Written by Canterbury Law Group

Arizona Breastfeeding Laws & Visitation Rights Breastfed Babies

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

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

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

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

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

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

Arizona Breastfeeding Laws

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

A.R.S. 41-1443

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

A.R.S. 13-1402

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

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

What clothing do I need for breastfeeding?

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

Do I need to use a nursing cover?

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

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

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

What if someone complains and doesn’t approve?

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

Source

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

Family Law Consultations in Scottsdale

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

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

Written by Canterbury Law Group

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.

Written by Canterbury Law Group

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. 

Written by Canterbury Law Group

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.

Written by Canterbury Law Group

Child Custody Tips for the New Year

During the New Year, many parents strive to improve child custody situations. As authorities in Scottsdale child custody, the lawyers at Canterbury Law Group can offer suggestions to help ensure your success:

Be Actively Involved – Make sure you are able to demonstrate that you are significantly involved in your child’s life by taking an active role in the care, development, and discipline of your child. If the child is young, participate in feeding, bathing, walking, reading, napping and medical care. As they grow older, take part in their educational development and extracurricular activities. Get to know your children’s teachers, doctors, counselors, and coaches. Your ability to demonstrate the extent and quality of time with your child prior to and post separation is critical. If the other parent is interfering with your involvement, document your attempts and the resistance that you are receiving.

Establish a Physical Custody Schedule – If you live separately from the other parent, it is critical that you negotiate a physical custody schedule that accurately represents your long-term goal of shared parenting, ideally before a custody petition or court complaint has been filed. If you currently have a visitation agreement, make every effort not to miss any of your scheduled time.

Promote Involvement of the other Parent – Show that you encourage the contact and active involvement between your child and the other parent. Unless clear evidence shows the child is in danger while in their care, the Family Court will frown upon your interference with the child’s relationship to their other parent.

Provide a Healthy, Stable Environment – Present a safe, nurturing and stable environment. Demonstrate that you provide a healthy environment by maintaining a steady, clutter free home with a bedroom for your child and a safe play space. Provide regular, nutritious meals and keep a record of your grocery receipts. Get those kids to bed early and to school on time.

If you need assistance with your custody or joint parenting plan, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the New Year is enjoyable for all.

Written by Canterbury Law Group

Technology Used in Shared Custody

The Scottsdale custody attorneys at Canterbury Law Group have seen firsthand that technology is an invaluable tool for parents dealing with shared custody. In fact, it has become so commonplace in divorce arrangements that technology has even become part of the formal legal process, a development that both divorce lawyers and judges applaud.

Here are some technologies that are being applied to custody cases to help ensure success:

Email and Text Messages – E-mail and texting alone have practically revolutionized post-divorce family relationships. Sending a message can be a great option for communication amongst co-parents, especially for couples who may not yet feel comfortable with the divorce or separation. Necessary information can be relayed to the other party with the ability to review the message before sending it, something that talking face-to-face communication does not offer.

Cell Phones – Parents are often required to buy a cell phone for their child, and call times are recorded to ensure an adequate amount of time is spent talking to each parent. In addition, with a parent calling children directly on their phone, there’s no possibility of a bitter intermediary exchange between parent and parent. It’s also important that parents identify rules associated with the phone, such as times it may be used and which parent is paying for the device, to eliminate any potential problems.

Video Chat – Many joint custody arrangements will stipulate weekly video chat sessions between parent and child while they are apart. Apple’s Facetime, Google’s Hangouts, and Skype are some of the more popular video chat options that are free and can be conveniently accessed on a smartphone. It’s often suggested to add these video chat sessions to the calendar so they’re accounted for.

Custody Communication Tools – When relationships weaken to the point of legal action, courts are now ordering ex-couples to work out their differences via technology. New online custody tools are emerging that have been specifically designed to regulate the communication between both parents. For example, online tool called Our Family Wizard has been utilized by Judges around the country. The program’s goals include easing custody matters and helping parents increase the opportunity to have a healthy and harmonious relationship not only with their child but also with their former spouse. With this program, lawyers supervise e-mail exchanges between the ex-couple, ensuring that each party responds to the other in a timely manner. All e-mails are time dated and tracked.

