Written by Canterbury Law Group

What Is Custodial Interference?

What Is Custodial Interference

What does Custodial Interference mean? In simple terms, when one parent attempts to create disruption to the custody rights of the other parent of the child or children, this is known as custodial interference.

Often a highly contentious issue, when custody orders are interfered with it can lead in some cases to consequences of a criminal nature. However, there are a very few situations where it may be legally permissible to temporarily interfere with the custodial rights of the other parent. The following are important facts you should be aware of regarding custodial interference and what can be done regarding it.

Types Of Custodial Interference

There are many ways custodial interference can happen. Here are some examples:

  • Making a visitation upon the child or children while the other parent is supposed to have custody of the child or children.
  • When the other parent has a planned and a scheduled visit, the refusal to release the child or children to the other parent.
  • Limiting the telephone or online contact the child or children has with the other parent.
  • Not returning the child or children on time for a planned exchange.
  • Using enticements to turn the child or children against the other parent.

However, in certain situations, custodial interference is not a violation of the law. For example:

  • When you are protecting a child or children from danger.
  • When previously made agreements disrupt custodial arrangements.
  • When outside events prevent a parent making a timely transfer of the child or children (bad weather being one example.)

What Can Be Done?

A parent can report to law enforcement and the courts any examples of custodial interference. Courts will often try to remedy the ongoing situation. Here are a few ways they try to achieve this:

  • Instituting revised and specific orders for visitation.
  • Instituting make up time for visitation purposes.
  • Family mediation or therapy.

Depending on the situation more severe intervention may be required – a parent may request greater relief. Examples include:

  • Third parties being present at supervised visits.
  • A neutral location being designated for the transfer of the child or children.
  • Reductions or loss of custody or visitation.
  • Fees and fines.

Many states consider custodial interference to be a felony or misdemeanor crime.

Source: “What Is Custodial Interference?” Findlaw, https://blogs.findlaw.com/law_and_life/2013/08/what-is-custodial-interference.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Custodial Interference By Grandparents

Custodial Interference By Grandparents

Child custody describes the legal relationships and status regarding a child or children and their legal guardians and/or parents. An individual with the custody of a child or children by default has all the responsibilities and rights of raising the child or children. This includes caring for the child or children and making choices and legal decisions for the child or children. The custody of a child or children can be granted by a court to anyone, meaning, a legal guardian can be the child or children’s, adoptive parents, biological parents, cousins, grandparents, siblings that are of legal age as well as friends, uncles and aunts. Read on to learn more.

In most custody cases for a child or children, grandparents are often not given consideration, when it comes to visitation and securing custodial rights. Even when the grandparents have been separated from the child or children from their parents because of causes like divorce, death or the breakdown of communication between a child or children and their parent or parents.

Primary Arguments For The Rights Of Grandparents

  • The child or children can suffer from trauma when they no longer have contact with the grandparents.
  • Divorce or the incarceration of a child or children or if a child or children should die does not give the parent who has custody the right to sever the relationship the children or child has with their grandparents.
  • Grandparents offer a stable role in the life of a grandchild or grandchildren. This is especially the case for a child or children following a death or a divorce.

Primary Arguments Against The Rights Of Grandparents

  • As long as the parents are competent, the state generally has no right to interfere in the decisions of how those parents raise their child or children – meaning a parent has the right to exclude a visit from a grandparent, even when supervised.
  • There can be good reasons to exclude a grandparent or grandparents. For example, if they have a history of child abuse or interfere with the process of the conventional decisions competent parents make on behalf of their child or children. Also, some grandparents will bad mouth the parents of the child or children in front of them.
  • Grandparents and parents often have conflicts but even when parents are being irrational or unfair, interference from a court can make the home of the child or children less stable than before.

Currently, a grandparent visitation law does not exist nor is it protected in any shape or form in common law or the constitution of the United States of America. In the last 40 years, any statutes or laws on the books regarding the rights of a grandparent of a child or children are not similar from state to state. It is true all 50 states have visitation laws for a child or children as well as who may be permitted to have visitation with them after a case of child custody has been determined. These laws can consider, stepparents, parents and grandparents.

Approximately forty percent of US states only allow grandparents of the child or children to have rights of visitation and not any other person. The consequences of this are cousins; foster parents, stepparents or other relatives cannot be granted rights of visitation. However, in all of the fifty states, Grandparents are able to file a lawsuit in court in situations when they have been told they are denied the right to visit or see their grandchild or grandchildren when there is apparently no reason for them not to be allowed access to the grandchild or grandchildren.

Grandparents Rights In Arizona

In Arizona, the custodial rights of Grandparents are defined by statute A.R.S. § 25-409. Therefore, Grandparents maintain the right to be involved in the lives of their grandchild or grandchildren and if needed, to seek safe protection for them, on their behalf. Grandparents can seek legal assistance when the relationship between a grandchild or grandchildren has become broken in cases where the grandchild or grandchildren may be in risk or danger. These rights can help Grandparents retain involvement in the lives of their grandchild or grandchildren as well as protect their own rights as Grandparents. Some examples of where legal advice may be required include:

  • Parents refuse Grandparents involvement or even access to their grandchild or grandchildren.
  • Adoption, permanent custody or guardianship of a grandchild or grandchildren.
  • In cases of parental abuse of a grandchild or grandchildren.

Furthermore, Grandparents are realizing they have rights and can exercise them, examples include:

  • The filing of court petitions with the purpose of requesting continued visitation and access to their grandchild or grandchildren.
  • The filing of child custody petitions with the purpose of care of a grandchild or grandchildren.
  • The filing adoption petitions with the purpose of care for a grandchild or grandchildren.

