Arizona Custody: Decision-Making Rights vs. Parenting Time

First, it’s important to understand how Arizona determines custody. In 2013 Arizona changed the terminology to decision-making rights and parenting time. Decision-making rights dictates who has the right to make legal decisions about the child’s health, care, and upbringing, and parenting time determines where the child spends their time. Even in joint custody situations, both of those may not be precisely equal. For instance, even when both parents have decision-making rights, one parent may have the tie-breaking vote if they can’t come to a decision together. Likewise, the child may spend more time with one parent than the other, if, say, that parent’s residence is more convenient for school.

Making Decisions in the Best Interests of the Child

But how does the court decide how decision-making rights and parenting time is divided? Arizona family law dictates that all decisions should be made according to what is in the best interests of the child, rather than what is better for the parents. Arizona is also operating under an assumption that it is in the best interests of the child to maintain good relationships with both parents. This is, of course, unless there is a strong reason as to why it’s not beneficial, or even could be harmful. When we start considering that is when we start getting into whether you have grounds for full custody of your child.

Deciding Whether You Have Grounds for Full Custody

When it comes down to it, getting Arizona family court to agree to full custody will require a strong case that full custody with one parent is best for the child. Typically, that requires that the other parent fall into at least one of the following categories:

• A long distance parenting relationship, where the parent is unable to perform their parental duties
• A history of mental health issues that could potentially compromise the parent’s ability to care safely for their child
• A history of alcohol or substance abuse that could endanger the child if the parent indulges when they have care of the child
• A criminal history that would cause concern about the parent’s ability to care safely for their child, or a current sentence that would make the parent unable to perform their duties as a parent
• A history of abuse, either domestic or abuse of the child, that could put the child in danger
• Abandonment of the family or child

In the one of these situations, you may have grounds for full custody of your child. Keep in mind that Arizona courts do not take these rulings lightly, and will only aware full custody when there is a strong case to show it’s in the child’s best interests.

The Importance of a Good Family Law Attorney

As you can probably imagine, it’s not enough just to have the grounds for full custody. You will need to make a strong case before the judge, demonstrating beyond a doubt that it’s in your child’s best interests if you have sole decision-making rights, parenting time, or both. To find out if you have grounds for full custody, and to start building a strong case, contact the Simon Law Group today.

Clearly Document All Community Property

Arizona is a community property state, which means that in a divorce, all shared assets must be divided 50/50. In practice this might not always work out precisely equally, but the courts typically try to divide property fairly between both parties. For this to happen, however, you will need to provide documentation for any community property in the marriage. If you’re making an argument that something is community property that might be contested, it’s important to clearly document what the property is and why you believe it should be considered community property. For instance, if your spouse inherited money that was added to the marital accounts, or property that was maintained or improved using marital funds, the court may consider those assets to be community property.

Provide Documentation of Any Separate Property

Arizona is very clear that any property owned by either property prior to the marriage remains separate in the event of a divorce. In addition, inherited or gifted assets during the marriage are also considered separate property, although the court may rule them to be community property if they were in effect added to the marital estate. If you anticipate the assets to be contested as separate property, you’ll want to ensure you have thorough documentation of why you still believe them to be separate.

Don’t Forget About Debts

Many couples make the mistake of focusing only on splitting assets during divorce, forgetting that the division of debts can be equally as important, especially if a couple has a lot of debt. While splitting your debts, be sure to take into consideration what debt was acquired prior to the marriage, as that will be considered separate debt. In the case where the same accounts were used during the marriage as before, the court will try to determine a fair division of the difference in debt acquired over the course of the marriage.

Hire an Attorney

Divorce can be complicated, and if one or both parties are running high emotions, that can make it all the more so. If you have a lot of community property and debt to divide, and if you think it’ll be complicated or that bickering is going to make it more complicated, it’ll be better for everyone involved if you hire an attorney to represent your interests. Attorneys can negotiate the division without the emotional baggage and ensure everything gets split up fairly, streamlining the process and sometimes even making court unnecessary.

Find an Experienced Divorce Attorney

Splitting assets during divorce can be complicated, but with the right attorney you can make it as easy as possible for everyone involved. Since Arizona is a community property state, there are fairly straightforward guidelines as to how the community property and debt is to be split. An experienced law firm such as the Simon Law Group can help you avoid common pitfalls, negotiate for you without the emotional involvement, and put the final nails in your divorce’s coffin so that you can move on with your life. For more information or to schedule a consultation, contact us today.

