Regular Post

Written by Canterbury Law Group

14 August 2017

Some Facts about Arizona’s Adoption Law

Arizona allows any adult to adopt a child. Parents, grandparents, step parents, or non-related individuals can file a petition to adopt a child in the state or from outside the state. Here are several legal facts about Arizona’s adoption laws:

Adoption Eligibility

Arizona allows married, unmarried, and legally separated adults to legally adopt children. A married wife and a husband can jointly adopt a child. However, an unmarried couple may face certain legal restrictions when jointly adopting. It’s recommended to consult with local family law help in Scottsdale if you are an unmarried person with a partner who wants to jointly seek adoption of a child.

Adoption for Same Sex Couples

In Arizona, couples in same sex marriages can adopt children either individually, or as step parents. The law is unclear on whether same sex marriage couples can jointly adopt a child. The law could change soon, so it’s highly recommended to seek legal help if you and a same sex partner are seeking joint adoption.

Child’s Eligibility for Adoption

A child must be below the age of 18 to be adopted in Arizona. Also, the child must not be an illegal immigrant alien in the state when the adoption petition is filed. Foreign children can be adopted as long as they are not present in the state as an illegal alien defined by state law. Importantly, the child has to be free in legal terms to be adopted. The term refers to custody arrangements. The child’s birth parents, if present, must formally give their consent for the child to be adopted. If the birth parents are deceased or if their rights have been terminated by a court order, then this consent form is not necessary.

Foreign Adoptions Follow the Hague Intercountry Convention

All foreign adoptions in the U.S., including in the state of Arizona, are conducted according to the Hague Convention on Intercountry Adoption. The original country the adoptee comes from must also be a part of this Hague Convention for an adoption to take place. It should be noted that the U.S. bans adoptions from some countries, like Russia, even if these countries are party to the Hague Convention. Foreign adoptions can be a lengthy and expensive process. You should speak with a lawyer who knows immigration law to petition for a foreign adoption.

Non Relatives Require Court Certification

If the to-be adoptive parent is unrelated to the child, as an aunt or a stepparent, then the adult must obtain a court certificate to show eligibility. These certifications follow what’s called a “home study” carried out by an approved adoption agency in the state, an official from the Arizona Department of Economic Security, or a court officer. The study will involve an assessment of social, financial, and other qualifications of the prospective adoptive parents.

Birth Mother’s Husband’s Consent is Necessary

Arizona maintains that a married birth mother’s husband must give consent to the adoption. If the birth mother is married, her spouse must give consent even if he is not the biological father of the adopted child. If the biological father is not married to the mother, he must be notified of the adoption before it takes place. The biological father will be given 30 days to respond to the notification with paternity action.

Adoption, in general, is a straightforward process but some factors can complicate it. You must seek help from an experienced attorney to make sure the process goes smoothly.

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Regular Post

Written by Canterbury Law Group

1 August 2017

What is the Difference between Divorce and Legal Separation in Arizona?

In Arizona, there are two ways to formally and legally remove your estate from your spouse: divorce and legal separation. It’s important to understand that these are two different processes. Legal separation is not another term for divorce. While there are certain overlapping legal similarities between the two, it’s important to understand that these are two different things. Read below to find answers to commonly asked questions about divorce and legal separation in Arizona:

What is the Difference between Divorce and Legal Separation?

Obtaining a divorce means that the marriage is legally dissolved, with all assets separated, and both spouses legally become single people capable of remarriage and child custody rights are legally established. In contrast, a legal separation does not dissolve a marriage. The spouses will be technically still married to each other, but also judicially separated. However, like with a divorce, virtually all assets and debts are typically separated between the two spouses. But unlike in a divorce, the spouses cannot claim to be single persons for any legal reason nor can they remarry. Most people pursue Legal Separation to maintain valuable health care coverage, among other reasons.

Why Seek Legal Separation Instead of a Divorce?