Grandparents often seek legal advice on their visitation rights regarding a grandchild or grandchildren. There are legal requirements that must be gone through and met including the fact Grandparents must provide evidence their contact with a grandchild or grandchildren is in the child’s best interests. Some factors that are taken into consideration include:

  • The historical bond the Grandparent has with the grandchild or grandchildren.
  • A parental divorce of at least a minimum of three months.
  • A parental absence of at least a minimum of three months.
  • When a child or children are born out of wedlock.

Custodial requests by Grandparents are considerably more complex as a vital key to success will be providing convincing evidence the parents are unfit.  Grandparents seeking such relief will very likely need competent legal assistance to advance their case.

Source: Phoenixdivorceattorney. “Grandparent’s Rights in Arizona (Ultimate Guide for 2019).” Cantor Law Group, https://cantorlawgroup.com/grandparents-rights-in-arizona.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Non-Custodial Parent Moving Out Of State Arizona

Non-Custodial Parent Moving Out Of State Arizona

When deciding if a parent will be allowed to relocate with a child or children, courts in Arizona conduct an investigation whether the relocation is likely to damage the relationship the child or children has with the parent who is not relocating. Following a divorce, it is not at all unknown for one parent desiring to relocate to another city or indeed, another state. It may be for a new spouse, a new career or just a fresh start in a new place. Regardless of the reason, it has a substantial effect on issues of custody. Following the move, if the parents are unable to come to an agreement regarding custody of the child or children, a judge will make the final and legally binding decision. The judge will consider many factors when assessing the most preferred custodial situation for the child or children. Therefore, as relocation custody can be a complex issue, it is vital to understand circumstances and situations that may impact your case.

Overview of Arizona Custody Laws

The center point of any custody dispute is what is in the best interests of the child or children. Let’s look at some of the factors court consider to be of paramount significance when deciding on the visitation and custody arrangements that will satisfy the physical and emotional needs of the child or children:

  • The physical health and mental health of each parent.
  • The relationship the child or children has with their parents.
  • The ability of each parent to provide a stable environment for their child or children.
  • If any of the parents have a history of child abuse or domestic violence.
  • The ability of the child or children to adjust to a new community and home.

The judge will then make a decision as to whether to award sole or joint physical custody as well as sole and joint legal custody of the child or children having undertaken a consideration of factors relating to the health and wellbeing of the child or children. It is worth remembering a parent with sole custody of the child or children may have more leeway when it comes to the relocation of the child or children.

Relocation Rules For Arizona Parents

A relocation is not a simple move to the other side of town. When parents share legal or joint custody, the parent who is relocating is obliged to give advance notice of at least 45 days regarding an intended move out of state or an in-state move in excess of 100 miles. The parent who is not moving may then make a petition to the court preventing the relocation. When a judge refuses the relocation request, the other parent may still move there, but will be unable to take the child or children with them to live.

How Judges Decide Relocation Cases

Primarily, the judge examines the negative consequences a potential move may have on the wellbeing of a child or children. Evidence will be submitted by each side and the judge will determine whether to allow the relocation and how custody arrangements will be adjusted. At the hearing, a judge may hear testimony from the individual parents, relatives, teachers, or friends. In particular the judge is looking at the following aspects:

  • The reason for the move.
  • Is the purpose of the move to interfere with the visitation of the other parent?
  • Will the quality of life and wellbeing of the child or children be impacted in a negative way?
  • The relationships the child or children have with both parents, looking at the past, the present day and the future potential of these relationships.
  • What are the possible effects of less visitation with one parent?
  • The relationship a child or children has with their siblings.
  • The adjustment to home and community the child or children will have to undertake.
  • If they are of mature enough years, the preferences of the child or children.
  • Any other circumstances the court deems to consider as important.

The burden of proof lies with the parent making the move to show it is in the best interests of the child or children to move with them. Courts understand the needs of a parent to move, travel and follow a career but the best interests of the child or children and the right of the other parent to maintain meaningful relationships with their child or children has to be balanced up against this.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Custodial Interference In Arizona

Custodial Interference In Arizona

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

When Can You Claim Custodial Interference?

Court orders have to be in place because if rights of legal decision making and parenting time are yet to be adjudicated by the court, there are no outstanding orders to be broken and there are no meaningful legal actions you can undertake until the courts sign off on the orders.

Examples Of Custodial Interference Include:

  • When parenting time has been scheduled, refusing to bring the child or children.
  • When the other parent has company making a visitation to the child or children without at first obtaining permission to do so.
  • Not returning the child or children on schedule.
  • Purposefully limiting the contact, the child or children have with the other parent.
  • Using enticements on the child or children to isolate the parent holding custody.
  • Taking the child or children before court orders are in place.
  • Taking the child or children when it is not parenting time according to the schedule already in place.

These are common examples but as each situation is unique you should talk to a family law attorney and they can make a determination as to whether your rights have been violated.

When your child or children have been born out of wedlock, the law states the custodial rights go to the mother until brand new court orders becomes effective. It is vitally important you do not take any actions against the child or children or the mother. This law will be enforced and can result in criminal proceedings.

