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Non-Custodial Parent Moving Out Of State Arizona

Non-Custodial Parent Moving Out Of State Arizona

When deciding if a parent will be allowed to relocate with a child or children, courts in Arizona conduct an investigation whether the relocation is likely to damage the relationship the child or children has with the parent who is not relocating. Following a divorce, it is not at all unknown for one parent desiring to relocate to another city or indeed, another state. It may be for a new spouse, a new career or just a fresh start in a new place. Regardless of the reason, it has a substantial effect on issues of custody. Following the move, if the parents are unable to come to an agreement regarding custody of the child or children, a judge will make the final and legally binding decision. The judge will consider many factors when assessing the most preferred custodial situation for the child or children. Therefore, as relocation custody can be a complex issue, it is vital to understand circumstances and situations that may impact your case.

Overview of Arizona Custody Laws

The center point of any custody dispute is what is in the best interests of the child or children. Let’s look at some of the factors court consider to be of paramount significance when deciding on the visitation and custody arrangements that will satisfy the physical and emotional needs of the child or children:

  • The physical health and mental health of each parent.
  • The relationship the child or children has with their parents.
  • The ability of each parent to provide a stable environment for their child or children.
  • If any of the parents have a history of child abuse or domestic violence.
  • The ability of the child or children to adjust to a new community and home.

The judge will then make a decision as to whether to award sole or joint physical custody as well as sole and joint legal custody of the child or children having undertaken a consideration of factors relating to the health and wellbeing of the child or children. It is worth remembering a parent with sole custody of the child or children may have more leeway when it comes to the relocation of the child or children.

Relocation Rules For Arizona Parents

A relocation is not a simple move to the other side of town. When parents share legal or joint custody, the parent who is relocating is obliged to give advance notice of at least 45 days regarding an intended move out of state or an in-state move in excess of 100 miles. The parent who is not moving may then make a petition to the court preventing the relocation. When a judge refuses the relocation request, the other parent may still move there, but will be unable to take the child or children with them to live.

How Judges Decide Relocation Cases

Primarily, the judge examines the negative consequences a potential move may have on the wellbeing of a child or children. Evidence will be submitted by each side and the judge will determine whether to allow the relocation and how custody arrangements will be adjusted. At the hearing, a judge may hear testimony from the individual parents, relatives, teachers, or friends. In particular the judge is looking at the following aspects:

  • The reason for the move.
  • Is the purpose of the move to interfere with the visitation of the other parent?
  • Will the quality of life and wellbeing of the child or children be impacted in a negative way?
  • The relationships the child or children have with both parents, looking at the past, the present day and the future potential of these relationships.
  • What are the possible effects of less visitation with one parent?
  • The relationship a child or children has with their siblings.
  • The adjustment to home and community the child or children will have to undertake.
  • If they are of mature enough years, the preferences of the child or children.
  • Any other circumstances the court deems to consider as important.

The burden of proof lies with the parent making the move to show it is in the best interests of the child or children to move with them. Courts understand the needs of a parent to move, travel and follow a career but the best interests of the child or children and the right of the other parent to maintain meaningful relationships with their child or children has to be balanced up against this.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

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Custodial Interference In Arizona

Custodial Interference In Arizona

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

When Can You Claim Custodial Interference?

Court orders have to be in place because if rights of legal decision making and parenting time are yet to be adjudicated by the court, there are no outstanding orders to be broken and there are no meaningful legal actions you can undertake until the courts sign off on the orders.

Examples Of Custodial Interference Include:

  • When parenting time has been scheduled, refusing to bring the child or children.
  • When the other parent has company making a visitation to the child or children without at first obtaining permission to do so.
  • Not returning the child or children on schedule.
  • Purposefully limiting the contact, the child or children have with the other parent.
  • Using enticements on the child or children to isolate the parent holding custody.
  • Taking the child or children before court orders are in place.
  • Taking the child or children when it is not parenting time according to the schedule already in place.