Legal separation may be suited for some people over a divorce for several reasons. Most spouses who do not want to divorce due to religious reasons or personal convictions can still undergo legal separation to judicially extricate oneself from a spouse. Spouses that want to live apart but without getting a divorce can obtain a legal separation.

Some people prefer to legally separate rather than divorce in order to keep valuable health insurance benefits of a group plan. As mentioned above, legally separated spouses are still considered married, and thus can benefit from continued spousal health insurance coverage. Similarly, those who have been married for less than 10 years can continue to receive social security benefits on their spouse’s federal benefits following a legal separation, unlike with a divorce in which such benefits are completely terminated for the lower earning spouse.

If you need to formally cut all legal, civic and other ties to a spouse, then you will need a divorce.

Grounds for Divorce or Legal Separation

Arizona is a no-fault state. It does not matter who did what to whom, or who cheated with whom. Therefore, for both divorce and legal separation, you don’t need to show any reason for divorce to a court. If one spouse desires to divorce then the court will grant the divorce. Similarly, spouses do not need to prove a reason to get a legal separation. Claiming that the marriage is “irretrievably broken” is reason enough to obtain a Decree of Legal Separation as long as the other spouse does not object. Only one of the two spouses must desire the divorce. The person who “wants to hang on” cannot prevent the legal divorce from ultimately taking place.

What if One Spouse Insists on a Divorce?

Unlike in a divorce, legal separation is only granted if one spouse does not object. If one spouse wants a legal separation but the other wants a divorce, the court will convert the case and grant the divorce. Because a spouse can object, it’s important to discuss and make sure this is what both parties want. Consult with a local divorce attorney in Scottsdale to discuss your options.

What if the Legally Separating Couple has Children?

Child custody issues for legally separating couples are handled similarly to a divorce by Arizona courts. The courts will always prioritize the needs of the children. A family court will also determine parenting time and parental responsibilities. You will receive formal judge imposed custody orders from the Court under either scenario.

What Happens to Marital Assets and Debts When a Couple Legally Separates?

Asset and debt separation for legal separations are also handled similarly to divorces. A court will make the determination. Usually, the date upon which the original Legal Separation or Divorce Petition is “served” on the receiving spouse is the date that the community terminates. Put another way, any salary or paychecks received after the date of service will usually be the earning spouse’s sole and separate property. Exceptions apply, however. Please consult seasoned legal counsel on all of these issues.

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Regular Post

Written by Canterbury Law Group

11 June 2017

Grandparent Rights in Arizona

Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.

In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.

How Can Grandparents Get Visitation Rights?

If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:

The child’s parents were never married.
The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced and have been for at least three months.

If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:

The relationship the grandparent has with the child in historical terms
The reason that the grandparent is petitioning for visitation rights
Why the parents may have denied the grandparent visitation rights
The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

Grandparent Rights in Arizona

How Can Grandparents Get Visitation Rights?

The child’s parents were never married.
The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced, and have been for at least three months.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

The relationship the grandparent has with the child in historical terms
The reason that the grandparent is petitioning for visitation rights
Why the parents may have denied the grandparent visitation rights
The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

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Regular Post

Written by Canterbury Law Group

4 April 2017

Answers to Frequently Asked Questions about Child Custody in Arizona

Custody in legal terms refers to the person a court has appointed as the parent or guardian of a child. The person retaining child custody manages the well-being of that child. The legal custodial parent will have the right to make decisions about the child’s education, religious teachings, and healthcare. There are different types of custody, but courts in Arizona do not favor one over the other. The decisions will be based on what’s ultimately good for the child. If you are a parent currently seeking custody of the child, or if you are already a custodial parent, here are answers to some of the questions frequently asked on the subject:

What is the different between “sole,” “joint,” and “legal” decision making authority?

These are three ways in which a court can grant custody of a child. Sole Legal Decision Making means that one single parent has complete legal custody of the child’s legal decision moving forward. The court has granted this parent the express authority to make major decisions regarding the child’s life. Parents can discuss these issues together, but the sole Legal Decision Making parent will always have the final say.