When The Other Parent Interferes With Custody

Custody agreements are often contentious but when you have a court order already in place, you are within your rights to call law enforcement when the other parent refuses to stick to the agreed parenting plan. Your actions should also be reported to the courts. Minor examples of interference will likely be met with a caution from law enforcement as well as the enforcement of the agreed, court order, plan of parenting. In cases when a parent continues to interfere in this way, the police will now have written documentation of the behavior and if needed can make an arrest. In situations when the custodial interference has become very extreme, the courts have the power to make the following changes to the established parenting plan:

  • Transfers at a preset location that is neutral (sometimes a police station.)
  • Visits that have to be supervised by a third party.
  • Loss or restriction of custody and rights of visitation.
  • Penalties and fines.
  • Criminal repercussions.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

  • Class Four Felony: Interference by a non-parent.
  • Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
  • Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

Custodial Interference Law Exemptions

In some situations, the court allows a parent non-adherence to the parenting plan if the following applies:

  • A parent is protecting the child or children from harm.
  • Disruptions to the parenting plan that have been previously agreed upon.
  • Events the parents do not have control over.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference in Arizona: Laws for a Disruptive Divorced Parent.” Mesa Divorce Lawyers & Family Law Attorneys, 30 May 2019, https://www.jacksonwhitelaw.com/arizona-family-law/custodial-interference-arizona/.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

Written by Canterbury Law Group

Child Abandonment

Child Abandonment

Child abandonment can be defined as when a person in charge of a child or children or a guardian or parent in charge of a child or children either deserts the child or children without consideration for the safety, welfare or physical health of the child or children ,or has the intention of abandoning the child or children and in certain circumstances it may also be defined as failing to provide the appropriate and needed care for a child or children who live with them. As well as physical abandonment, child abandonment can situations include what is known as emotional abandonment where a parent offers little to no emotional support and/or physical contact over prolonged periods of time. Sadly, children who face these issues often become adults with issues such as emotional dependency, helplessness and very low-self-esteem as well as a myriad of other issues.

Someone who is charged with deserting a child or children may face severe criminal penalties.

What Is Childhood Abandonment?

Childhood abandonment is wide category and can describe many behaviors and actions. Some examples include:

  • Only minimal efforts are made to communicate and support a child or children.
  • Leaving an infant child or children in dumpsters, trash cans, on the side of the road or doorsteps.
  • Leaving a child or children with another party without providing provisions for the support of the child or children and with no meaningful conversation with the child or children for in excess of three months.
  • Not participating in an appropriate program reuniting the parent or guardian with a child or children.
  • Not having regular visits for 6 months or longer with a child or children.
  • Unwilling to be the provider of care, supervision or support for the child.
  • Absence from the home for a such a time that it poses a risk of harm to the child or children.

Child Abandonment Laws

Laws differ depending on the state you and the child or children reside in. some states have specific laws regarding child abandonment, whereas others consider it under already established child abuse laws. Most states consider the abandonment of a child or children as a felony. This includes when a guardian or parent physically abandons a child or children when they have the intention of the relinquishment of all their responsibilities and rights towards said child or children. On the other hand, some states classify this as a misdemeanor (usually invoking less harsh penalties) considering acts of abandonment that are not physical in nature. In both sets of circumstances, child abandonment is frequently defined as:

  • Leaves a child or children typically beneath 13 years of age without the supervision of a responsible person (normally thought to be over 14 years of age.)
  • Failure to keep contact with the child or children and not providing reasonable levels of support for specified time periods.

Speaking from a standpoint of criminality, the definition of child desertion is the physical abandonment of a child or children but in some states, it can include what is termed emotional abandonment and failing to provide needed, food, shelter, clothing and medical care for their child or children.

Mandated Reporting Laws

As some states qualify the abandonment of a child or children as a form of child abuse, certain people in the realm of the child or children may have a legal obligation to report suspected or known situations to the appropriate authorities. Regulations and rules change depending on the state you are in so you will need to check to see if you fit the criteria of being what is called a “mandatory reporter.”

Safe Haven Legal Exceptions

Safe Haven laws in most states have exceptions to child abandonment laws. These Safe Haven laws allow mothers to abandon their infants who are newborn in what has been established as a safe place, such as fire stations, houses and churches without them having to fear being charged with the abandonment of a child or children.

Leaving A Child Alone at Home

Sometimes it may be unavoidable to leave a child or children at home without supervision. In general, states offer guidance to help parents avoid charges of child abandonment, Some states have statutes that will weigh a number of factors when deciding to pursue a charge of child abandonment such as the length of time the child or children were left alone, economic hardship or illness of the guardian or parent responsible for the child or children and the age of the child or children.

Punishment and Penalties for Child Abandonment

Depending on the state where they reside, an individual who is facing charges of child abandonment may be having to consider wide ranging punishments and penalties as well as multiple sentencing options, largely dependent on whether the state considers the abandonment of a child or children as a misdemeanor or crime. It is worth knowing a court can impose not only the termination of parental rights and jail time but also qualify supervised access to the child or children in the future and financial penalties in the form of fines. There is also a possibility an individual will have to face charges of reckless abandonment that has a far harsher penalty should a child or children die for a reason linked to their desertion.

Loss of Parental Rights

Most states maintain a parent is deemed to have abandoned a child or children following a period of two years when they have limited their financial support and contact. This abandonment can result in a parent losing their rights to the child or children. Nonetheless, a parent is not in a position where they can elect or make a choice regarding the forfeiture of these responsibilities and rights. Indeed, even in situations where there is little to no doubt that a child or children have been willfully abandoned, it is the viewpoint of most states they will not take the legal steps to terminate the rights of a parent except in circumstances where there is another figure willing to take on the role of a parent and who is in a position to formally adopt the child or children.

Source: “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, https://www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce

Need A Family Lawyer In Scottsdale?

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 divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial 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. 480-240-0040 or [email protected]

Written by Canterbury Law Group

Termination of Parental Rights

Termination of Parental Rights

Terminating parental rights is a serious subject and should be very carefully considered before any actions are taken. Read on to learn more about the termination of parental rights.

What Does Termination of Parental Rights Mean?

