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Types of Family Law Attorneys & Cases

Types of Family Law Cases And Attorneys

Family law deals with a broad range of services all connected with family matters. Some people think divorces are the mainstay of family lawyers’ practice. The reality is family lawyers handle many kinds of cases, often to do with the family formation or dissolution. In this post, we are going to look at the type of cases a family lawyer handles. Some family lawyers opt to specialize in one or two areas and others handle a wide gamut of family law services.

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Divorce Lawyers

You may already be knowledgeable regarding divorce lawyers if you have already gone through a divorce. Their task is to provide guidance as you navigate through a separation and/or divorce, working alongside you to get the best possible outcome. They are able to assist you with negotiation regarding matters such as who will get the house, who will pay alimony (if anyone,) how assets will be divided and how the liabilities of marriage will be split.

On many occasions, a divorce lawyer will be able to procure the results you desire without going to trial. In a small number of cases, a trial will be needed. Should this occur, you will be represented by your lawyer throughout the process.  Only about 3 to 5 percent of divorce cases actually go to trial.

Sometimes, the cost of attorneys is beyond the reach of divorcing couples or maybe they decide they do not want to pay high private attorney fees. A legal advocacy group can be of great benefit in these situations. They handle the issues an attorney would usually take care of and helps their client achieve an equitable and fair settlement for their divorce.

Paternity And Child Custody Lawyers

When the paternity of a child is questioned, a family lawyer can help either parent to disprove or prove paternity. When a man has paid child support for a child, he turns out not be the father of or if he was not paying child support for a child who is biologically his, help is needed from a paternity attorney.

Both parents can be helped by an attorney when they need to build a parenting plan when their relationship or marriage breaks up. They can assist their client to get joint legal and physical custody. Similarly, if a parent seeks sole custody, an attorney can also help when it is in the child or children’s best interest to be placed largely with one parent over the other.

When addressing child support disputes, a child custody attorney can also help. A family attorney can help with negotiation in working out which parent should make payment, the amount of the payment as well as the expenses each parent has responsibility for covering.  If an agreement cannot be reached, the lawyer can help you take the other parent to court to maximize your child support recovery.

Marriage And Civil Union Lawyers

A couple who are entering a domestic partnership, civil union or marriage may need the services of an attorney so they can draw up a prenuptial agreement or be counseled on assets or other legal matters such as a family owned business. On occasion, couples who are already married may arrange a postnuptial agreement to change the contractual status of assets and liabilities between them. In both instances, you can rely on a family law attorney.

Family Law Lawyers Dealing With Abuse

Child abuse and all forms of domestic abuse are serious issues a family law attorney may be capable of handling. They can work for the individual who has been abused or for the person who has been wrongfully accused of abuse. They can assist the victim to file a lawsuit or restraining order or they may help a spouse who has been battered seek monetary compensation for emotional trauma and medical expenses. When a lawyer is hired by the party accused of abuse of their child or spouse, they may be able to assist in establishing proof the incident or incidents did not happen or that they were innocent or acting in self-defense. They may also assist a parent who has previously been abusive to gain rights of visitation that are often supervised with their child or children.

Adoption Lawyers

You may need the services of an adoption lawyer when you want to place a child for adoption or when you are seeking to adopt a child. An adoption lawyer can assist in finding a legitimate agency and ensure legal paperwork is filed correctly. They can also assist with adoptions by stepparents and same-sex couple adoptions. Should there be unforeseen legal issues resulting in a court case, the adoption lawyer can also represent the client.

Guardianship Lawyers

When you are looking at obtaining guardianship over a minor child who is not your own, the services of a family attorney can be very helpful. Guardianship can include adults who have developmental issues and dementia as well as a child or children. In the case of a child who because of their health will also need guardianship when they reach adulthood, a family lawyer will be required to facilitate the required paperwork. When you have a child or children in your family who are unable to be taken care of in an appropriate manner by their parents, a family attorney may be able to assist you in obtaining custody, hence avoiding the need for the child or children from entering the foster care system.

