Father's Rights Archives - Page 2 of 2

Regular Post

Written by Canterbury Law Group

3 September 2019

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.

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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/.

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

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

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

Child Custody, Custody Terms, Custody Tips, Father's Rights

Regular Post

Written by Canterbury Law Group

8 July 2019

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

Regular Post

Written by Canterbury Law Group

20 June 2019

How Can a Father Prove a Mother Unfit?

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

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

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

1. Research the Criteria for Your State

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

2. Collect Evidence to Prove the Mother is Unfit

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

3. Schedule an Appointment with Medical and Mental Health Professionals

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

4. Locate and Download your Appropriate State Forms

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

5. Fill Out the Forms

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

6. File the Forms with the Appropriate Court

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

7. Have the Documents Served to the Other Parent

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

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

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

9. Participate in the Child Custody Evaluation

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

10. Attend the Hearing

Attend the hearing for the judge’s ruling.

Source:

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

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

Child Custody, Father's Rights, Fathers Custody Rights

Regular Post

Written by Canterbury Law Group

17 June 2019

How Can A Father Get Full Custody?

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

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

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

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

Can A Father Get Full Custody In Arizona?

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

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

Getting Full Custody In Arizona

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

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

Joint Custody vs Sole Custody In Arizona

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

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

What You Need to Prove to Get Sole Custody

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

Here are some reasons the court may grant sole custody:

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

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

Source:

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

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

Child Custody, Custody Terms, Custody Tips, Father's Rights

Regular Post

Written by Canterbury Law Group

10 June 2019

Can I Travel Out Of State If I Have Joint Custody?

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

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

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

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

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

Required Co-Parent Documentation

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

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

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

Traveling With Sole Legal Custody Of My Child Or Children

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

Documentation For My Child Or Children

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

Passports

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

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

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

Required Destination Documents

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

Not Agreeing On Travel Plans

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

Sources

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

Speak With Our Family Law Attorneys In Scottsdale

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

Custody Terms, Custody Tips, Father's Rights

Regular Post

Written by Canterbury Law Group

9 June 2019

Child Visitation Rights For Fathers

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

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

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

Father’s Rights include:

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

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

Modification of Father’s Visitation Rights

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

Father’s Rights Enforcement

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

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

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

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

Speak With Our Father’s Rights Attorneys In Scottsdale

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

Father's Rights, Fathers Rights, Fathers Visitation Rights

Regular Post

Written by Canterbury Law Group

28 May 2019

What Are a Fathers Rights When Paying Child Support?

From the outset, it is vitally important to realize child visitation rights and child support are two completely different issues. The father is legally obliged to financially support their child (or children) and has the right from a legal standpoint to have parenting time with their child (or children.) The visitation rights of the Father to spend time with their child (or children) are not impacted by the fact the father may be behind on their legally agreed child support payments.

Child support is either paid to the state when there is a vested interest in the welfare of the child (or children) or to the custodial parent who has taken on the role of the legal guardianship over the child (or children.) From this, it is clear the state or the parent who has custody of the child (or children) can waive the obligation of the child support payment. The laws differ hugely from state to state as to the amount a father is required to pay to ensure their child (or children) are financially provided for.

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Calculating Child Support

The income of the parents is the barometer used by most states when it comes to calculating what the father will owe for child support. However, the following may also be considered:

The state may be able to make a modification to the obligation of child support currently being enforced based on the father’s circumstances changing. For example, if the father has to take increased custody of the child or because of financial hardship being experienced by the father making him incapable of paying the full amount of child support that is due.
Many states will offer to help reduce child support payments that are past due to the enforcement of a debt compromise program.
Child support enforcement may be able to work with the father on an adjusted plan of payment if the father makes contact with them and should he fall behind on the child payments he is obliged to pay.
Regardless of the father meeting his obligation of child support payments, the child (or children’s) Mother has no legal right to stop the father from having communication and visitation with his child (or children.)
Child support laws and child custody laws do vary greatly state by state.

Visitation Rights Of The Father

The following is a list of rights the father should be looking to exercise when it comes to being able to have visitation and communication with his child or children:

A father has the legal obligation to honor financially support his child (or children.)
A father has a legal right to regular visitation and communication with his adopted or natural child (or children.). Most states favor full 50%/50% child custody so long as both parents are “fit” parents.
A father, once the paternity has been established is normally allowed either sole custody, physical custody or shared custody of the child (or children.)
A father’s rights are not automatically forfeited if the father cannot maintain the legal obligation of financial child support.
A father may potentially suffer a loss of rights if it can be demonstrated he has been absent, neglectful, abusive or abandoned the child.

Learn more about Child Visitation Rights For Fathers

The Role Of The State

If a father is unable to pay his legal obligation of child support for his child or children, he can reach out to the legal system or the state for further assistance. The state will try to secure the child support payment from the father. But the involvement of the state does not preclude the father from visitation with his child (or children.)

Losing Visitation Rights

Modification Of Custody Motion

If the mother of the child (or children) has sole custody and the father wishes to have shared custody, he must go to the court where the original custodial order was granted and request a modification. At that time he may also address the court and ask the child support order modification. In the case where the father then obtains an agreement for shared physical custody of the child (or children) he then becomes a custodial parent and this has the potential to reduce his financial child support obligations. The court may decide to eliminate payments of child support if the parents agree to share equally expenses and child care costs.

Sources:

McGrath, Victoria. “Rights for Fathers Paying Child Support.” LegalZoom Legal Info, 18 July 2016, info.legalzoom.com/rights-fathers-paying-child-support-24388.html.

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*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]

Father's Rights

Regular Post

Written by Canterbury Law Group

22 April 2019

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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*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

Regular Post

Written by Canterbury Law Group

1 April 2019

Child Custody Battles Between Unmarried Parents

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

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What Rights Does an Unmarried Father Have?

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

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

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

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

Unmarried Fathers Rights to Custody & Visitation

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

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

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

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

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

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

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

Unmarried Mothers Rights to Custody & Visitation

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

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

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

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

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

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

Other factors the court will consider may include:

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

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

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

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

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

Child Support Considerations for Unmarried Parents

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

Who Should Claim Child on Taxes If Not Married?

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

What If the Unmarried Parents Live in Different States?

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

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

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

Read More About:

Child Custody Rights for Mothers

Child Custody Rights for Fathers

Child Custody Laws In Arizona

Child Custody Battles Between Unmarried Parents

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

Child Custody Issues Involving Artificial Insemination or Conception?

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

Do I Need A Lawyer for My Child Custody Issue?

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

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

Speak With Family Law Attorneys In Scottsdale

(480) 744-7711

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

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

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

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