When the rights of a parent are terminated it means the rights that person had as a parent of their child or children have been taken away so that person no longer remains the legal parent of the child. This has a number of implications:

  • There is no longer a parent-child relationship.
  • The parent usually has forgone the right to speak with or visit with the child or children.
  • The parent no longer has an obligation to pay child support.
  • The parent no longer gets to raise the child or children.
  • The parent is removed from the birth certificate of the child or children.
  • The child or children can be adopted by another without the permission of the parent.

There is a reason the nickname for the termination of a parents right is referred to as the civil death penalty – such matters are taken with a great deal of levity by judges, who do not usually terminate the rights of a parent unless there is a very good reason to do so. The following information is in reference to private terminations of parent’s rights among family members only.

Who Is Allowed to Terminate A Parent’s Rights?

A petition to terminate the rights of a parent can be filed by a guardian, parent or family member. When the petitioner of the child is in receipt of public assistance such as SNAP or TANF it is not very likely the parent’s rights will be terminated by a judge. In those circumstances, the child support office has to mandatorily notified regarding a termination if the petitioner is in receipt of public assistance. The Department of Family Services, known as the DFS may request a judge to terminate the rights of a parent in instances when CPS has been involved with a family. Normally, this occurs when the DFS has been involved with the family for in excess of a year and has made numerous attempts to address the outstanding family problems. If the issues are very serious and/or the parent has failed to make progress, the District Attorney may be asked by the DFS to file a parental rights termination case.

Can I Opt to Give Up My Parental Rights?

In most cases the answer will be no. Judges, more often than not, have the view a child or children need two parents so that sufficient financial and emotional support is provided. Parental rights cannot be given up in order to avoid addressing poor behavior in a child or children and neither can you unilaterally relinquish your parental rights. In normal circumstances, you will usually have to attend a court hearing in person to explain your situation and unique goals to the judge.  Every case is different and no outcome can be guaranteed by any lawyer.

Reasons for Termination of Parental Rights

  • Only a very minimal effort has been made to support the child or children by the parent – this includes taking care of the child or children and communicating with the child or children.
  • The child or children would face a serious risk of mental, emotional or physical injury being in the company of the parent.
  • The parent is unfit in that they refuse or are incapable of providing the child or children the proper guidance, support or care.
  • When the child or children were conceived following a sexual assault. When the parent has been convicted for such a crime, their parenting rights can be legally terminated.
  • The parent has been neglectful meaning the child or children have not been correctly taken care of, this includes shelter, medical care, providing food, education and any other special need the child or children may require.
  • When CPS has taken a child or children from the home, the parent only has a limited window of time to address and correct the reasons for the removal of the child or children. If in a reasonable time, the parent does not correct those issues, the state can and often will petition to terminate parental rights.
  • When the parent displays behaviors related to abandonment indicating they desire to give up all their rights regarding the child or children. In these cases, it usually means a parent has not contacted the child or children for a time in excess of 6 months without good reason for doing so.

Regardless of any parent’s preference, the assigned judge is always going to decide on what they consider is going to be in the best interests of the child or children. Clear and convincing evidence must be produced by the party requesting the termination; this is one of the highest burdens of proof imposed by the law.

Where Do I File for Termination Of Parental Rights?

Termination of parental rights and be filed at the Juvenile or Family Superior Court in the county where the child or children resides. You may also file in the county where one of the parents makes their home. However, when the child or children are Native American, these matters are usually handled by the independent tribal court.

I Haven’t Heard From The Other Parent In Years. Is There A Fast Way To Terminate Their Rights?

Sadly, in these circumstances, it may take longer if the other parent cannot be located. The other party will have to be personally served with papers, giving them the opportunity to attend court and defend their custodial rights, should they choose to do so. When you are not aware of the location of the other parent, the judge has an expectation you will do everything in your power to locate them by speaking with family, friends, their employer, email and online searches, etc. A judge may allow you to post a notice in a newspaper should the previously named searches do not reveal the parent’s location.

How Do I Terminate Parental Rights In Arizona?

In Arizona, at least one of the following statutory grounds must be asserted and proven with clear and convincing evidence:

  • Within 30 days after being served with a Notice of Adoption, the presumed father failed to file a claim of paternity.
  • The parents have agreed to an adoption of their child or children or have relinquished the child or children to a licensed adoption agency.
  • Serious Neglect or abuse of the child or children.
  • Abandonment
  • A chronic substance abuse history from the parent which cannot be remedied or treated
  • When one parent faces felony incarceration for a considerable period of time, or life sentence.

The statutes containing the comprehensive list a court may rely on when terminating parental rights can be discovered here.

Do I Need A Lawyer for Termination Of Parental Rights In Arizona?

The termination of parental rights is a very serious matter and you should ideally engage a lawyer to assist in navigating difficult to understand laws and procedures that are mandatory in this process. In situations where DFS has filed a case seeking to terminate your custodial rights, an attorney will usually be appointed to represent your situation at no cost. However, you sometimes get what you pay for.  In circumstances where the other parent has decided to file a case against you, you should seriously think about getting a qualified and experienced attorney to help defend your rights.

Sources:

Martin, Kasio. “Family Law Self-Help Center – Overview of Termination of Parental Rights.” Family Law Self-Help Center – Overview of Termination of Parental Rights, https://www.familylawselfhelpcenter.org/self-help/adoption-termination-of-parental-rights/overview-of-termination-of-parental-rights.
“FAQ about Termination of Parental Rights in Arizona -.” Internet Marketing for Attorneys – Big Mouth Marketing, 3 Jan. 2018, https://www.bigmouthmarketing.co/legal-resources/faq-termination-parental-rights-arizona/.