In contrast, in Joint Legal Decision Making situations, both parents have legal decision making authority over a child. However, in order to reach a final decision, both parent must agree—or divert the case to mediation or back to the court if no agreement can be reached.

Can the court declare one parent’s rights superior to another’s in a Joint Legal Decision Making case?

No. Generally, when a court grants joint Legal Decision Making authority, both parents have equal rights to make decisions regarding the child’s well-being. No one parent is deemed superior to another. However, in special cases, one parent may get the sole right to make decisions regarding a certain aspect of the child’s life if the court decides it’s the best for the child. You should refer to an attorney to seek more family law and child custody information with regards to your situation.

Is there a difference between legal decision making powers and physical custody?

Absolutely yes. Legal Decision Making authority relates to granting a parent the authority to make decisions about the child’s wellbeing, e.g. where the child goes to school. Physical custody, also called Parenting Time, determines where the child lives from day to day. A parent can have legal custody, but not physical Parenting Time, although this is rare. If a child is to live with both parents for equal amounts of time, then the court will have to grant both parents joint physical Parenting Time. Some parents may prefer for the child to live in one place without moving around, and have one parent with physical virtually all Parenting Time. But both parents, in this case, can have legal custody as well. Refer to Family Law help in Scottsdale, or your local area, for specific information. Legal assistance is recommended to navigate these complex legal channels.

Are court custody orders final?

The court decides custody when the parents cannot agree upon themselves, how to share custody of a child. A court may grant early custody orders when divorce or separation filings are in process. Once the divorce or a legal separation becomes final, the court may make modify prior orders which are dramatically changed at the time of trial. This custody decision by the court will stand, subject to certain exceptions, for at least one year, or upon a showing of a substantial and continuing change of circumstances thereafter.

If you want a custody ruling to be modified after trial, you can petition the court to make changes to the order. You will have to present strong evidence that the changes requested are in the best interest of the child. You are very likely going to need the able assistance of legal counsel at that time.

Regular Post

Written by Canterbury Law Group

28 March 2017

Divorce Tips from Attorneys

Getting a divorce can be a messy affair, financially and emotionally speaking. Contested divorces can be particularly hard on both parties, as experienced divorce attorneys will quickly point out. Divorce has a way of bringing out the worst in even the nicest people. While emotions can play a role, it’s critical to maintain clear emotions when dividing assets in a divorce and reaching a custody agreement if there are any children. Here are several tips for Arizona divorcing couples from divorce lawyers who have seen it all:

Keep Your Feelings out of the dispute

Divorce can be a very emotional affair, no matter how hardened one tries to be during the process. It’s very important to keep personal feelings out of it when dividing assets and negotiating during divorce proceedings. Emotions can unnecessarily complicate the process. You must aim to get the best out of divorce proceedings to ensure your long-term well-being. Getting caught up in petty fights in the moment will not go well for either party. Let your lawyer do their job, stand back and watch, and ideally everything will be handled.

Pick Your Battles Wisely

According to a divorce lawyers in Scottsdale, some people pay attorneys a lot of money to recover assets that do not matter. For example, it makes no financial sense to get your divorce attorney to send a letter to retrieve a $100 piece of furniture from the ex, especially when attorney letters can cost as much as $500. Divorce can be costly. So wise petitioners pick battles that are worth spending money to win.

Assets in One Spouse’s Name Can be Divided

In divorces, basically everything can be divided between the spouses. This includes assets that are specifically under either spouse’s name. Debt, extra income, royalties, a lottery win—all of these and much more can be divided in divorce proceedings. Divorce attorneys warn clients not to assume that assets under one’s own name are not up for grabs. The only protection against dividing assets is a prenup or a postnup agreement. But these agreements should be handled early on in the marriage. Even if you signed a prenuptial or postnuptial agreement, it could be deemed void by the court depending on the circumstances during which you signed such paperwork. Consult an experienced lawyer to determine your rights.

