Regular Post

Written by Canterbury Law Group

2 October 2017

How to Deal with Debt Collection Companies

Most Arizonians don’t know what to do when a debt collection company calls. The law does allow creditors or collection companies to call debtors and attempt to retrieve money owned. However, there are state and federal laws regarding which practices are allowed and which are explicitly prohibited. The Fair Debt Collection Practices Act and the Telephone Consumer Protection Act both stipulate what some attorney’s call “debtor’s rights.” When a collection company calls you, it’s important to know what rights you have against creditor abuse and malpractice.

When a Collector Calls

When a collection company calls you, they cannot demand that you pay the debt without informing you of several fundamental things. After the first call, the collection company has five days to inform you of the amount of debt that you owe and the name of the creditor to whom you owe the debt. If a collection company calls you demanding “payment” without specifying either of these, you have a fair case you can make against the collection company. You should contact a bankruptcy lawyer in Scottsdale if a collection company keeps calling without specifying the debt.

You can Contest the Debt

Most debtors are unaware that they can call into question the validity of a debt. Once a collection company calls you notifying you of a debt, you have 30 days to dispute the debt. If you doubt the validity of the debt, you can make a statement disputing the collection company’s claim. Once you have written to the creditor or the collection company, the parties should issue a statement in return verifying the debt in another 30 days. If you don’t get this verification statement after you issue a dispute, then the debt is very likely invalid.

When Creditors Don’t Match

Sometimes creditors sell debt. So some of your debt could be owned by a different creditor than the original person or entity you borrowed from. If the current creditor is different, then the collection agency must issue a statement with the name and address of the original creditor. If you don’t recognize the creditor of a debt, you must issue a statement and have the collecting agency specify the creditor’s identity. It’s important to note that the collection company cannot call you or try to retrieve a debt before notifying you who the original creditor is. You must get the verification as a written statement too.

Don’t Let Them Verbally Advise You

Some collection agencies may try to verbally tell you who the original creditor is, what amount of debt is owed, and other such factors. This is an attempt by collection companies to avoid issuing written statements. Documents can be upheld in court. If you get a verbal statement, the collection company can always change the story if the case goes to trial. Therefore, you must have physical statements mailed to you. Debtors have the legal right to such.

Collection companies that don’t adhere to the rules can be taken to court. In some cases, your debt may be waived and the court may demand the collection company to pay your attorney’s fees as well.

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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

21 July 2017

Marriage Annulment in Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment.

What is Civil Annulment in Arizona?

Civil marriage annulment takes place when a court declares that a marriage is not valid but void. It means that the court legally declares that for legal purposes the couple was never married. It can be confusing, but if what was considered a marriage was not obtained in accordance with legal requirements for marriage in Arizona, the court can annul the marriage. It’s sort of like a court “erasing” a marriage. It is as if the marriage literally never happened.

The Two Types of Civil Annulment

Courts in Arizona classify annulments in two ways as voidable marriages and void marriages. A void marriage is a union that was not valid from the beginning. Arizona has a list of prohibitions for marriage, such as incest, which would make a marriage completely invalid. If a biological brother and a sister got married, this is not a marriage that the state recognizes as valid, and therefore would incur in a void annulment. There are several other methods by which a marriage can be deemed void and you should consult a family law attorney for more details.

A voidable annulment is where one party can seek an annulment from a court. For example, if one spouse was deceived into marrying the other, the wronged spouse has the right to request a voidable marriage annulment. Deception grounds can include, for example, failure to consummate the marriage by one partner refusing to ever have sex with the other spouse at any time after the ceremony. Again, consultation with legal counsel is critical before you seek annulment.

Is an Annulment Any Different from Divorce?

Getting a divorce involves going through often-lengthy court proceedings to formally end a marriage. The important difference between divorce and annulment is that in the case of the former, the courts recognize the marriage as valid, and thus to end it there must be divorce proceedings according to the law. Annulments do not require going through lengthy court proceedings. Once a judge declares a marriage invalid, it’s no more. It typically can occur far faster than a conventional divorce litigation.