What Is Emergency Custody?

Emergency custody is a temporary order that gives one parent sole legal and physical custody. All decision-making rights and parenting time will reside with that parent until the court has a chance to consider the case. The only reason Arizona courts will grant emergency custody is if they believe it’s necessary to keep the child safe, so you’ll have to have valid cause for seeking emergency custody.

Qualifications for Emergency Custody

In order to qualify for emergency custody, you’ll have to be able to convince the court that your child is in serious danger. You’ll need to be able to provide evidence to support your claims, and you could lose temporary custody  or a contempt of court charge if you aren’t honest. You also need to be pursuing a either a divorce or a change in custody at the same time.

What Happens Next?

Before you seek an emergency custody order, you are required to notify your co-parent that you intend to do so, unless you can honestly say that notifying them would place either you or your child in immediate danger. Next you’ll need to file your petition with the court.The judge will read the verified pleadings   and usually decide without a hearing  as to why your child’s safety is believed to be at risk. If the judge feels the concern is valid, they will issue an emergency custody order granting you sole custody until the return hearing. You will then need to serve your co-parent with the emergency custody order and the date for the hearing on emergency temporary orders, at which time both of you will have an opportunity to present your cases in full.

Making Decisions in the Best Interests of the Child

Emergency custody is difficult to get, and depends on factors such as the judge, the situation, and whether you and your attorney are able to present a strong case. If the judge declines to issue an emergency order, it doesn’t mean that they don’t view your situation as serious. The judge may issue an Order to Appear on Temporary Orders.  Remember that Arizona family courts try to decide everything with the best interests of the child in mind, and in most situations, that means preserving the relationship between the child and both parents.

If Emergency Orders Are Denied

If the court decides an emergency order is unnecessary, they could do one of two things. They may decline the emergency order and make you wait until the regular custody hearing to present your case again. Sometimes, however, the judge will see the urgency in your situation, even if they don’t view it as cause for an emergency order. If that is the case, they may schedule another hearing for expedited temporary orders.

The Importance of a Family Law Attorney

Emergency custody orders may be hard to get in Arizona, but you can set yourself up for success by having an experienced family law attorney to present your case for you. To schedule a consultation and discuss your options, contact Simon Law Group, PLLC, today.

• You are unable to provide for your own needs. A major point in favor of you needing spousal support is if you’re currently unable to provide for your own needs, and therefore the divorce is going to make you unable to support yourself. In that case, you can request maintenance to help support you while you work toward financial independence. If your need is an immediate one, you can seek “pendente lite,” which is temporary support orders that will ensure your needs are met until the divorce is finalized and the new orders go into effect.
• You are home-bound due to a dependent child. If you aren’t able to work outside of the home, maintenance may not be provided with the expectation that you’ll work toward becoming financially self-sufficient. For example, if you are prevented from seeking a job outside the home due to the care of a very young child or a disabled child, you’ll likely get maintenance to help support you while you care for the child.
• You’ve sacrificed your earning power to the benefit of your spouse. Arizona family law used to say that you might be entitled to maintenance if you’ve contributed financially or otherwise to your spouse’s earning power. The clause was a little vague though, so recently the law was updated to specify that you may be entitled to maintenance if you’ve reduced your own earning power in some fashion. For instance, if you’ve given up your career to stay home, raise your kids, and keep house, then you should be able to get maintenance in order to balance out your reduced earning power.
• You were married a long time. If you qualify, you may receive spousal support for a period of 30 to 50 percent of the duration of your marriage, although that’s a loose guideline and not necessarily a hard-and-fast rule. Support is usually a temporary situation to help bridge the gap between the lifestyle you’re accustomed to and complete financial self-sufficiency, but the longer you were married, the longer it may take to get to that point. For example, you could even be awarded permanent, ongoing support if you were married for an exceptionally long time, and due to advanced age or an extended time with no career, are unlikely to be able to achieve financial independence.

Proving you qualify for spousal support is a complicated matter, made even more so by the fact that there aren’t definite guidelines for maintenance. Unless you arrive at a figure and duration during mediation, determining entitlement and an amount is left up to the judge’s best judgment. Therefore it’s important to have a good divorce attorney to help guide you through negotiation, mediation, and if necessary, court. To discuss your unique case and whether you can expect spousal support, contact Simon Law Group, PLLC, today.