Need A Family Lawyer In Scottsdale?

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 divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial 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. 480-240-0040 or [email protected]

Written by Canterbury Law Group

Can a Father Take a Child Away from the Mother?

Can A Father Take a Child Away From The Mother

If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.

On occasion, when your child or children are taken from you, it can constitute a crime such as unlawful kidnapping. However, when you are married and there are no custody orders from the court, it remains legal for your child or children to be taken by the other parent until a court issues orders to the contrary. Or, in the case where you are divorced, and the mother has been granted primary custody for the child or children it is not appropriate for the other parent to take them. On the other hand, it becomes more complicated when there is joint legal decision making. You would need to consult a copy of the custody order to ascertain when your child or children can be taken by the other parent. It is crucially important to have an understanding that primary custody is markedly different than joint legal decision-making.

Following visitation or parenting time, the other parent has an obligation to return your child or children or let you collect your child or children.  Both parents can and should follow their family custody orders insofar as they are formal orders by the court, enforceable by law, and by extension, law enforcement officers if necessary.  Should one parent unilaterally elect to refuse return of your children, this act, standing alone, is a violation of a court order which can lead to fines, purge orders, or even confinement should a finding of custodial interference or parental kidnapping be made by the Court.

When You Have Sole Legal Decision Making

  • When there is an ongoing 209A Abuse Prevention Case pending and you have a custody order relevant to it.
  • When as a parent who is not married, you have a court order that states you have primary custody and parenting time.
  • When you are a mother who is not married and there is no custody order, but you are in possession of a court order that states the name of the father of the child or children.
  • When you are a mother who is not married, and no party has been to court to obtain an order stating who is the father of the child or children – this is known as establishing paternity.
  • When you are a divorced parent, or married, and you are in possession of a court order that states you have primary custody for the child or children.

When You Don’t Have Sole Legal Decision Making

  • When you are married and there is not a custody order in place. In that situation physical custody is presumably shared by both parents.
  • When there is a court order stating the other parent and you have shared physical custody.

What Can I Do if the Other Parent Decides to Kidnap Our Child or Children?

It is a crime when the other parent takes your child or children or keeps your child or children away from you when they do not have a right to do so.

The other parent does not have the right to keep or take your child or children from you when you have an order of primary or shared custody. When visitation or court-ordered parenting time has reached its conclusion, the other parent must return the child or children to you or allow you to collect the child or children. The other parent does not have the right to keep your child or children away from you or take the child or children away from you when you have court-ordered parenting time or shared physical custody. In addition, the other parent has no right to keep your child outside of the scheduled parenting time, nor do they have the right to take the child or children without your permission.

In situations where the other parent keeps or takes your child or children when they do not have the right to do so, you have the following options:

  • Contact the police.
  • Encourage local prosecutors to file criminal charges.
  • Go to the Probate and Family Court to file an enforcement motion.
  • If your child or children was taken abroad contact the U.S. State Department.
  • Make contact with the National Center for Missing and Exploited Children.

The Police Can Do The Following:

  • Attempt to find your child or children and then return your child or children to you.
  • Criminal charges can be filed against the other parent in the sole discretion of the local prosecutor’s office.
  • Find your missing child or children by working with the National Center for Missing And Exploited Children.

Note: If you do not have a custody order and you are not married to the father of the child or children, the police may require you to go to the Probate and Family Court to obtain a custody order.

File Criminal Charges

  • A criminal complaint can be filed against the other parent by going to the District Court near you and filing at the office belonging to the criminal clerk.
  • If the other parent has kidnapped your child or children, you can also call the office of the District or County Attorney to let them know.

When You Go to Probate and Family Court

  • You may file a petition to establish custody or paternity depending on whether you are married or not married to the other biological parent.
  • Your family law petition will address the Juvenile or Family Court which may order the other parent to return the child or children to you. Another option is the court can also give an order to the sheriff so they can forcibly bring the other parent to the court. It will be necessary for a lawyer to assist you with this process.
  • File what is known for as “Petitioner for Contempt”. Jail can be a consequence for the other parent if they do not obey the orders if issued.

Contacting the U.S. State Department

Once contacted, the U.S. State Department is able to assist when the other parent takes your child or children outside the boundaries of the United States.

What If the Other Parent Takes our Child but We Are Married and There Is No Court Order of Custody?

In circumstances when there has never been a court order regarding custody and you are married, it is not a crime when the other parent takes your child or children away from your home. Under the law, it is not considered to be kidnapping under the law. To try and get your child or children back, you may be able to obtain the custody order from the Family Court by commencing an action for marital dissolution or legal separation and seeking immediate temporary orders awarding you some level of custody.

How Can I Stop The Other Parent from Taking Our Child Out of the Country?

When you think your child or children may be removed from the country by the other parent, you can request an order from the Probate and Family Court that:

  • Places the name of your child or children on the Do Not Depart list maintained by the federal government.
  • The other parent can be court ordered and forbidden from departing the United States with your children or child.

When the name of your child or children are not on the Do Not Depart list, an alert will be triggered by the Transport Security Administration, known as the TSA, which routinely scans all passports belonging to your child or children when they are at the airport. When this occurs, the TSA will not allow your child or children to proceed further through the airport. In this case, you will need the skills of a lawyer for help with this particular court order. A lawyer can:

  • Demonstrate to the family court judge the need for such an order;
  • Ensure the TSA has full knowledge your child or children is on the Do Not Depart list after orders are issued by the family court judge.

Source: “Can the Other Parent Take Our Child Away?” MassLegalHelp, https://www.masslegalhelp.org/domestic-violence/wdwgfh7/other-parent-take-child.