Be Careful of Generous Income Reporting Before Divorce

It’s common for people to overstate incomes in credit card or loan applications. A spouse that discovers such generous disclosures of income can present these documents in court in a divorce case. Under those circumstances, the court could assume that you make as much money as you boasted in your loan application under penalty of perjury in a prior loan application, warns a divorce attorney in Scottsdale. On the other hand, if you find similar overstatements by your spouse, you can be the one to use them in court against them.

Take Time to Gather Evidence for the Divorce

Divorce lawyers advise clients not to walk out the door before proceedings begin, unless an abusive situation is present. It’s highly advantageous to stay behind and gather evidence for the divorce, such as photographing assets, property and gathering documents. Make copies of account statements of the spouse as well to present your case with solid evidence once the proceedings begin.

Divorcing is not easy on anyone. But following the above suggestions will help you present the best case in court. Hiring a seasoned legal professional to guide you through this complex process is self-evident.

Regular Post

Written by Canterbury Law Group

7 March 2017

Tips on Filing for Bankruptcy

Many people opt to file for bankruptcy when their income isn’t sufficient to repay creditors. Certain types of bankruptcy filings can lead to elimination of at least some or all debt and a halt for collection calls. While bankruptcy can be devastating emotionally, it does have many benefits. If you are planning on applying for bankruptcy, here are several useful tips to know about:

Learn About the Different Types of Bankruptcy

There are several different types of bankruptcy. The two main types many people know about are Chapter 7 and Chapter 13. Chapter 7 eliminates virtually all debt, especially from unsecured loans. Chapter 13 is used to come up with a court-approved plan to partially repay all debt in 3 to 5 years. You will have to learn about what each type entails and which type of bankruptcy is best suited for you. Before you file your case, you will have to learn about the law a bit first.

Hire a Lawyer

It’s virtually impossible to file for bankruptcy without a lawyer. The body of law in this area is muddled and complicated so you will really need an experienced attorney. Hire a lawyer from the county you live in, for example a bankruptcy attorney in Scottsdale. It’s best to consult with an attorney before you decide to proceed with a court filing. Your attorney will tell you how to fill out the legal documents and what evidence to present in court. Attorneys are necessary because, in some cases, creditors have the right to sue you back. A lawyer may be able to intervene and reduce the risk of this.

Understand Your State Laws

Bankruptcy law differs from state to state. How many of your assets you can keep, or how much debt will be discharged will depend on the law in your state. Therefore, it’s very important that you understand the rules and guidelines set forth in the state of your residence. You can get expert help too. For example, you can ask a local bankruptcy lawyer in Scottsdale for state laws in Arizona.

Bankruptcy Does Not Get Everyone off the Hook for Debt

Filing for bankruptcy often removes the obligation of a single debtor to a creditor. This does not apply to others responsible for the same debt, such as the other joint account holder or a co-signer. If there’s credit card debt, then all the people formally responsible for that account will have to pay. When you file for bankruptcy, the other person could end up being solely responsible for the debt. You may want to think in advance to avoid this scenario. Ask your lawyer for the best course of action.

Inform All the Creditors

You will have to inform all your creditors that you are filing for bankruptcy, not just the creditors responsible for the overwhelming debts. In some states, it’s required by law. When you are in the process for filing for bankruptcy, you must inform all debt collection callers of the situation and provide the name of the attorney handling the case so the calls can stop.

Bankruptcy need not be expensive and emotionally draining. Follow the above tips to make it less so.