Married Fathers Rights in Arizona

In Arizona, if you were married at the time of your child’s birth, you’re automatically considered the father. This is helpful for one major reason: In Arizona, both parents are considered equally important to their child’s development. Because Arizona courts try to make all decisions based on what is in the best interests of the child, the tendency is to share both decision making rights and parenting time between the parents as equally as possible. Perfectly equal division may not always be possible, depending on the circumstances, but as long as there is not a reason for the court to decide otherwise, you should enjoy equal rights to your child as their mother has.

Unmarried Fathers Rights

If you and the child’s mother were not married at the time of your child’s birth, your paternity is not automatic, and you may need to jump through a few hoops to establish that you’re the father. Until you prove your paternity, you have no rights to your child, but once you establish paternity, you’ll have the same rights as a father who was married to the mother when the child was born. That is to say that as long as the courts don’t have a reason to be concerned about your involvement in your child’s life, you’ll most likely enjoy a fairly equal division of parenting rights between you and your co-parent.

How To Establish Paternity

Establishing paternity may seem like a scary process, but most of the time it can be resolved fairly easily. Your name on the birth certificate is considered proof of paternity, for example, or both you and the mother can sign a form voluntarily confirming your paternity. If neither of these options are available to you, you can still establish paternity by petitioning the court, and the court will order a paternity test. No matter how your paternity is established, once you are confirmed to be the father, you will have the same rights as a father who was married to the mother at the time of the child’s birth.

The Importance of a Father’s Rights Attorney

This time can be an extremely vulnerable time for a parent, especially a dad, and the wrong decisions could cost you invaluable parenting time with your child. A misstep could also prolong the legal battle or set you up for additional litigation later on. For the protection of your rights and your relationship with your child, it’s important to have an experienced family law attorney on your side, someone who is knowledgeable about everything a father must do to preserve his rights in court.

For more information about father’s rights in Arizona, or to discuss you individual situation, call Simon Law Group, PLLC, today and schedule a consultation.

Long Distance Parenting Schedules

Typically, when setting up a schedule for parenting time with a long distance parent, the parent who has stayed in the old neighborhood will keep the child for the school year, as this presents the least amount of upheaval for the child’s life. The parent who has moved will typically get several blocks of parenting time throughout the year, usually during school vacations to minimize disruption to the child’s school year. This might mean less parenting time in the calendar year, but because it means more quality time with the kids, it offsets the bulk of the year being spent with the other parent.

Travel Expenses

The parenting agreement will specify how travel expenses are divided between the parents. Sometimes one parent takes responsibility for travel one way, and the other takes responsibility for the other way, sharing the expenses relatively equally between them. Other times, one parent may be ordered to cover all of the travel expenses, for example, if one parent makes more or if that parent is the one making the decision to move long distance. Also, the parenting plan should identify who will or can accompany the children if airline flights are iinvolved.

Communication

Communication is always important between co-parents, but in a situation where both parents live in the same area and switch off parenting time regularly, communication is often used to coordinate pickups and dropoffs and to share important details of a child’s schedule. With long distance parenting, communication becomes even more vital, as good communication becomes the basis of the long distance parent’s day-to-day relationship with their child. The parenting agreement will need to establish the importance of communication, between the co-parents as well as between the long distance parent and the child.

Virtual and Drop-In Parenting Time

Today’s technology allows for greater involvement than ever in long distance parenting, thanks to technologies that make virtual parenting possible. The long distance parent can see their child and even be “present” during major milestones and other events, thanks to video conferencing. Additionally, the long distance parent may find that they can benefit from unplanned parenting time, known as drop-in parenting, at times when they are in town. The parenting agreement needs to establish expectations for flexibility from both parents to allow for virtual and drop-in parenting.

Renegotiating the Parenting Agreement

If either you or your co-parent has had to move, making one of you a long-distance parent when you weren’t originally, you may need to renegotiate the parenting agreement. Ideally the original parenting agreement should have established a procedure for changes to the parenting agreement, but if you and your co-parent are in disagreement over how long distance parenting will look in your situation, you may need to go back to your lawyers, mediation, and possibly even court to renegotiate the agreement.

It’s important to remember that in long distance parenting situations, Arizona courts prioritize what’s best for the child, rather than what’s convenient for the parents. With that being said, a skilled lawyer can make a strong case for what might be in your child’s best interests. To discuss your situation and how we can make a case for you, contact Simon Law Group today.