In situations where a child (or children) of yours has entered the foster care system, a family attorney can provide guidance with the steps required to re-obtain your child or children. They can also refer you to a counselor, social worker or other trained professionals whose skills can be utilized with the purpose of reuniting you with your child or children.

It is important you find a family attorney whom you feel comfortable working with and who has experience in cases that are similar to the situation you are encountering. Just because you have used a certain family lawyer in the past, it does not mean they are the best option if you are now dealing with different issues. Also, it is worth remembering it is not always necessary for you to pay the high fees usually associated with a private lawyer. Legal groups such as National Family Solutions can represent you and be less expensive, depending on the issues you are facing.

Types Of Family Law Cases

Family cases are considered civil cases, usually covering issues involving spouses, children or parents. Here are the most common issues a family court handles:

  • Termination of Adoptions and Parental Rights.
  • Domestic Violence and Protective Orders.
  • Child Custody and Paternity.
  • Name Changes.
  • Marriage Dissolution.
  • Juvenile Matters.
  • Guardianship.
  • Estate Planning
  • Emancipation and Approval of Underage Marriages.
  • And more…

Sources

  1. “What Types of Family Law Are There?” National Family Solutions, 8 Mar. 2018, www.nationalfamilysolutions.com/what-types-of-family-law-are-there/.
  2. Interactive, Proof. “Types of Cases.” Family Law Self-Help Center, www.familylawselfhelpcenter.org/self-help/getting-started/court-basics/types-of-cases.

Need a Family Lawyer in Scottsdale?

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

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

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How Child Custody Is Determined In Arizona

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In the last few years, Arizona has completed an overhaul of custody laws. Essentially moving to a model based on “parenting time” and “legal decision making” as opposed to the terminology previously utilized for custody issues. In January 2013 this move took effect and signified a shift of emphasis towards making joint parenting a priority as opposed to the older legislative model that tended to use every other weekend style custody arrangements and that Mothers would no longer be favored over Fathers automatically as the parent with primary custodial responsibility.

Although there has been a change in the statutory language and terminology used, child custody determination still use legal decision making in an effective manner. Primarily, the determination of parenting time and legal decision-making reflect which of the parents have the right to make certain decisions on behalf of the child or children as well as how much time the individual patent gets to spend with the child or children.

The following discusses how Arizona courts make their determinations of parenting time and legal decision-making.

Determining Legal Decision Making

Based on the best interests of the child, Arizona decided to replace legal custody with legal decision making authority. This means legal decision making allows parents to make important decisions regarding the life of a child or children. These can include, personal care, education, healthcare, and religion. The courts will consider “all factors that are relevant to the child’s physical and emotional well-being”, as outlined by  A.R.S. §25-403. – when making a determination of which parents will have this authority.

There are many factors which courts consider that are specifically mentioned in this particular Arizona statute including:

  • The adjustment of the child or children to their school, community and home environments
  • The child or childrens’ relationships and interactions with siblings, parents and other people who can have a significant effect on the best interest of the child or children
  • The physical and mental health of the parents
  • An examination of the parent and child or children’s past, present and potential future parental relationships
  • If the child or children are of a suitable age, their personal wishes of who they wish to primarily reside with
  • A determination of whether child abuse or domestic violence has been a feature of the home life of the child or children

In summary, the court examines many factors when the court determines which parent should have the authority of legal decision-making. Once everything has been given due consideration, the court will decide to give sole legal decision-making authority to one parent or joint legal decision making authority to both parents. Most similar in form to being granted sole custody, sole legal decision-making authority means one parent is granted the authority to take the major decisions regarding the life and welfare of the child or children. Conversely, both parents will have an obligation to work together if joint decision making is granted by the court.