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Written by Canterbury Law Group

27 February 2017

Family Law and Child Custody Information

Determining the custody of a child when divorcing is not easy. Child custody and the related laws are largely determined by state law, though certain federal policies may apply. Here are some basic facts to know about child custody if you are filing for a divorce:

Working out the Custody of a Child

There are two ways to decide which parent gets custody: by trial or private mutual negotiation outside of court. Some parents who divorce amicably can discuss among themselves regarding with whom the child may live after the divorce, and who can visit and when. Divorcing couples can also hire a third party mediator to ensure that these discussions go well. If the parents are unable to reach a mutual agreement, then the case would go to trial where a judge (not a jury) will decide custody and visitation rights.

Types of Custody

There are different types of custody family courts grant.

Physical custody: Also known as “parenting time”, this is the type of custody that decides which parent the child lives with majority of the time. Courts usually grant physical custody to both parents on a joint and equal basis absent parental fitness issues.

Legal custody: Also known as “legal decision making”, if the court has already appointed a physical custodian, then the other parent might get legal custody. It’s the right of a parent to make decisions about the child’s welfare, education, health, religion even when the child is not living with him or her.

Joint custody: This is an arrangement where the child spends equal amounts of time with both parents following a divorce. There are both proponents and detractors of this type of custody. It’s ultimately something the divorcing parents have to decide. Getting joint custody requires showing cooperation between the divorcing couple and the willingness to make decisions about the child’s welfare together.

Split custody: If the divorcing parents have multiple children, the court may decide to “split” up the custody of the children among the parents. For example, if there are two children, the court may grant custody of one child to only one parent. Courts, however, do not usually separate siblings in this manner.

To determine the type of custody best suited for your case, you will need an attorney’s help. Hire a local attorney from your county, for example family Law help in Scottsdale if you live in Arizona.

Unmarried Parents

Not only divorcing parents need to decide the custody of the child. There are different laws that determine the custody of the child if the parents are unmarried. Most states have laws requiring the granting of physical custody to the biological mother of the child as long as the mother is fit to be a good parent. Unmarried fathers often do not get custody of the child, but Fathers are typically preferred for custody over other relatives like grandparents, or prospective foster or adoptive parents. Unmarried parents can sometimes be awarded 50/50 custody. Every case is different.

How Custody is Granted

The courts take into account various factors when granting custody. Mainly, the court will decide which parent is best suited to be a child’s main caretaker. The child’s wellbeing is always considered above the desires of the parents or others who have filed for custody.

Different states evaluate the “best interest” standard differently. But, most take into consideration the mental and physical fitness of the parents, the child’s relationship to parents or others in the household, the need for a stable home, religious or cultural issues at play, the child’s treatment at the hands of parents, possible history of abuse, and so on. If the child is old enough, his or her wishes will also be taken into consideration. Each state has different rules of how old a child must be before his or her ‘wishes’ regarding custody will be heard by the Court.

The parents in any case should hire a good attorney to prove to the court that they are the most fit to be the child’s primary caretaker. It will be up to you to protect your parental rights, as the courts will prioritize the child’s.

Regular Post

Written by Canterbury Law Group

20 February 2017

Preparing for Divorce in the New Year

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. Although every case is unique, there are certain steps that every potential divorcee should take:

Do not try to hurt your soon-to-be ex – Do not let your emptions get the best of you. Especially if you and your spouse have children together, you need to try to take the higher road and attempt to part on decent terms. The court may frown upon any type of negativity or drastic misconduct against the other spouse.
Confidently know your joint finances – It is estimated that 40% of divorce proceedings are about money. Be well informed in advance about your shared accounts. Specifically, you should know all online passwords to bank accounts, which accounts have automatic payments and where money is invested, including the names of all accounts, the account numbers and the investment advisors. Many times one spouse knows everything and the other spouse knows nothing about finances. The law provides that both spouses be provided 100% financial disclosures while the divorce is pending.
Find a trusted legal team – A lawyer who is knowledgeable in family law in your state can likely get you a better settlement because they understand the state-law nuances and understand local judges’ tendencies and opposing lawyers. If you and your spouse have complicated family assets, you likely need a legal team with additional expertise. Take into consideration every possible avenue and plan accordingly.
Know your future living expenses – Your future financial well-being should be your top priority. Thoroughly understand your current cost of living before the divorce proceedings start, so you can ask for a fair amount in the divorce settlement.
Also remember that anything written online about an ex-spouse will exist forever—when the children are old enough to read. Although you may be hurt now, you don’t want to hurt your children even more in the future. Texts and emails can also be used against you at trial. Think twice before hitting ‘send’ on that nasty message to your spouse.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated and simple divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation. 480-744-7711.