These are common examples but as each situation is unique you should talk to a family law attorney and they can make a determination as to whether your rights have been violated.

When your child or children have been born out of wedlock, the law states the custodial rights go to the mother until brand new court orders becomes effective. It is vitally important you do not take any actions against the child or children or the mother. This law will be enforced and can result in criminal proceedings.

When The Other Parent Interferes With Custody

Custody agreements are often contentious but when you have a court order already in place, you are within your rights to call law enforcement when the other parent refuses to stick to the agreed parenting plan. Your actions should also be reported to the courts. Minor examples of interference will likely be met with a caution from law enforcement as well as the enforcement of the agreed, court order, plan of parenting. In cases when a parent continues to interfere in this way, the police will now have written documentation of the behavior and if needed can make an arrest. In situations when the custodial interference has become very extreme, the courts have the power to make the following changes to the established parenting plan:

  • Transfers at a preset location that is neutral (sometimes a police station.)
  • Visits that have to be supervised by a third party.
  • Loss or restriction of custody and rights of visitation.
  • Penalties and fines.
  • Criminal repercussions.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

  • Class Four Felony: Interference by a non-parent.
  • Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
  • Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

Custodial Interference Law Exemptions

In some situations, the court allows a parent non-adherence to the parenting plan if the following applies:

  • A parent is protecting the child or children from harm.
  • Disruptions to the parenting plan that have been previously agreed upon.
  • Events the parents do not have control over.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference in Arizona: Laws for a Disruptive Divorced Parent.” Mesa Divorce Lawyers & Family Law Attorneys, 30 May 2019, https://www.jacksonwhitelaw.com/arizona-family-law/custodial-interference-arizona/.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

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My Wife is Keeping My Child Away From Me? What to Do?

My Wife Is Keeping My Child Away From Me

The relationship between you and your wife has reached the point of no return. The wife says she is going to leave, and the kids are going with her. Legally, can she do this? Can you stop her from following through with these actions? What can be done legally to help you? What course of action do you take if she leaves with kids in tow having not obtained your permission to do so? Primarily, she just cannot take the kids and depart. She has no more rights to the child or children than the father, this is even more so when there is no custody or divorce agreement in place.

What To Do When Your Wife Leaves With The Children

  • As a father you have certain rights and they need immediate protection in these circumstances. If you allow this to go on without any action, you are at risk of losing the rights you have when the custody and divorce case goes to court. You should immediately contact a family lawyer who will safeguard your rights.
  • Your attorney will immediately contact the attorney your wife has retained to commence work on an agreement. Avoid legal ramifications by deciding not to just show up and attempt to take the children back. Leave it to the attorneys. This contact from the attorneys will be documented and the courts will be able to tell, you did not just allow this to go on and that you want to maintain your involvement in the lives of your child or children.
  • A schedule for visitation needs to be created and adhered too as there is no doubt the time spent with our child or children will be examined during the divorce proceedings. If you want custody, be sure to be involved with the parenting decisions for the child or children and ensure you are there for them when they are with you. Avoid having them babysat. Instead, be a Dad and make sure the time you spend with them is quality time. Make sure no scheduled visits are missed, so it cannot be held against you. These are all things the judge will be reviewing.

Father’s Rights During and Following Divorce

Throughout the divorce process, you have certain rights as a father and your wife is not able to stop you from using those rights unless there are circumstances such as a substance problem or history of abuse. Examples of these rights include:

  • You wife cannot keep you from your children. And any attempt by her to do so needs immediate attention. You have the right to attend activities, events, sports games, graduations, plays, and so on. In situations where she is purposefully preventing you from doing so, tell your attorney right away and handle it through the legal process.
  • Should your ex-spouse remarry she may want your child or children to be adopted by her new husband. You have the right to stop this. No judge is going to allow this to occur if the father is meeting the agreed obligations and sticking to his visitation or custody agreements.
  • It is vital to provide the needed financial support to your child or children in order to protect your rights through the process. It is documentable evidence that you are meeting the financial obligations you have towards your child or children. Your right will remain in place by ensuring you stay current on these payments.
  • You have the right to share custody of the child or children with your wife during the divorce proceedings unless the courts have decided custody may not be shared. She is unable to force your hand on this issue unless you allow her to do so.
  • You have a right to have full involvement in the parenting decisions on behalf of the child or children, as their father. This ranges from religion, schooling, health care choices and so on. Disagreements will need to be worked out and it will demonstrate to the court that the pair of you can work for a common goal…doing what is best for the child or children.

Minimizing Problems With The Mother of Your Child Or Children During Divorce

If both of you realize conflict will be of no benefit to the child or children or yourselves during the divorce process, things should go a lot smoother. Disagreements are inevitable but serious conflict should be avoided at all costs.

  • By respecting the plans of the other person, problems should be minimized especially when it comes to things such as special events or trips. Discuss in advance any changes to schedules or pick up and collection times of the child or children. Open lines of communication are key.
  • You must remain consistent in your efforts. Being reliable and turning up when you say you are going to do so and following through with what you have said you are going to do, often helps to minimize other issues in divorce proceedings. This is an area where there is really no room for excuses so do not give her a just reason to become upset or frustrated with the situation.
  • You need to be able to communicate, clearly and concisely with your ex. If that is difficult, think about using an online service that creates and organizes schedules and you can leave each other messages on there. However, remember words said in text form can often be misconstrued as it lacks the subtlety of human intonation.

Source:  Baker, Nicholas, et al. “Can My Wife Take My Kids Away From Me? Family Law Rights.” Family Law Rights, 24 July 2016, https://www.familylawrights.net/blog/can-my-wife-take-my-kids-away-from-me/.

Speak with Our Father’s Rights Attorneys In Scottsdale

Our Father’s Rightschild 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. 480-240-0040 or [email protected]

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Moving Out of State with No Custody Agreement in Arizona

Moving Out Of State With No Custody Agreement In Arizona

Can a Parent Move out of state without a custody agreement in Arizona? The short answer is no.

Courts in Arizona deciding whether a parent can relocate with their child or children have a duty to investigate if the move will harm the relationship the child or children has with the parent who is not relocating.

One parent often moves to another state following a divorce, be it for a new partner a new career or just a chance to start over somewhere else. Regardless of the reason, the move of the parent will have a significant impact on custodial issues.

A judge will decide and look at many different issues to decide custodial arrangements, if the parents are incapable of handling custody issues following the move. Without question these decisions are complex and it is vital you understand the circumstances that may impact your case.

Overview of Arizona Child Custody Laws

In any custody decision, the interests and wellbeing of the child or children is given top importance. Some of the factors taken into consideration include:

  • The physical and mental health of each parent.
  • The relationship the child or children has with each parent.
  • The ability of each parent to provide stability.
  • If there is a history of abuse or domestic violence with one or both parents.
  • The adjustment required by the child or children to adapt to their community and home.

Based on this the judge will determine whether joint or sole custody should be granted to one of the parents for the child or children. Parents can share legal custody even when the one parent has lone physical custody of the child or children. But that parent may be in a better position regarding the relocation of the child or children.

Understanding Relocation Rules for Arizona Parents

A relocation is defined as a move out of state or a move within the current state they reside that is greater than 100 miles away from the current location of the child or children. When parents share legal or joint custody, the parent making the move must give 45 days’ notice of such a move. The parent who is not moving then can petition the court to prevent the relocation of the child or children. In circumstances where a judge refuses to allow the relocation, it means the parent cannot move with the child or children but may move without them.

How Will a Judge Decide a Relocation Case?