Speak with Our Father’s Rights Attorneys In Scottsdale

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

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

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

Can A Mother Lose Custody Of Her Child?

Can A Mother Lose Custody Of Her Child

Many fathers think there is a bias in favor of mothers when it comes to custody cases. Indeed, in common parlance, one hears of the mother losing custody a great deal more than the custodial parent (regardless of gender) losing custody of their child or children. This outlook is very understandable, and you can be forgiven for thinking the road to obtaining custody is long and fraught with pitfalls…but the reality is usually different. Remember, certain parental misconduct, regardless of gender, can be just cause for that parent to lose custody of their child or children.

Read on to learn more about how a mother can lose custody over her child or children and what your role might be in the process.

There are two things to keep in mind as you are reading this:

  1. This piece discusses serious acts of misconduct originated by the custodial mother that should be the cause of her losing custody over her child or children. It is not, however, about how a father seeking custody should conduct themselves or take part in litigation that is not needed and not reasonable.
  2. This piece is for fathers who have a goal of obtaining custody over their child or children but as yet do not have a plan in place to achieve that goal. There is no question of the courage required to go to litigation in a case of child custody. When you lack a plan to achieve a goal, it is little more than wishful thinking on the part of the father. You have to seriously ask yourself:  “Am I willing to follow through on this and commit to the process and the results?” – If you are unsure or the answer is a resolute “No” – you are wasting your time reading further.

However, if you possess the skills, courage and fiscal ability to go to family court and expose the misconduct of the mother towards the child or children and then make positive changes in the lives of your child or children, by reading this you are in a great place to proceed!

The Top Reasons for A Mother to Lose Custody of her Child or Children

  • The mother committed acts of physical abuse towards the father or the child or children.
  • The mother committed acts of mental abuse on the child or children and this includes acts and behaviors designed to promote the concept of parental alienation to the child or children.
  • The mother is neglecting the child or children.
  • The mother expresses frustrations or acts in a way that produces custodial interference of father’s parenting time.
  • The mother is violating existing orders of the court.

How Can a Mother’s Physical Abuse of a Child or Children Cause Her to Lose Custody?

Unquestionably, physical abuse is a valid basis for a mother to lose custody of her child or children. Furthermore, as the father, you may be found to be partaking in child neglect if you do not take appropriate action and do not prevent the continuation of said physical abuse. You have a responsibility and a duty to undertake the protection of your child or children. In simple terms, time cannot afford to be wasted and you need to act without delay to remove your child or children from a situation that is physically abusive towards them. A mother may (and very frequently does) lose custody of her child or children in any of the ways described below. But please note, this is not an exhaustive or all-inclusive list.

  • Law enforcement deciding to pursue action following a report of physical abuse towards the child or children.
  • Social services (often known as Child Protective Services or CPS or DES in some areas) receives a report alleging physical abuse of a child or children and then opens a case with the purpose of investigating the allegation. CPS retains the legal powers to physically remove a child or children from a home where they suspect or have evidence of a child or children have been the victims of physical abuse and they often provide custody, albeit on a short-term and temporary basis to other family members or the non-abusive parent. Many times, this is the first step towards what is known as a “dependency” court action.
  • The father goes to a family court and files what is called a “request for order.” This process informs the court of the physical abuse being perpetrated by the mother towards the child or children. In normal circumstances the order requests the court to make a determination awarding sole physical and legal custody of the child or children to the father with the mother of the child or children receiving visitation that is professionally monitored.

The Mother’s Physical Abuse Towards the Father

If the mother has committed acts of physical abuse to the father in the following ways, she can lose custody of her child or children:

  • Law enforcement arrests the mother of the child or children following an act of domestic violence. Normally this means the father will obtain from the police an “emergency protective order” and in some cases the criminal law judge will issue what is called a criminal protective order. This happens when the mother is going to be prosecuted by the city attorney or the district attorney.
  • The father requests sole physical custody and sole legal custody when filing with the family a court a domestic violence restraining order petition that will most likely include terms for supervised levels of visitation for the mother of the child or children.

Can Emotional Abuse Perpetrated By the Mother of a Child Or Children Cause Her to Lose Custody?

Here are some of the most frequently experiences forms of emotional abuse that can be inflicted by a mother towards a father or a child or children. Again, this list is not exhaustive or all inclusive:

  • Verbal abuse from the mother aimed at a child or children. Usually in the form of disparagement, belittling or badgering and often by the means of shouting at the child or children for reasons that cannot be rationally justified.
  • The mother working to isolate the father in the mind of a child or children by utilizing what is known as parental alienation.
  • Although very difficult to provide convincing evidence to back up…the assertion emotional or love support is being withdrawn or has been withdrawn from the child or children.
  • Emotional and/or physical abuse of a sibling or the father. If a mother exposes a child to the aforementioned abuse, these are legitimate and correct grounds that the mother may lose custody of the child or children as a result of her actions.

How Serious Does Neglect Have to Become for a Mother to Lose Custody of Her Child or Children?

Serious neglect is undoubtedly a correct, proper and legitimate basis for a mother to lose custody of her child or children. Obviously, parenting is not a perfect process and even the strictest family law judge appreciates this fact and that parents may make unintentional mistakes. However, a mistake is very different from a parent exercising poor judgment on a consistent basis throughout the lives of their child or children. When a mother chooses to seriously neglect the safety, the wellbeing, health, education of her child or children it is very clear these derelictions of duty should be just cause for the mother to lose custody of her child or children.

Can A Mother Lose Custody of Her Child or Children Because of the Frustration Of Parenting Time?

