pursuing divorce mediation. This posting can help you decide which path your divorce should take from here.

(480) 744-7711
INITIAL CONSULTATION

What Is Divorce Mediation?

Divorce mediation allows couples who are divorcing a process to meet with neutral third-parties serving as specially trained mediators to resolve common divorce issues out of court.  Mediation is far less stressful and expensive than a divorce trial. it also is usually a far faster route because your spouse and you have the last say over the matters of your divorce as opposed to asking a judge to decide.  Most couples “mediate out” of their divorce cases in less than half the time and expense typically incurred in a conventional court house litigated divorce case.

When there was a lack of communication, perhaps partially responsible for the demise of the relationship, mediation gives you both the chance to rebuild your skills of communication. Even the most trained professional can help couples with poor communication skills achieve a successful negotiation.  Most mediations start and wrap up in one day.  The Rule 69 agreement you sign at the end of your mediation is 100% binding the instant you walk out the door.  There is no “do over” or second chances to mediate again the following day if you both sign a final agreement.

How Do Parents Choose A Mediator?

Undoubtedly when children are involved, divorce becomes more complicated. The parents will have to find a mediator who can deal with issues like:

  • Child custody.
  • Divorce.
  • Child support.
  • Visitation.

Your divorce mediator will need to have well-developed skills in conflict resolution and have extensive knowledge of the divorce laws in your state. The mediator can also help to facilitate meaningful conversations between the spouses and minimize the drama that can come with a divorce. A mediator can keep the conversation on track and point you towards a resolution for outstanding issues. Nonetheless, the mediator cannot make decisions on your behalf or insist on any partner signs a contract or accepts a certain term. Nobody is forced to sign a final agreement at mediation, you can “Sleep on it” if you so choose.

How Does Divorce Mediation Work?

In most states, mediation is voluntary and once the mediation process commences a spouse can bring it to a close if they want or continue to proceed with the litigation instead. Should they bring the mediation to a close the traditional divorce route is usually followed as a court will not force a spouse to take part in mediation if they do not have the desire to do so. However, in some states, the court wishes the couple to demonstrate they have made good faith efforts to go through the mediation process before proceeding with further hearings at the court.  To that end, some judges will divert you to mediation prior to giving you a formal trial date.

Mediation can only work if both spouses are willing to negotiate the terms of the divorce. Usually, there will be an initial meeting between the mediator and the spouses. At the first meeting, each spouse will then have the chance to express their expectations for the most common divorce-related issues, such as:

  • Division of property.
  • Visitation and child custody.
  • Child support.
  • Spousal maintenance or alimony.

The mediator will gain an idea from the initial discussion of how far apart the spouses are and what areas will need further development before resolution.

Mediation does not have a time limit except for legal statutory limitations of divorce. Put another way, mediation can continue for as long as required to reach a compromise. Obviously the longer it takes, the more expensive it becomes. Whether you meet weekly, monthly or other times. Most couples can complete the process in one or a few sessions costing thousands of dollars less than having to go to the court and litigate.

Once the outstanding issues have been agreed, the mediator will draft a settlement of divorce agreement for both spouses (and their attorneys) to sign, review and present to the judge.  Typically judges will “rubber stamp” and approve 99% of mediated agreements brought to them.

Will Divorce Mediation Work For Me?

There is no doubt many spouses find mediation helpful in the divorce process and allows them to obtain a divorce with as little pain as possible. However, mediation can only work if you and your spouse agree to compromise. You are far more likely to have a mediation that is successful if most or all the following statements are true.

Your Spouse & You Agree To Divorce

Divorces are not always contentious and if the decision to divorce is one that has been mutually agreed, a petition for divorce can be filed together or one spouse can file with the other spouse’s advance knowledge. This makes the process far easier to negotiate and work together to find solutions for outstanding issues in the mediation process.