Interactive Online Calendars – Using online calendar programs can help parents keep up with the day-to-day activities of their children and as a way to keep track of visitation times. For example, 2Houses is an app that was created to help divorced parents schedule and better organize their children’s activities. One of the main features that the app offers is the Calendar, which enables everyone to view an online schedule to ensure that every family member is always on the same page.

If you’re looking for a Scottsdale divorce attorney and/or family law attorney contact us today. Any delay can affect your future and the well-being of your children.

Written by Canterbury Law Group

Scottsdale Family Attorneys at Canterbury Law Group

The Scottsdale family attorneys at Canterbury Law Group handle all types of Phoenix and Scottsdale family law matters including divorce, child custody, paternity, prenuptial agreements, postnuptial agreements, spousal maintenance, Decree enforcement, child relocation, father’s rights, mother’s rights and grandparents’ rights.

If you are not sure whether or not you need a family law attorney in Scottsdale, here is an outline of what our lawyers can likely help you with:

  • Divorce – Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Every situation is unique and our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation.
  • Prenups/Postnups – Prenuptial and postnuptial agreements can be smart financial planning tools for all marriages but are especially common in second and third marriages, for business owners and/or when one partner has a large inheritance (received or expected in the future
  • Father’s Rights – Our attorneys are experienced in helping Fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona.
  • Child Custody – Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.
  • Alimony – Spousal maintenance is where one spouse pays the other spouse monthly support payments for a defined term of months or years after the divorce is final to help the less wealthy spouse transition to the next phase of their life and ideally for them to be come self-sufficient.
  • Paternity – When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. Get your court orders now, while the child is young—do not wait until later.
  • Relocation – Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed laws which outline specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
  • Grandparents – Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. These rights cannot be pursued unless at least one parent is dead or the parents are divorced.

Ultimately, we realize that hiring a Scottsdale family attorney can be a challenging task. Call the lawyers at Canterbury Law Group today to schedule you consultation. 480-240-0040

Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
Written by Canterbury Law Group

Child Custody After Divorce

At Canterbury Law Group, our Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. While winning your case, we also work diligently to secure a sound emotional and financial outcome for children of divorced parents.

If you are starting to consider a divorce or if you were recently served with a divorce petition, the Scottsdale divorce lawyers at Canterbury Law Group suggest immediately consulting with a trusted attorney to assess and protect all of your legal rights. Delays may limit your child custody options.

Divorce can be a delicate and painful experience for all involved. Our attorneys will work diligently to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that will be affected by divorce, here are some important custody arrangements you should understand. The standard types of Legal Decision Making (child custody):

  • Parenting Time (physical custody) — Determines which specific days of the week that the minor child will be in the physical custody and control of the parent or his or her agents
  • Legal Decision Making — Grants one parent or both parents the right to make important decisions about how a child will be raised with regard to religion, medical care, education, etc.
  • Joint Legal Decision Making — Grants joint legal decision making to both parents assuming the parents can jointly agree on all issues of their child’s upbringing, if disagreements arise, the parties can divert to a court appointed Parenting Coordinator or return to Court to litigate.
  • Sole Custodial Parent — Grants one parent both legal decision making and full parenting time (custody) rights over the child (rare).

Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 240-0040.

Written by Canterbury Law Group

Child Custody Factors in Arizona

When a divorce involves children, Scottsdale-based Canterbury Law Group fights aggressively to protect the children’s’ future and well being. In fact, we are known for securing the most sensible child arrangements possible at the lowest expense. We first attempt to collaborate with both parents and related experts to design practical provisions for successful co-parenting and child support schedules.

In the event that mutual settlement of these issues is not possible, our no-nonsense litigators will prepare your case with diligence and the utmost attention to detail. Arizona law requires that the best interest of the child be the lead consideration above any other when allocating child custody. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent. This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent by competent and admissible evidence.

Arizona family courts determine custody based on the best interests of the child, taking into consideration a great deal of details including:

  • The child’s age
  • The child’s wishes
  • Each parent’s wishes
  • The child’s adjustment to home, school and community
  • Any history of domestic violence or child abuse by either parent
  • Whether the parents have provided primary care of the child
  • The mental and physical health of all individuals involved
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a meaningful and substantial relationship with the other parent.

If you are thinking about filing for divorce in Scottsdale or Phoenix, call us today to schedule your consultation. Sometimes the best offense in a case is a well positioned, and thought our strategy which is completed weeks or months in advance of formally filing the case.

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