Legal Decision-Making Considerations

The other primary part of custody is known as “parenting time.” This determines how much time a parent is authorized to physically spend with their child or children and decisions are made by the court using the principles of the “best interests of the child.” A.R.S. §25-403.02 states that parents in Arizona have to submit a mandatory plan of parenting if both parents are unable to come to an agreement regarding the time each parent will spend with their child or children. Because the courts will always make a decision based on the child’s best interest, it is worth noting the determination of joint legal decision-making may not necessarily justify equal parenting time. In a similar vein, the parent who lacks the authority to make decisions is still entitled to a meaningful and productive relationship with the child or children. Only in the case where a parent is not in a fit state to be with their child or children (often for reasons such as child abuse or substance abuse), it is very likely both parents will be granted enough time by the court to continue developing a meaningful relationship with their child or children. As ever, the actual time will be determined by what is in the best interests of the child or children.

Non-Considered Factors

Many people think the female parent will be automatically awarded as the primary caretaker of the child or children. This is simply no longer the case in Arizona.  The parent’s enthusiasm and relationship with the child are paramount. The wealth of the parent or their socioeconomic status has almost nothing to do with the Court’s decision.

Parents only have to provide adequate and safe accommodation for the child or children. The court will not always grant custody to the parent who happens to be more affluent. Both parents should be able to provide comfortable living conditions, cleanliness and the ability to provide for the healthcare of the child. Regarding religion, it is important to be reminded of the fact the court will always act in the best interests of the child or children. Providing the religion of the parent does not cause harm to the child or children – the religion of the parents are not grounds for parental duties disqualification.  Put another way, Mom goes to her church on her days, and Father does or does not attend his venue with the children on his days.

Other Important Considerations

  • In Arizona, family law courts have the ability to grant both joint and sole custody. It is more common for sole custody to be granted when the parties cannot reach a mutual agreement
  • If you use unsubstantiated or false allegations of neglect or abuse against the other parent – it will be used against you by the courts in the process of decision-making; be very careful what you allege in your papers, they are tendered under penalty of perjury
  • The more mature or older the children or child will be increasingly considered (e.g interviewed)  in the legal process
  • Remember the parent who is more open to negotiation and communication with the other parent is often more likely to obtain primary custody or the majority of the children or child’s guardianship

When both parents submit a written plan for parenting and are open to communication and negotiation, the court will grant joint custody on the occasions it is in the best interests of the child or children. Families settle on a successful custody situation in more than 95% of the cases outside the court system in an amicable manner. However, if you are unable to make a mutually successful achievement on a child custody agreement, talk to a family law attorney to investigate your options in achieving resolution via litigation.

Sources:

Hg.org, www.hg.org/legal-articles/how-is-child-custody-determined-in-arizona-29809.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and 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
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Arizona Breastfeeding Laws & Visitation Rights Breastfed Babies

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

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

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

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

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

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

Arizona Breastfeeding Laws

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

A.R.S. 41-1443

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

A.R.S. 13-1402

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

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

What clothing do I need for breastfeeding?

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

Do I need to use a nursing cover?

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

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

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

What if someone complains and doesn’t approve?

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

Source

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

Family Law Consultations in Scottsdale

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

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

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Divorce
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How to 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.

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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

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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
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What Is Family Law?

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

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

Helpful Terms

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

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

Reasons To Hire A Family Law Attorney

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

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

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

Related Practice Areas

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

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]

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How Long Does A Divorce Mediation Take?

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

How Long After Mediation Is Divorce Final?

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

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

What Happens After A Divorce Mediation?

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

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

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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
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How Much Does Collaborative Divorce Cost?

On average collaborative divorce costs $7,500. Collaborative divorce costs ranged from $5,000 to $10,000 per spouse in the US for 2019, according to Equitable Mediation. However, Canterbury Law Group has navigated many divorce collaborations for less than $10,000 in legal fees per spouse.  This is a far cry from the tens of thousands of dollars that other couples will inevitably spend in contested divorce litigation in a court of law, not to mention the high emotional cost in traditional divorce cases.

*Disclaimer – These collaborative divorce fees are always changing and this is not an actual quote. If you need an experienced collaborative divorce lawyer in Arizona, contact Canterbury Law Group today to start your initial consultation.