There Is No History Of Domestic Violence

During divorce mediation, it is essential for frequent meetings between the two spouses, the mediator, and possibly attorneys. If there is a history of domestic abuse between spouses, many mediators will not accept the case as it is tough to keep both spouses working together and presents a challenge to the mediator if they must determine if the victim of the settlement because of intimidation or fear from the abuser. In the states where mediation is a requirement, if a history of physical violence can be demonstrated, the court will excuse you from these mandatory mediation sessions.

Both Spouses Are Forthcoming About Finances

Finances are one of the most complicated parts of any divorce process. Both spouses must be happy to provide the other with complete financial information, including sensitive information, relating to pensions, stocks, retirements, bank accounts, and other debts and assets. In many marriages usually, one partner is more familiar with family liabilities and assets than the other. You will need all the relevant financial info or must investigate and understand marital estate before you agree to the terms of a proposed property settlement.  This process standing alone, can take several months to complete, before a meaningful mediation session can occur.

You Agree On Custody Terms

Next to finances, visitation and child custody can be the most challenging aspect in divorce cases. For the sake of the children, most parents can set aside their differences – however, sometimes even the best of intentions are met with other complications and further issues.

Divorce mediation is a great way to work with your future co-parent when deciding who should care for the children daily, who should be responsible for the payment of child support and the frequency and type of visitation the non-custodial parent will have.

Undoubtedly, parents know what is best for their children and the most effective way of ensuring your divorce judgment to protect the best interest of the children and to negotiate the terms for custody with your spouse. If a roadblock is reached in the discussion of custody, the mediator will be able to offer suggestions or advice on how to resolve the issues without asking the court for help.

You will need the intervention of the court if your spouse and you disagree on custody, especially when there are allegations of neglect or abuse. The court can determine the arrangement that will be in your child’s best interests by utilizing the custody process of your state before the judge makes a final decision.  There will be a winner and a loser when parties force cases back into the court room.

Need a Divorce Mediator in Scottsdale?

(480) 744-7711
INITIAL CONSULTATION

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.

Divorce Mediation
0
Regular Post
Written by Canterbury Law Group

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.

(480) 744-7711
INITIAL CONSULTATION

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?

(480) 744-7711
INITIAL CONSULTATION

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
0
Regular Post
Written by Canterbury Law Group

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.

(480) 744-7711
INITIAL CONSULTATION

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:

Need a Family Lawyer in Scottsdale?

(480) 744-7711
INITIAL CONSULTATION

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
0
Regular Post
Written by Canterbury Law Group

Divorce Mediation Pros & Cons

(480) 744-7711
INITIAL CONSULTATION

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.

Read More About 

How Much Does Divorce Mediation Cost?

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

(480) 744-7711
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
0
Regular Post
Written by Canterbury Law Group

How To Negotiate a Divorce Settlement With Your Spouse

How do I get a prenup?

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.

(480) 744-7711
INITIAL CONSULTATION

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:

  1. Check your finances
  2. Learn how the divorce system works
  3. Determine your needs and wants
  4. Plan for best & worst case scenarios
  5. Cooperate & compromise
  6. Negotiate a fair agreement
  7. Leave emotions at the door
  8. Develop settlement scenarios
  9. Make agreements
  10. Create a plan
  11. 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.

Read More About 

How Much Does Divorce Mediation Cost?

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
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 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
0
Regular Post
Written by Canterbury Law Group

How Long Does A Divorce Mediation Take?

(480) 744-7711
INITIAL CONSULTATION

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.

Read More About 

How Much Does Divorce Mediation Cost?

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
0
Regular Post
Written by Canterbury Law Group

Modification of Parenting Time in Arizona

(480) 744-7711
INITIAL CONSULTATION

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

(480) 744-7711
INITIAL CONSULTATION

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
0
Regular Post
Written by Canterbury Law Group

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

(480) 744-7711
INITIAL CONSULTATION

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
0
Regular Post
Written by Canterbury Law Group

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.

(480) 744-7711
INITIAL CONSULTATION

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
0
1 … 6 7 8 9 10 … 26