Family Lawyers Scottsdale

Family Lawyers Scottsdale

Canterbury Law Group has handled over 250 divorces and family litigation disputes over the past 5 years alone.

Canterbury Law Group has significant experience in family law, divorce, child custody, collaborative divorce & mediation, orders of protection, prenuptial agreements, child relocation, father’s rights and mother’s rights, grandparent’s rights, Arizona same-sex marriage & divorce, paternity law, restraining orders, decree enforcement, and obtaining spousal maintenance.

Divorce Litigation

If you are thinking about filing for divorce in Scottsdale, or you’ve been served with a divorce papers already, it is essential to speak with an attorney right away to assess what legal rights you have and take the steps needed to protect them. Delays in this matter may result in limiting what options you have. Not all situations are the same and our attorneys are well qualified to provide you with the tools to advance the best legal option that suits your specific situation.

Collaborative Divorce

Going through a divorce can be a difficult and confusing time. They generally involve lawyers, court dates, and a considerable amount of time and money, if the two parties clash on a ton of issues. Some parties sometimes find themselves in a fairly simple divorce, where there are no disagreements at all. Those few most likely only need limited counseling with divorce papers, but not much other than that. Others find themselves somewhere in the middle, where they are willing to come to agreements outside of court proceedings but may not be able to agree on everything. These spouses may have various views on the easiest way to settle issues such as child custody, spousal support, and assest division, but do not have to go to court to settle their issues. These parties can settle these issues using a collaborative divorce procedure.

Divorce Mediation

We have years of experience with divorce mediation in Scottsdale, Arizona. Our divorce mediators and can provide a simple and affordable alternative to traditional divorce litigation that will allow you to set your own divorce terms. We can handle your divorce from beginning to end so that you will never have to set foot in a courtroom. From the petition filing to Final Consent Decree, we are here for you.

Child Custody

A necessary component of any divorce involving children is the court issuing a joint-parenting plan. Usually, when parents cannot both agree on a joint parenting plan, the court will often put together a plan that both parents must follow regarding the children’s wellbeing, health and welfare. Arizona law says that the best interest of the child should be the lead consideration above any other. Furthermore, Phoenix and Scottsdale, Arizona divorce judges are required by statute to maximize the amount of parenting time for each parent so long as they are fit parents.

This generally suggests a fifty-fifty parenting time protocol absent parental fitness or health issues (e.g. drug, alcohol, criminal history, domestic violence) demonstrated by the other parent. If your spouse is wanting to take 100% custody of the child or children from you, absent your parental fitness being called into question, our attorneys will block your spouse immediately and work fiercely to procure the 50% parenting time to which you are likely lawfully entitled.

Father’s Rights

Our attorneys are knowledgeable in helping fathers get fair and unbiased treatment by the courts in Scottsdale, Phoenix and Arizona. Arizona law has had recent changes that mandates the court treat both mothers and fathers the same according to the law. If a man is afraid that his wife may leave and take the children, it is his responsibility to ensure he takes the proper steps needed to secure his custodial role as the father. That may mean talking with an attorney before his wife has the chance to file for divorce. Our family law attorneys at Canterbury Law Group in Scottsdale have considerable knowledge in father’s rights issues and can competently guide you through the process.

Mother’s Rights

When deciding a mother’s rights in child custody, the court has to determine whether or not the parents of the child were married at the time of birth. Custody rules that apply to unmarried parents are different than those that are married depending by jurisdiction. Child custody cases are often complicated, but when the parents have the child or children out of wedlock, gaining parental rights can make the process of establishing child custody even more complicated.

Grandparent’s Rights

Courts recognize how significant it is to maintain a child’s bond with extended family members. When a grandparents’ rights petition is filed, the court will deliberate over various specific statutory factors to decide whether a court-ordered grandparent visitation is best for the child. The court then must contemplate the parents’ right to raise their children how they deem fit, with a grandparents’ appeal for visitation. For this very reason, a grandparents’ visitation may be restricted. Therefore, it is imperative for grandparents to have an attorney on retainer early in the process to protect their rights before formally beginning any legal custody proceedings.