There is a lack of a specific legal definition for frustration of parenting time but it can be summed up as: consistent and unreasonable limitation or interference with the parenting time of the other parent. There are at least three different reasons why this should be a justified cause for a mother to lose custody of her child or children:

  • It shows a lack of respect and for the dignity of the father and his role in the life of the child or children when a mother continually frustrates the parenting time of the father.
  • It displays a refusal or lack of ability to co-parent.
  • It is indicative the mother is capable of engaging in more destructive behaviors and conduct that will be detrimental to the lives of the father and the child or children. When this issue is not addressed at the outset, the next step the mother often takes is actively causing parental alienation, further separating the physical and emotional bonds a father has with his child or children.

If A Mother Violates A Court Order, Is This Cause For Her To Lose Custody Of Her Child Or Children?

Another type of misconduct is when court orders are violated. As you would imagine, the seriousness of the violation committed should be a reflection of the seriousness of any resulting consequences. Even if a mother is routinely a few minutes late dropping off or picking up her child or children, it is very unlikely this will result in any change of the outstanding custodial arrangements. Conversely, let us say a mother decides to interpret that the parenting time of the father is merely a suggestion by the court that she can use her discretion as opposed to a court order – this will represent a violation of a very serious nature and may well lead to the custody of a child or children being transferred to the father.

What Steps Need To be Taken For a Child Or Children To be Extracted From the Custody of A Mother?

This is dependent on whether the father already has a child custody order in place.

When Married Parents Do Not Have A Child Custody Order In Place

When the father is still married to the mother and no divorce has been filed – the father has to make a determination regarding the current situation. His options are:

  • Commence and file a formal dissolution of marriage case.
  • Start the process of legal separation.

When the parenting issue has become so strained it is just another indication the marriage is beyond reconciliation, fathers would be wise to do the following regarding the treatment the child or children receive from their mother:

  • Document mother’s misconduct and make a reasonable effort to communicate in order to get to a stage where the misconduct stops. The documentation can be in the forms of written or electronic communication with the mother.
  • The father will need to speak with an attorney nuanced in family law should the misconduct of the mother continue. Together, the father and the family law attorney can review the situation and look at further options.
  • The father should file a request with the court for an order for an appropriate amount of parenting and custody time, should the father move forward with a child custody petition, legal separation or marriage dissolution.

When Unmarried Parents Do Not Have A Child Custody Order

In this situation the father will need to file what is known as a paternity action. Once filed, the petition is served through the appropriate channels to the mother of the child or children. At the same time, the father will need to obtain appropriate child parenting time and child custody by filing and serving a request for order of such with the court.

When Parents Have A Custody Order

In these circumstances, a father may have several options. please note this list is not exhaustive or all-inclusive.

  • Following communication between the father and the mother, a violation that has been documented may result in an attempt at the parents achieving a private resolution without further intervention from the court.
  • A father can attempt to show cause against the mother by the filing of a contempt order with the purpose of providing evidence that Mother’s conduct violated existing court orders.
  • A father may make a determination he wishes the court to seek a parenting time or modification of child custody order. Depending on the severity of the violations the mother has inflicted on her child or children will be a material factor in the decision of the father to pursue not only the sole physical custody of a child or children but also consideration should be given to whether the father also wants to obtain sole legal custody of the child or children.

Is The Custody order From A Judgment?

The options mentioned above are applicable if the father has a custody order following a final judgment. That said, if a father seeks a modification of legal custody or seeks significant change to parenting time, he usually has to justify this to demonstrate why this will be in the best interest of the child or children. This should not be a struggle if the misconduct and poor behavior of the mother of the child or children is of a serious nature to give reason the mother should lose custody of the child or children.

Next Steps

When fathers have to deal with mothers who are being very unreasonable and even malicious when the father is trying his utmost to fulfill and take seriously his responsibilities as a father, he should, without delay, seek intervention from a court. There is no doubt the life and wellbeing of your child and/or children are fully worth your effort and time. To not act, risks your child or children being further exposed to a destructive, unhealthy or unsafe environment that may have a negative and lasting impact on their current and future lives.

Speak with Our Father’s Rights Attorneys In Scottsdale

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

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

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

Are Your Fathers’ Rights Being Violated?

Are Your Fathers Rights Being Violated

When a court has issued visitation and child custody orders, parents have an obligation to follow them. When a parent does not do this, there are several options open to the other party, depending on how severe the outstanding issues are. Mothers can face serious consequences including a jail sentence, the payment of attorney fees and maybe even the loss of any custodial rights, should the mother violate the rights of a father. Read on to learn more about this important subject that can have a huge impact of the lives of families.

Custody Violations and Custody Decisions

There are several types of custody a court can make but in essence they are dealing with the assignation of child custody to one or both parental parties. Popular custody types include:

  • Primary Custodial Parenting Time– the child or children resides with only one of the parents
  • Sole Legal Decision Making– one parent has the complete responsibility for the welfare, health and education of the child or children
  • Joint and Equal Parenting Time – both parties have large amounts of physical visitation with their child or children
  • Joint Legal Decision Making – both parents share equal responsibility for the decisions regarding a child or children’s welfare, health and education

A mother can face an accusation of violating the rights of a father if she does not uphold her court-mandated responsibilities to the child or children, or if she decides to interfere with the ability of the father by making it difficult or impossible for him to invoke his custodial rights. Courts view paternal rights very seriously including the rights a father has to be a co-parent in the raising of his child or children. Judges tend to reject a parent’s credibility when one parent purposefully or even accidentally interferes with the responsibilities and rights of the other party or acts as a damaging influence in the relationship a parent has with their child or children.