It should be understood that not all annulments are quick and painless. There are very specific grounds under which a marriage can be annulled. Absent qualification for such a remedy, your case will be diverted to a conventional divorce resolution like everyone else.

What are the Grounds for an Annulment?

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

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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

27 May 2017

How to Find a Divorce Mediator in Arizona

A divorce mediator is a neutral third-party that tries to facilitate legal negotiations between spouses who are getting divorced. If you and your spouse cannot come to conciliatory terms on your own, you may require the services of a divorce mediator. Some spouses conduct the mediation with just a mediator and no lawyers (3-way mediation), and others bring their own lawyers to aid their representation in front of a private mediator (5-way mediation).

Hiring a divorce mediator is not the same as hiring an attorney. A divorce mediator has the interests of both spouses in mind. That’s why your divorce lawyer in Scottsdale cannot typically act as a mediator; the lawyer will always act on your behalf, and the same goes for the other party’s lawyer as well. Divorce mediators listen to both parties, assist positive communications, and try to get the divorce negotiations going.

Here is a list of qualities to look for when finding a divorce mediator in Arizona:

Neutrality is Very Important

The purpose of hiring a divorce mediator is to level the playing field and make the talking table less hostile and aggressive. So make sure the person you hire is absolutely neutral. That means no friends, family, colleagues or divorce lawyers. The divorce mediator will act as an advocate, but not a legal advocate. All responsible divorce mediators encourage spouses to hire divorce lawyers separately to review any legally-binding agreements. Mediations can be one day or a series of days. Both spouses may want to consult their own privately retained lawyers before, during or after mediation sessions.

Search for Mediators who Offer Flat Fees

No matter what, you will both have to pay for a divorce mediator. Good divorce mediators understand that the financial costs of divorce are high, and offer affordable rates. Ideally, find a mediator that charges only a flat fee for all services provided. Avoid the ones that charge various additional fees. Divorce mediation in Arizona can cost anywhere between $3,000 and $10,000. The spouses can split the costs. This is usually far cheaper than heavily contested litigation with lawyers on both sides. Even if mediation ‘fails’, you will be far better equipped to enter the court system against your spouse with your separately retained legal counsel.

Choose a Mediator who Knows the Law

Divorce mediators do not have to be lawyers, but they typically are and are always knowledgeable about the law. It’s best to choose one of these mediators so he or she can help you both make informed decisions regarding the separation process. During negotiations, an educated mediator will be able to make suggestions according to the established law. You can then have these suggestions run by your lawyer to see if they are in your best interest.

Strong and Stable Communication is a Must

Divorce mediators typically excel in communication. However, communication goes both ways. If you are, for any reason, uncomfortable communicating with the divorce mediator, it’s time to look for a new one. Mediators must encourage fairness with the other spouse and act swiftly to diffuse problematic situations. Without the proper manner of communication, a divorce mediator will not offer many benefits to you. You can walk out, your spouse can walk out, and in some cases, the mediator will terminate the session if he or she believes that a final mediated settlement is not achievable.

It’s best to hire an experienced divorce mediator who has been doing this job for years. Many private litigation attorneys practice divorce mediation part-time. You might also consider a full-time divorce mediator who can dedicate full attention to your case. The problem with divorce lawyers acting as mediators is that lawyers are used to battling for a client, not acting as a neutral party. So, hire a neutral mediator and hire a lawyer separately to watch out for your best interest in the negotiations. As noted, some parties elect to conduct 5-way mediations: (1) Husband (2) Husband’s legal counsel (3) Wife (4) Wife’s legal counsel and (5) the Mediator.

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Regular Post

Written by Canterbury Law Group

24 April 2017

Common Questions about Divorce in Arizona Answered

In Arizona, divorce refers to a legal “dissolution” of marriage. You will go through a procedure in court to formally end your marriage. If you are the one who goes to court for a divorce, you will be identified as the “petitioner.” The other spouse will be identified as the “respondent.” Divorce in Arizona is not the same as in other states. Here are some answers to common questions most people have about divorce in Arizona.