Legal Guardianship

A guardianship in Scottsdale is a court-ordered supervised legal relationship established for the protection and benefit of another, known as the “ward.” When assigned, legal guardians will be accountable for the ward’s personal and property securities. A guardianship is typically for a child or children whose parents can no longer care for them, or for persons over eighteen years old who can’t take care of themselves and are declared either: physically or mentally impaired.

Best Interest

When the custody of a child or children is a contested issue between 2 parents in a proceeding which is domestic, be it, divorce, legal separation, or some other form of action, the family court has the discretion to appoint any of the following persons, whose role will be to protect the best interests of the child: Child’s Attorney, Court-Appointed Advisor, or a Best Interests Attorney (BIA).

Paternity

When a couple has a child or children out of wedlock, they must still legally establish who the lawful father of the child is, as well as find out what rights and responsibilities exist toward the child. In some cases, situations may change, and divorcees move on with their lives, occasionally seeking adoption or the surrendering of their parental rights.

If you have a child out of wedlock, or even if you are still on good terms with the other parent, it would be a good idea to consider filing a Paternity Action to gain legally binding court orders in regard to your child’s paternity, legal decision making, custody and child support responsibilities. Your child is going to be in your both of your lives for at least 18 years or more, and you should progress through the child’s life with authorized, and enforceable court orders in-hand, if the relationship with the other parent ever fails or is starting to fail.

Decree Enforcement

A divorce Decree is a court order and will be continually, and rigorously enforced. Court orders handed down by a state judge should never be taken lightly. We are happy to take a no-nonsense approach to returning to a court of law and asking the judge to fully enforce his or her orders as initially determined by the judge during the previous proceedings. Parties disregarding court orders can be held liable to the other party for court cost fees and attorney costs. In some cases, imprisonment of the other party can be achieved for failure to obey the court order.

Child Relocation

Relocation by parents and children out of state, has become a common issue in family law and is taken extremely serious, as it often has a huge impact on everyone involved. Because of this, Arizona has very detailed laws which outline specific conditions and guidelines for cases involving a parent who wants to relocate the child out of state, or to prevent relocation.

Our attorneys in Scottsdale can help with the intricate procedures and litigation surrounding relocation and, if needed, give insight for a long-distance Parenting Plan that will optimize the non-moving parent’s involvement with the child. In the alternative, if you are seeking to block the cross-state relocation, we have several strategies and methods to maximize your chances for a positive result.

Prenuptial Agreements

A prenuptial agreement is a private contract between marrying adults who elect to have their future divorce (should it happen) treated a little different than what the law would usually otherwise administer. Prenuptial agreements can be a smart financial planning tool for most marriages but are particularly common in second and third marriages, for business owners and/ or when one partner has received or are expecting large inheritance in the future.

The goal of the agreement is to reduce possible future conflict and unnecessary financial responsibility in the event a divorce should occur. Even when both parties sign with lawyers, there are no guarantees with a prenuptial agreement.  Prenuptials can be rejected by a judge if it is found to be unfair or obtained by fraud or deceitfulness.  In any case, by defining what will happen with the asset division and spousal support, couples have the chance to consider the financial and legal repercussions of their future before getting married. Prenuptial agreements will also protect one spouse from the other spouse’s existing or future debt, detail asset allotments to children from previous marriages, the death of a spouse, etc.

The courts will also implement and honor postnuptial agreements, which can considerably impact the parties’ rights. Postnuptial agreements can allocate and carve out each spouse’s rights and property in any way that is mutually agreeable even after they have married. Do not sign a postnuptial agreement without first engaging a lawyer.

Spousal Maintenance

Spousal maintenance, commonly known as alimony, is where one spouse pays the other monthly support payments for a defined time after the divorce becomes final. Usually, the longer the marriage is, the longer the spousal maintenance term can be. Sometimes the spouse will have to qualify for spousal maintenance.

There are important tactical decisions one must be aware of in seeking to obtain or defend claims for alimony payments. Regardless of the length of the marriage, the law does not guarantee an award of spousal maintenance. Every case is different and will require an examination prior to starting any action. Canterbury Law Group will pursue to mitigate or maximize those amounts depending on your case.