How Much Does Collaborative Divorce Cost in Arizona?

On average, Arizona collaborative divorce costs about $10,000 per spouse.

What is Collaborative Divorce?

Unlike traditional litigated divorce cases where both sides are dug in, and legal meters are running full bore each month, collaboration is quite the opposite.  A team of family law professionals is assembled and there is a group push towards resolution.  Usually completed after 3 or 4 group meditation sessions, and within 60 to 90 days, you will have your divorce in hand almost overnight compared to your friends and colleagues slogging their way through a multiyear litigated divorce costings them tens of thousands of dollars.  Do not be penny wise and pound foolish.  Society has evolved in all facets of life—including divorce, why keep doing things in a time consuming and expensive way, when instead you can go through a transformative process of collaboration where only you and your spouse make the big decisions, and not a stranger in a black robe.  Collaborate, do not litigate.

Learn more about Collaborative Divorce In Arizona

Affordable Collaborative Divorce Lawyers in Phoenix & Scottsdale, Arizona

(480) 744-7711
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Canterbury Law Group should be your first choice for when you need the best collaborative divorce lawyers in Arizona including Phoenix and Scottsdale, Arizona. Our experienced Arizona family law attorneys will work with you to obtain the best possible outcome.  You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

Collaborative Divorce, Divorce & Legal Separation, Family Law, Scottsdale Divorce
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Legal Guardianship in Arizona

In Arizona, an adult may obtain legal guardianship over a minor or an incapacitated adult with approval from a court. The person for whom a guardianship is established is known as the ward. Legal guardians have specific responsibilities including providing their wards with protection, support and care. Have questions about obtaining legal guardianship in Phoenix or Scottsdale Arizona? Contact Canterbury Law Group’s Guardianship Lawyers today.

(480) 744-7711
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What Is Guardianship?

Guardianship is an appointment made by the court for a specific entity or individual to make personal decisions and provide care for an adult who is incapacitated or for a minor.

The title given to the person to who a guardian is appointed in the above process is known as a ward.

A ward is an adult who is unable to communicate or express reasoned decisions for themselves to protect their own interests and welfare because of some physical or mental condition. Similarly, minors are made a ward because they cannot legally take those decisions for themselves.

Who Serves As A Legal Guardian?

An entity (for example, a private fiduciary holding a license to act as guardian for someone and receives payment for such a service) or an individual may serve as a guardian of an incapacitated adult or a minor. Usually, a public fiduciary does not act as a guardian on behalf of a minor.

In the case of a minor, the court will appoint a person who will act in the minor’s best interests. A guardian may be nominated by a minor ward who is 14 years in age or older.

Any competent person may be appointed guardian for a person who is incapacitated. Although the law states a list of priorities for this appointment, the court may appoint someone with a lower priority if it is deemed to be in the best interest of the ward. The highest priority will go to someone who has already had guardianship in another county or state. Then from highest to lowest the priority includes the adult nominated by the ward (if the court thinks the ward has the capacity to make an intelligent decision), a person nominated in the ward’s power of attorney, the spouse of the ward, an adult child of the ward, the wards parent, a person who was nominated in a Will or any relative who the ward has lived with for more than six months.

Before being appointed as a guardian, the individual is required to provide background information to the court, such as previous occasions the person acted as a guardian on behalf of someone, any felony history, and other information.

Establishing Child Guardianship In Arizona

In the state of Arizona, a “Consent Guardianship” gives parents the written consent option to grant legal authority of a child to a non-parent. This also allows for the withdrawal of consent and the authority of Guardianship. Also, this also means a non-parent cannot petition for Guardianship if contested by one of the parents. In a situation like this, the non-parent may attempt to establish custody of the child through what is known as a “non-Parent Custody” position. Contact Canterbury Law Group today if you are seeking a Consent Guardianship in Arizona.

Who Grants Legal Guardianship?