Can I File for Divorce Anytime?

Either you or your spouse must have resided in the state for a minimum of 90 days before filing for a divorce at a local Arizona court. That is a legal requirement. If there are children, they must typically be in the state for 180 days to vest custody jurisdiction, depending on the facts of the case.

Do I Need a Divorce Attorney?

Technically, you can represent yourself in court. However, it is highly recommended to get your attorney from your local area, like a divorce attorney in Phoenix. If you choose to self-represent, the court will assume that you know all the laws and rules pertaining to your case. You will have to follow court procedures on your own. A judge may disallow you to take certain actions if you do not properly follow court procedure. No one at court will be able to give you legal aid because they are barred by law from doing so.

You can seek legal aid if you cannot afford an attorney for your divorce. You can also petition the court to have the spouse pay for your attorney’s fees if your spouse makes substantially more income than you do. Every case is unique.

Do I Need to Give a Reason for Divorce?

Not in Arizona. The state has a so-called “no fault” clause, which means neither party needs to give a reason for the divorce. Moreover, the romantic escapades of Husband or Wife will have no relevance in the underlying dissolution action. The mere desire to get a divorce is enough. In the court, only one spouse needs to claim that the marriage is “irretrievably broken “to finalize a divorce. The only exception is if the spouses have previously chosen a “covenant marriage”. Then, the petitioning spouse must provide ground or reasons for the divorce under state law.

What are A.R.S. and A.R.F.L.P.?

You will see these acronyms in the papers your divorce lawyer in Scottsdale or elsewhere files. The letters stand for particular legal statutes, or laws, in Arizona. A.R.S. refers to Arizona Revised Statutes, and A.R.F.L.P. refers to Arizona Rules of Family Law Procedure. You can go to the Arizona court or state websites to get access to these legal documents and rules if needed. Ideally, you simply hire counsel and let them do their job to advocate for your rights in the underlying divorce.

What Do I Do if My Spouse Doesn’t Want a Divorce?

Too bad. It’s going to happen anyway. In cases where a spouse is morally against the divorce from advancing, there is little they can do to stop the case. At best, the objecting spouse can request the court order a mandatory reconciliation counseling session which typically only pauses the case for 30 to 60 days. If at the end of reconciliation session, the spouses have not come to an agreement to postpone the divorce, the proceedings will go forward. Conciliation meetings are free of charge and rarely derail a case.

If you have children, then your proceedings will be subject to a wide range of family laws in Arizona. The legal aspects you should consider will depend on the type of custody you seek. For more information, you should contact an attorney in your area. Your children are your most treasured asset and case strategy and approach to maximize your custody is critical and experienced legal counsel even more important in such instances.

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Written by Canterbury Law Group

17 April 2017

Understanding Parenting Time under Arizona Law

Parenting time is established via binding legal documents when spouses with children divorce. The goal of parenting time is to provide children quality time with both parents even when the parents no longer live together. Children are afforded the opportunity to spend time and build a healthy relationship with both parents. Read ahead to better understand parenting time under Arizona law:

Is Parenting Time Different from Custody?

Yes, the two are not the same. Custody largely establishes living arrangements for the child with one or both parents. Parenting time determines how much time a child can physically spend with a parent who no longer lives with him or her. The purpose of parenting time is to ensure that a child has contact with a parent even following a separation.

Parenting times are decided along with custody orders, so the two are related. Scheduling parenting time is an important part of a custody arrangement. The child will predominantly live with one parent even in cases of joint custody. So parenting time will ensure the other parent has enough time with the child to a reasonable extent. It’s important to note that it will be the child’s needs that the court will consider first when setting parenting time, not the parent’s desire to spend time with the child.

How is Parenting Time Granted?