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Written by Canterbury Law Group

30 January 2017

Growing Trend of Prenups in 2017

The family law attorneys at Canterbury Law Group suggest soon-to-be married couples hire counsel and obtain a prenuptial agreement before saying “I Do.” Prenups are actually very common amongst all ages and classes of Americans, and they are set to increase in popularity even more through 2017.

Prenuptial agreements are a smart investment as they can provide important advantages for both spouses. Thanks partially to the drama in Hollywood, many people think negatively when they hear the term “prenuptial agreement.” However, this is not always an accurate portrayal. In fact, prenups are used by both parties in a marriage to plan for the future and arrange things legally that can be mutually beneficial to both spouses. Whether you have a business, inheritance or children to protect, a prenup is the best bet.

If you may be interested in getting a prenup, here are expert tips from our law team:

Do not wait until the last minute – Begin the prenuptial agreement process six months to one year before your actual wedding date to ensure that both parties have ample time to review it and to retain separate legal counsel. Last-minute contracts are much harder to enforce later. It may also make your soon-to-be spouse nervous if you wait too long to discuss these options.

Do not let your emotions lead. The emotions of falling in love can alter reality, so be sure to work with trusted legal advisers on the agreement. You must protect yourself and your future from possible hardships.

Make your prenuptial agreement realistic and legal. The goal is to have a contract that is enforceable and provide each spouse with an understanding of what they will get if the marriage ends. A good legal team will help you understand all aspects and options.

Research your state’s law regarding marriage and property. Marriage property laws are different from state to state. Canterbury Law Group can help you understand the laws in Arizona, Nevada and California for prenuptial agreements.

If you need prenuptial agreement help in Scottsdale, Contact Canterbury Law Group today to schedule a consultation. We can help you secure your future.

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Written by Canterbury Law Group

25 January 2017

Child Custody Questions in Scottsdale

There is typically an increase in divorces in the New Year. The Scottsdale divorce lawyers at Canterbury Law Group know that divorce often brings about child custody concerns. A popular question in Scottsdale divorce cases is whether or not a parent can take a child away from the other parent if there is currently no legal decision-making and parenting time orders in place.

In Arizona, a person can be charged with the crime of custodial interference even before there is a court order regarding legal decision-making and parenting time or if he/ she takes, entices (persuades) or withholds any child from the other parent and denies that parent access to any child. If the parent takes the child(ren) to another state, the penalties are even more severe.

However, there are some exceptions in the law, which involve a case where the parent has filed an emergency petition regarding custodial rights with the superior court and has received a hearing date from the court. The law is complicated and the risks are high, so the best option is to get the advice of a lawyer before leaving with your child if at all possible. You should never leave the state with your children without first speaking to a licensed attorney.

If a domestic violence victim is accused of wrongfully absconding with the children, he/she can seek to counter these allegations by:

He / she has begun the process to get an order of protection or files a petition for legal decision-making within a reasonable period of time and the order of protection or legal decision-making petition states his/her belief that the child was at risk if left with the other parent

The parent either:

has a good faith and reasonable belief that the taking, enticing or withholding of the child is necessary to protect the child from immediate danger; OR
the parent is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

However, it is still best to get legal advice before leaving to make sure that your planned behavior would not violate the law.

The family law attorneys at Canterbury Law Group have significant expertise in child custody issues and can capably guide you through the legal process. Your children are counting on you to make the right decision both before and after the divorce case has been filed. Contact us today to schedule your consultation.

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