In Arizona, the legal guardianship of a minor will be granted by a probate court or a juvenile court. You may think of probate courts as places that oversee proceedings of probate and administering wills. However, these courts also appoint guardians. It is a requirement of Arizona law that individuals wanting to obtain legal guardianship over a minor to give the minor child’s parents and/or custodian a 60-day notice before the filing of a petition for guardianship. Furthermore, an individual wishing to obtain legal guardianship over a minor child must have to prove to the court that the guardianship is in the best interest of the child. When petitioning for the guardianship of an adult, the petitioner also must file in probate court as well. He or she must notify the proposed conservators of the ward, any adult children and current guardians.

How Is Guardianship Appointed?

A guardian may be nominated by any interested person who files for the appointment of a guardian with a court. Additionally, it may be nominated by a Will. An adult who is incapacitated or any person concerned with the welfare of said incapacitated adult may also petition the court for a finding of incapacity and the appointment of a guardian. You can download the forms for obtaining the appointment of a guardian at: https://superiorcourt.maricopa.gov/ and then clicking on “self-service center” and on “forms.”

Notice of the place and time of the hearing has to be personally served on the potential ward and specified by statute given to the other persons, who include the alleged incapacitated person’s spouse, adult children, parents, anyone currently serving as a conservator or as a guardian or anyone who has custody and care of the person as long as anyone else who asked to be notified and if it is the case there is no one to give notice then the closest living relative will be given notice.

An adult ward named in a petition of guardianship must be represented by an attorney. The ward may also choose to use an attorney with who the ward has a professional and established relationship. Or the court may appoint an attorney on behalf of the ward. The court also must appoint a court investigator and a physician who must submit reports to the court prior to the date of the hearing, after conducting an interview with the potential adult ward. The potential ward is, of course, to be present in person at the live court hearing.

For a minor guardianship, there is not a need for a report from a physician, and no attorney is appointed on behalf of the minor. Additionally, the minor’s parents, in this kind of guardianship must give their written consent to the appointment of a guardian on behalf of their minor child.

In certain circumstances, the court may appoint a guardian temporarily for a specific period or a specific purpose.

When Can Guardianship Be Granted?

Guardianship may be granted by a probate court ifs the parent of a minor child left instructions in their last will and testament. This is known as a “testamentary appointment.” Furthermore, an individual may petition the court for legal guardianship in a case where the court has decided to terminate the parental rights of the ward’s proposed parents. A court may grant legal guardianship when an incapacitated adult requires supervision and care.

How Long Does Guardianship Last In Arizona?

Guardianship may last until a minor child reaches the age of legal adulthood which in the state of Arizona is 18 years old. Usually, if guardianship is objected to by the parents of a minor child and their parental rights have not been terminated, they may petition the court for a guardianship termination, even if they consented previously.  Guardianship is also terminated upon the death of the ward.

Guardian Duties

The responsibilities and powers of a parent are like those of a guardian. A guardian may make personal choices for the ward relating to living arrangements, social activities, education and the withholding of professional or medical care, advice and treatment. The guardian must always ensure the decisions that are made that serve the ward’s best interest. The guardian must always ensure the ward is living in an environment that is the least restrictive in which the ward can remain safe.

The guardian also must submit a written report to the court on an annual basis on the date on the anniversary of the guardian’s appointment. This report must contain information on the living and health conditions of the ward as well as an up to date report from the ward’s physician.

Can You Avoid Appointment Of Guardian?

Often if the adult has executed a valid Mental Health Care Power of Attorney, Health Care Power of Attorney for the end of life decisions, a Living Will, it may be that a guardianship is not needed. All these forms can be found under Life Care Planning at https://www.azag.gov/. An adult may only appoint an agent under the power of attorney if the adult is competent enough to understand the power of attorney documentation. Even if the adult successfully completes the living will and powers of attorney, they could still be subject to a guardianship proceeding. If someone thinks the person nominated to be the health care power of attorney is not acting in a way that is in the best interests of the incapacitated person, they can file a guardianship petition with the court.