The primary factor a judge will consider in these cases is how the move may have negative consequences for the child or children. Each side will be required to submit a statement of evidence for the judge to consider. The judge will then hold a hearing to decide. At the hearing, the judge may hear live testimony from both parents, relatives, teachers, friends, as well as any others with relevant testimonies such as guardian ad litem. The judge will look primarily at these considerations:

  • The reasons for the move.
  • Is the move designed to limit the visitation of the other parent?
  • Will the quality of life improve for the child or children following the relocation?
  • The future as well as the past and present relationships of the child or children with both parents.
  • The impact of one parent having less time and ability to have visitation with the child or children.
  • The sibling relationships of the child or children.
  • The community and home adjustment of the child or children.
  • If the child or children are mature enough, what is their preference?
  • Any other factors thought of importance enough to be included.

A good example of this in Arizona is when a trial court decided on preventing the Mother from moving out of state with her child as there was not a good reason for the move. In these circumstances, the woman’s new husband was looking for a job as a welder in the northeast United States. As the stepfather had no training or experience as a welder and no job to justify the move, the court decided it was unreasonable. In the end the court of appeals had the trial court rehear the case to consider other determining factors such as the effects on the child the move would cause.

The burden of proof is squarely on the parent of the child or children to establish the move is in the best interests of the child or children. While courts acknowledge the right of each parent to further their career and understand that may mean traveling, it has to be measured against the other parents right to keep a meaningful relationship with the child or children.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

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 guardianshipchild relocationfathers rightsgrandparents 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 rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 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.

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Written by Canterbury Law Group

My Wife Cheated On Me And I Want A Divorce

My Wife Cheated On Me And I Want A Divorce

Law offices across America often hear the refrain of: “My wife cheated on me and I want a divorce!” Thankfully in most situations we can help. Read on to learn the best way to negotiate through this difficult transition.

One of the most mentally and psychologically painful experiences one can endure is when you discover your spouse has been cheating on you. The pain can endure for months as you come to terms with the situation. Understandably many men think the only option from this point is opting for divorce.

When Your Wife Cheats on You and You Want a Divorce

Your first port of call should be to speak to an experienced attorney. At this stage, you do not have to decide upon a course of action, but you should be aware of the options that are available. Similarly, just speaking to an attorney does not mean you will get a divorce, it just allows you the chance to obtain legal counsel regarding your current position. The attorney will explain the step by step process, should you decide on a divorce. They can also explain issues such as child custody and the division of property. You will also be made aware your divorce can go one of two ways, uncontested and contested. In short, a contested divorce is where the other party will not agree with the terms of the divorce you propose, and an uncontested divorce is when the other party does agree.

Does Infidelity Matter?

Since the advent of no-fault divorces, it means infidelity no longer has to be proven. However, the judge may take it into consideration if the acts of infidelity have had a negative financial impact on you. They may also consider the impact the infidelity has had on the child or children of the parents.

Property Division and Infidelity

Regardless of your wife cheating, it does not disqualify her from a property settlement. As Arizona is a state with a community property law, anything you acquired during marriage must be split evenly. The same applies to a division of debts, some will be considered separate and others will be considered community debts.

Alimony and Cheating

It is a fact, a wife who cheats will still ask for alimony in many cases. However, a court may offer her less alimony as it is based on financial need, if, for example, she has already moved in with her partner from the affair. You need to let your attorney know if the affair partner (or indeed any other party) is living with your wife before the divorce becomes finalized and of course, once the divorce is final.

Child Custody

A judge is always going to act in what they consider to be the best interests of a child or children involved in the divorce process. Sadly, courts will not always think your wife is a bad Mom, even if she has cheated on you. The only way something of this nature would come into play would be if her infidelity threatens the wellbeing of the child or children. For example, engaging in acts that can be described as sexual in nature around the children.

Sadly, many relationships can never bounce back after cheating. The damage is irreparable. But we are here to assist you in dealing with the relationship fallout following infidelity.

Source: “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, https://www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce/

Need an Affordable Divorce lawyer in Scottsdale?

The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

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