A family court will determine or review parenting time set forth in a custody agreement. Under Arizona law, a parent has the right to have contact with a child in a reasonable manner following a divorce. However, parenting time is always subject to modification by the court. A judge can limit or outright deny parenting time if there’s any indication that the time spent together could harm the child in a physical, psychological, emotional or an immoral manner. To fully understand your right for parenting time, seek family law help in Scottsdale or your local area to have an attorney look at your case.

How Long Can Parenting Time be?

The length of parenting time granted will vary depending on the age of the child and stage of development. For example, a father may not be granted lengthy parenting time visits with a newborn or a mother with an older teen son. The time is largely decided on a case by case basis.

The courts and parents are also expected to follow certain guidelines set forth by higher courts and counties. If you live in Coconino, Maricopa, Mohave, Pima, Pinal or Yavapai counties in the state, there will be established guidelines for parenting time to follow. The Model Parenting Time Plans published by the Arizona Supreme Court are also intended to assist parents in establishing workable schedules. If the parents don’t agree on a schedule, the court will provide one.

Is Parenting Time Limited to Parents?

No. There are some cases in Arizona where grandparents or similar family relatives can seek parenting time with a child in a case. However, a non-parent can only seek parenting time with a child if the child’s parents have divorced or if at least one parent is deceased or missing for three months in the least. The non-parent seeking parenting time must be considered a parental figure by the child to be granted such rights.

As mentioned before, parenting time is largely granted on a case by case basis. Your attorney is the best source for information about parenting time for your situation. Every case is unique.

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Written by Canterbury Law Group

12 April 2017

How to Protect Yourself against Creditor Harassment in Arizona

If you are far behind on a loan payment, you can expect the collection calls to start. However, if the collection calls are very frequent and disrupt your life, or the calls are threatening in any manner, then it can be considered harassment. Many indebted Arizonians face harassing calls and other harmful collection efforts from creditors. Here are several steps you can take to stop the abuse.

Try to Negotiate with the Creditor

The easiest and cost-free solution you can take is to try to negotiate with the creditor to settle the debt. Instead of not picking up the phone, in which case the creditor will find other ways to reach you, or ignoring calls, talk to the creditor directly. If your finances are too tight to pay back your loans, discuss it with your creditor and you may be able to come to new terms. Depending on your negotiating skills, and the creditor’s willingness, you may be able to get a payment extension, a reduced interest rate or a waiver or both.

If the creditor is particularly abusive, it is probably best not to engage should the behavior gets worse on the part of the creditor.

Call a Lawyer Immediately

It’s highly recommended to call a bankruptcy lawyer in Scottsdale or your local area to put a legal stop to harmful third party collection efforts. There are attorneys who specialize in providing relief to those who suffer from abusive creditors. No matter how much you owe, creditors cannot harass you as a part of their collection efforts. There are both federal and Arizona state laws to protect debtors against harassing creditors.

Protection is granted to consumers under the Fair Debt Collection Practices Act (FDCPA). The law outlines personal rights when it comes to debt collection practices. You can consult with a lawyer to find out whether any of your rights under FDCPA has been violated. The lawyer will be able to tell you if the behavior you have endured from the creditor can be considered a legitimate collection effort and what remedies you may have under the FDCPA.

You Can Sue if You are a Victim of Abusive Practices

If you know that you have been subjected to illegitimate collection efforts or practices that can be considered harassment, you can sue the creditor in question with the help of an attorney. The collection practices in question may be considered a violation of either state or federal law.

Harassment, in general, that involves constant phone calls, multiple phone calls on the same day, auto dialing calls and calling without leaving messages can be considered unfair practices. If the debtor calls your friends, family, employer or another third party regarding your finances, then it is a violation of the law. Other common creditor harassment practices include the use of threats, such as a threat to call the police on you, charging even more in addition to the debt such as late fees, not validating the debt or continuing to contact you after you have clearly stated your intent to refute the debt. If you have been subjected to any of these, you can take your case to court.

Additionally, filing for personal bankruptcy can relieve you of harassing debt collection efforts literally overnight. Speak with a seasoned bankruptcy attorney to evaluate your many options. Call us at 480-744-7711 for more help on these issues.

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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.

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