Two Types Of Legal Guardianship In Arizona

There are two kinds of guardianship a person may petition the court for. However, they are different, and each has specific requirements to be met.

Title 8 Guardianship

  • You do not need the consent of both parents, but Title 8 Guardianships are more difficult to obtain.
  • Against the parents’ wishes, someone may apply for guardianship if they think it is not in the best interest of the child to remain with a legal parent (e.g. the parents are abusing drugs or alcohol or the children).
  • Juvenile court grants the guardianship.
  • These guardianships are permanent meaning the child will remain in your care until they are either 18 years old or the guardianship is revoked by a court order.
  • There will be a hearing when attempting to obtain a guardianship. There will be evidence and testimony involved if a parent disagrees with the guardianship. The court may appoint a person to represent the child and make recommendations to the court as to what the best interests of the child are.
  • These guardianships are also more difficult to terminate. Whoever wishes for a termination of the guardianship, must file a petition to do so. Once again, a hearing will be set, and testimony will be taken to determine if it is in the best interests of the child to terminate.

Title 14 Guardianship

  • Although easier to obtain, Title 14 Guardianships must have the consent of both legal parents. The only exception to this is if a parent is deceased or their rights have been legally terminated.
  • These are often used for short term guardianships. For example, if a parent is vacationing, out of town, working or during times of deployment abroad.
  • The probate court grants the guardianship.
  • The guardianship can be ended at any time by the legal parent. It is virtually impossible to prevent them from ending the guardianship.
  • The legal parent must request through the court revocation of the guardianship and a hearing is then scheduled.

What Type Of Guardianship Is Best For Your Situation?

Guardianships are often complex and complicated especially when a legal parent contests the guardianship. You will want to consider the situation carefully before filing for the guardianship of a child. If you are aware both parents want only a temporary guardianship and both are willing to give consent to this, you will want to file a Title 14 Guardianship.  Even with the consent of both parents but you require the guardianship to stay in place for an extended period, then you’ll want to file a Title 8 Guardianship. If both parents are non-consenting, you have no option and indeed are required to file a Title 8 Guardianship.  There are no guarantees that you will prevail at court.

How Long Does The Guardianship Process Take In Arizona?

This is dependent on the kind of guardianship you are filing and whether you have the consent of the parents or not. Both Title 14 and title 8 move very quickly indeed if both parents give their consent. It may even be completed within the time frame of just one month. However, if a parent does not give consent, understand there may well be multiple hearings scheduled together with evidence gathering and investigations. This can all take several months or a year to complete and assemble. Therefore, it is very likely you will not have guardianship immediately. In the case that you believe this is an emergency, you can request the court put in place a guardianship that is temporary until all the other steps are completed for it to become permanent.

Do You Need An Attorney To Obtain Guardianship?

If you have the consent of both parents and you are good at handling paperwork, you should be able to accomplish this on your own. However, if you are not especially detail-oriented and one of the parents is not consenting, it is highly recommended you speak with an attorney who has dealt with both Title 8 and Title 14 guardianships.

Non-Parent Child Custody In Arizona

In Arizona, Arizona Revised Statute §25-415 entitled “Custody by Non-Parent define who and how a non-parent can gain custody of a child that is not theirs. A non-parent can file a petition in the County Superior Court where the child permanently lives or is currently located. The petition must include detailed facts that support the Petitioner’s right to file the petition, and they have an obligation to provide notice to all the following:

  • The parents of the child.
  • A person with visitation rights or Court ordered custody.
  • The child’s Guardian ad Litem or guardian.
  • An agency or person that has physical custody of the child or who claims to have visitation or custodial rights.
  • Any agency or person who has previously appeared in the action.
  • The Court will summarily deny the petition unless it discovers the Petitioner pleadings establish all the following are accurate and true:
    • The person who files the petition stands in loco parentis to the child.
    • It would be “significantly detrimental” to the child to remain or be placed in the custody of either the living legal parents of the child who wishes to obtain or retain custody.
    • A Court of competent jurisdiction had not approved or entered an order concerning the custody of the child within one year before the person who filed the petition under this section unless there is a reason to think the child’s current environment may seriously endanger their physical, moral, emotional mental or moral health.
  • Or if any single one of the following applies:
    • One of the legal parents is deceased.
    • The legal parents of the child are not married to each other when the petition was filed.
    • And when there’s a pending proceeding for Dissolution of Marriage or for Legal Separation of the legal parents at the time of the petition being filed.