Visitation

Parents’ parenting time rights are shared via written court orders including the times and dates when a parent may invoke custody rights. The court order may be more specific and clearly make a determination regarding child transportation and locations where the kids can be collected at the start and end of a visitation. Both parents are strongly urged to stick to the mandated court schedule yet remain flexible to accommodate reasonable needs of the other parent. When the court ordered schedule is deviated against your wishes for multiple weeks or months, it is usually best to head back to court and have a legal modification completed to the court order. If a new schedule has been verbally agreed by the parents and the mother then commit a violation of said schedule, the father may be in a position whereby he is not able to obtain the legal enforcement of the previously stated verbal agreement.

Can A Mother Violate The Rights Of A Father?

Here are some of the common ways a mother can violate a fathers’ rights:

  • Mother’s unilateral scheduling of activities during Father’s custodial parenting time, thereby making it impossible for father to be able to spend time with his child or children to the extent allowed under the terms of the court ordered visitation schedule;
  • Encourages others or takes part in ridiculing the father with the purpose of discrediting the father and his relationship with his child or children;
  • Without permission or agreement with the father, takes the child or children and permanently moves them to an out of state location;
  • Uses the child or children as a message boy or girl to the father or involving the child or children in any issues regarding divorce proceedings or custody issues with a goal of disturbing the time a father has with his child or children;
  • Does not co-parent with the father of the child or children;
  • When the father is behind on child support, the mother denies him access to the child or children;
  • Mother does not adhere to an established schedule and frequently has the father waiting on her to deliver or collect the child or children;
  • The mother neglects to include and involve the father of the child or children when he has joint custody in making decisions regarding the upbringing of the child or children; and
  • Subjects the father to accusations of child neglect and/or abuse of his child or children despite knowing what she is saying is false.

Recourse When a Mother Violates The Rights Of A Father

The first thing a father should attempt is communication with mother but not when a restraining order against you is not already in place. If this is the case, you need to speak to a family law attorney without delay to initiate conversation with the attorney of the other party. It will be of great benefit to keep a documented record of the times, dates and methods used by the mother whenever a violation of your rights has occurred. Should the mother make a decision to continue with the violation of your visitation or custody rights, you can call the local police department and they have the means to enforce the orders of the court. If the mother refuses you access to your child or children, help can be obtained from the local district attorney’s Child Abduction Unit. And of course, you should let your attorney know about any involvement of law enforcement in the scenario you are facing.

If you desire, a contempt court action can be filed by your attorney against the mother of your child or children. A contempt hearing can then be scheduled and a Judge will make a determination if the mother is indeed in violation of the established court custodial orders. If this is found to be the case, the court can do some or indeed all of the following in their judgment:

  • Permit the father additional visitation rights to his child or children by making a change to the established custody order;
  • Grant the father primary physical custody of the child or children, thereby again changing the established custody order;
  • Change the custody order to give the father sole legal custody;
  • Make an order where the mother can only have visitation which is limited to “supervised visits”;
  • Impose a jail sentence or fines on the mother for contempt of court; and
  • As the father had to bring the contempt of court action, the judge may decide the mother is responsible for the legal fees of the father.

Source: Wallin, Paul. “Consequences Mothers Face for Violating Father’s Rights: WK.” Wkfamilylaw, 17 Dec. 2018, https://www.wkfamilylaw.com/consequences-mothers-face-violating-fathers-rights/.

Speak with Our Father’s Rights Attorneys In Scottsdale

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

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

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

What Is A Prenup Agreement

When you are very much in love and about to become a spouse, there may be a tricky issue to negotiate regarding a prenuptial agreement. Often defenses are raised and fear and distrust can breed. However, it can help if you remember the purpose of a prenuptial agreement.

Prenuptial Agreement Definition

Entered into before marriage a prenuptial agreement sets forth what will happen to the assets of you and your spouse should you decide to separate, divorce or should one of you pass away. It can also preserve the nature of property when a marriage is terminated. So separate property remains separate as opposed to being subjected to equitable distribution laws or being deemed community property.

Increasingly popular, prenuptial agreements help people when they have, for example, focused on their careers prior to a delayed marriage. So often, both parties have assets they want to protect before entering into a marriage contract. Prenuptial agreements are also a frequently chosen option when one partner has children from a previous marriage. This agreement makes sure the separate property of a spouse goes to their own children as they intended.

Very often the greatest area of contention in the divorce process is regarding how money and property should be divided. Prenuptial agreements are popular with couples who do not want a court to decide on the distribution of assets should the marriage come to an end. This is a case where the forward planning of a prenuptial agreement can save a great deal of heartache further down the road. Prenuptial agreements can also help in the following ways:

  • You can protect the assets you gathered before your marriage and specify what you want to do with them. For example, donate to a charity or pass them along to your children.
  • Finances can be taken care of. So you can specify whose debt is whose and what will be shared and what will belong to the individual.
  •  Assets and financial details can be managed by having a prenuptial agreement that states who handles those details.
  • The rights of a spouse to your retirement plan can be waived by a prenuptial agreement so there can be a different beneficiary.
  • When there is a large financial disparity in a relationship, a prenuptial agreement can work as a safeguard by controlling asset distribution brought into the relationship.

What is the Purpose of a Prenup?

Ultimately a prenup gives the right for individuals to decide how to manage their assets before marriage. It is more than just a case of not trusting your partner. It is about respecting what your future spouse has and giving them the ability to decide what they want to do with their assets.

Source

“Definition of a Prenuptial Agreement.” Legalzoom.com, 20 Feb. 2015, www.legalzoom.com/knowledge/prenuptial-agreement/topic/prenuptial-definition.

Contact Our Prenuptial Agreement Lawyers in Scottsdale

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*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. 480-240-0040 or [email protected]

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