There is a “rebuttable presumption” available if a person other than the legal parent of the child is seeking custody that it is in the best interest of the child to award custody to the legal parents because of the psychological, emotional and physical needs of the child to be reared by the legal parent of said child. To rebut this presumption, the non-parent Petitioner must chow “clear and convincing evidence” that the awarding of custody to the current legal parent is not in the best interests of the child. Additionally, the Superior court may grant a person who stands as loco parentis to a child. This would include grandparents and great-grandparents, who meet the requirements of: Arizona Revised Statute §25-409 – this assures “reasonable visitation rights” to the child on a finding that it is in the child’s best interest to receive visitation and that any of the following are true:

  • One of the legal parents has been missing for at least three months or is deceased.
  • The legal parents of the child are not married to each other at the time of the filing of the petition.
  • There is a proceeding that is pending for Dissolution of Marriage or the Legal Separation of the legal parents at the time the petition was filed.

A grandparent or great-grandparent who stands in loco parentis to a child may want a proceeding for Visitation Rights with a child. They must file a Verified Petition in the county where the child has been found or is a permanent resident. Click Grandparent’s Rights to learn more about the options available for Grandparents Visitation. For a free initial consultation contact us by email or call The Canterbury Law Firm for an appointment, today!

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

Sources

  1. State Bar of Arizona. “A Guide to Guardianship and Conservatorship.” State Bar of Arizona, www.azbar.org/legalhelpandeducation/consumerbrochures/aguidetoguardianshipandconservatorship/.
  2. Redsteer, Andrine. “Legal Guardianship in Arizona.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/legal-guardianship-arizona-21520.html.
  3. “Quick Guide to Guardianship Types in Arizona > My Modern Law.” My Modern Law, 12 Jan. 2018, mymodernlaw.com/quick-guide-to-guardianship-types-in-arizona/.

Speak With Our Guardianship Lawyers in Arizona

(480) 744-7711
INITIAL CONSULTATION

Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale
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What to Think of Before Marriage – Should You Get a Prenup?

Prenuptial, it isn’t the most pleasant conversation to have while planning out your wedding. For many cases though, a prenup is essential to have. For others though, they can just as easily do without one.

A prenuptial agreement is a legal document that predetermines someone’s property holdings before marriage. The purpose is that someone is ensuring the disposition of the property in case the marriage ends in divorce. Not only that, but it also protects one spouse from the other spouse’s debt if they have any prior to marriage.

How do you know you should get a prenup before marrying? It varies couple to couple, depending on their financial situation, investment account levels, and anything one feels that it should belong to them regardless of whether the marriage survives. However, there are a few important guidelines to consider.

If you’re wondering about prenuptial and other legal matters around marriage, contact your divorce lawyer in Scottsdale for information.

A Prenup Can Usually Speed Up the Divorce Process

Although you don’t enter a marriage with the intent of getting divorced, it can be beneficial to know that a prenup can speed up the process just in case. Without one, you’re likely to spend months in the courtroom discussing legal matters, marital property allocations, and having to decide who gets what.

By signing a prenup, you won’t have to go through the fighting and arguing over the property. Instead, you can simply the matter and move on with your life a lot quicker.

You Can Reach a Fair Deal

Unless your divorce is uncontested and mutual and the two of you can easily agree on who gets what, deciding who gets certain properties from the marriage can be time-consuming, challenging, and frustrating. This is when a divorce can get real ugly quick.
A prenup, if deemed valid by the Court, saves you from all of this. The legal document helps you and your spouse reach a fair arrangement in case of a divorce, usually in a swift and rapid manner.

Protects You From Debt

In today’s world, debt is more common than ever. Signing a prenup can protect you from your spouse’s debt that he or she incurred before the marriage. The legal document will outline what happens with the debt if a divorce occurs. If the debt was not your debt, to begin with, it could save you a lot of money in the long run.

The Downside to a Prenup

One of the most obvious downsides to a prenup is the lack of romance they instill. They can cause issues in a relationship. The partner being asked to sign a prenup may feel like the other partner may not trust him or her. This lack of trust could continue and end up damaging the relationship beyond repair.

Another reason is that many feel a prenup is basically a plan for heading to an ultimate divorce. When someone asks for a prenup, they may not believe the marriage will last. Again, this can cause issues in the relationship, whether or not the person asking for the prenup believes this.

Before asking for a prenup, seriously think about whether or not your situation needs one. Asking for one when the other partner doesn’t agree on it could end up being a deal breaker before the wedding even happens. Prenups provide protection and help settle the worst case scenario, but they can also bring up unpleasant feelings and you may lose your fiancé.

Family Law, Family Law Attorney, Prenups in Scottsdale, prenuptial agreement
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6 Ways to Help Your Kids Cope Through a Divorce

A divorce is not something you plan for when getting married. Unfortunately, many families face divorce at some point. Going through a divorce can be highly stressful for both parties involved, children especially.

Every divorce will affect kids in some way, whether it be through sadness, anger, frustration, or even worrying. However, as their parents, you can help your children cope with the divorce process so that they use this as a growing experience.

Talking with your divorce lawyer in Scottsdale will help to give you the best advice for your situation. There are also the following top six tips that you can use to help your children cope with a divorce.

Inform the Kids of the Divorce

It’s not an easy conversation to have, but it is essential to talk to your children about the divorce. They’ll need to know that mom and dad will be living apart. Explain why you made this decision and that it was never caused by them. Keep the conversation appropriate for the age, temperament, and maturity of the child. Stay positive, stay optimistic—do not drench the children in negativity.  To the contrary, tell them they have a new optimistic life ahead.

Let Them Speak

It’s important that kids can express how they feel in these types of situations. This will mean the parents, both if possible, sit down and listen to them and acknowledge their feelings. If they are struggling, help them put how they feel into words.  Provide the children with counseling if needed.  They must repair their internal feelings immediately to avoid long-term emotional scarring.

Be Their Support System

Although you’ll have so many things going on in your life with a divorce, it’s crucial that you remain a strong support system for your children. Be there for them, talk to them, ask what will help them feel better.  Do NOT complain about the divorce, or your spouse, or the lawyers or the court—these kids have enough to deal with if you must vent, do so with capable adults, not your own children.

Keep Your Emotions in Check

If your children see you upset or stressed out, it will start to seriously affect them. As their primary emotional support system, trying to be as calm and collected as possible will be more beneficial in helping your children cope with the divorce. Approaching the situation angry and frustrated will only get them agitated.  Vent your deeper feelings on your own time, in your own space, and not within the sight line of your kids.

Be Kind to Each Other

Kids hear, see, and remember almost everything. You would be shocked to walk in their shoes for 24 hours.  If they see you and your partner actively arguing, or if you’re speaking poorly about your life partner when they’re not around, there’s a good chance that they’ll pick up on these things. Being kind and civil to each other will help prevent putting your kids in a difficult situation, or feeling like they need to choose sides.  Take the high road.  Stay silent when the kids are in the room and handle your “adult business” only with adults in the room.

Reassure They Are Loved

In the end, it’s important to reassure your kids that they are always loved by both parents no matter the divorce outcome. Explain the new living arrangements and express that while you’re with one parent, the other parent still loves them.  Money and property rights come and go, your children are the bedrock of your life today and into the future.

Divorce & Legal Separation, Divorce Attorney, Divorced Parents, Family Law, Family Law help in Scottsdale
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