1. Make sure you’re in a financially sound place. Sometimes, just going through a divorce can be a financial hardship. Once the separation agreement is settled, and your finances and property are divided, it will be easier to make plans and set a budget. While the divorce is in progress, though, things might be tough financially, especially if you’re not the primary breadwinner. Fortunately, the court can award temporary support, known as “pendente lite,” to ensure everything is fair and stable for both parties until the divorce is finalized.
2. Find someone to talk to. Even if it was your decision, divorce can be traumatic, and it’s natural to want to talk to someone about what you’re going through. Your best course of action may be to find a therapist who will help you learn how to cope with divorce, but if that’s not an option, choose a friend you trust to be your confidant and to offer advice when needed. Don’t make the common mistake of venting to your kids. It’s important for kids to maintain relationships with both of their parents, and that’s hard to do when they’re pulled into the middle of the fighting.
3. Retain a good lawyer. Even if you’re overwhelmed with everything you’re facing, and especially if you’re overwhelmed with everything you are facing, having a good lawyer is one of the most important things you can do right now. A divorce attorney knows what needs to be done and when, and can be a guide during an overwhelming time. Most importantly, they can use their experience to give your case the best possible chance of a positive outcome.
4. Keep one eye on the future. Getting divorced gives you a lot to think about and do. It’s easy to get lost in the frustration of the moment, and forget to keep in mind what you’ll need for the future. A lawyer can help with this too, and will know everything you need to pay attention to and what kind of resolution you can reasonably expect. Especially if you have kids or pets that will be dependent on you after the divorce, it’s important to make sure you don’t sacrifice your future for an easy resolution in the present moment.

If you’re feeling overwhelmed by your divorce, the first thing you need to do is make sure you have a support structure in place. That means a legal professional to help guide the “nuts and bolts” of your divorce, and hopefully a psychological professional to help you figure out how to cope with divorce emotionally, as well. For more information about how our practice can help, or to schedule a consultation, contact Simon Law Group today.

Sharing vs. Alternating Holidays

In Arizona, family court tries to be fair to both parents and assign decision making rights and parenting time as equally as possible, and this includes holidays. Holiday visitation schedules usually follow one of a couple different models in order to keep things fair. Typically parents alternate holidays, which means that one year you might have your child for Thanksgiving and your co-parent has them for Christmas, and the following year, that is reversed. Another option is to share holidays by splitting the day. For example, you might have your child for Christmas morning while your co-parent has them for Christmas dinner. Any religious holidays that are important to you or your co-parent should be spelled out as well.

Minor Holidays

While most parents focus on major holidays when planning for holiday visitation, forgetting about minor holidays may set you up for fights down the road. Many parents continue the same parenting schedule for minor holidays as they do the rest of the year, but depending on your parenting schedule, that might be an unfair way of handling it. For instance, if the same parent has the kids on Monday every week, they have parenting time for a disproportionate number of holiday weekends throughout the year.

School Vacations

School vacations are another important factor to consider when writing the parenting agreement. In many cases, co-parents simply maintain the same schedule throughout vacations as they do throughout the school year, especially for long vacations, such as summer break. For shorter school vacations, such as fall break and winter break, you may want to specify in your parenting agreement whether you will be alternating or splitting those breaks.

Long Distance Parenting

Dividing up holidays may seem simple enough for two co-parents who live close to one another and share time fairly equally, but when one parent moves away, holiday visitation can get pretty complicated. Arizona family court tries to make decisions that are in the best interests of the child, and spending equal time with both parents would lack consistency when one parent lives far away from school, friends, and everything else the child knows. As a result, the long distance parent typically gives up regular parenting time during the school year, but gets more parenting time during school vacations to make up for it. Holidays are typically still split, but how they might be split is a little different, to ensure the long distance parent still gets sufficient parenting time throughout the year.

Considering Childcare

Finally, childcare should be considered when writing the parenting agreement. It doesn’t make sense for the child to spend a holiday or a school vacation with a parent that has to work if the other parent has that time off. For this reason, many parenting agreements specify that the other parent must be offered the parenting time first before childcare is arranged, especially during the holidays.

Putting It In Writing

When writing up a parenting schedule, it’s important that holiday visitation is addressed in detail. The parenting agreement is essentially your road map for co-parenting your child, so make sure it’s detailed enough that you won’t get lost! For help making sure your parenting agreement is airtight, contact Simon Law Group, PLLC, today.

Determining Entitlement

In Arizona, your entitlement to maintenance basically boils down to two things: if you’re unable to financially support yourself at the same standard of living established during the marriage, or if you’ve sacrificed your own career or contributed your income to benefit your spouse or the marriage.

For instance, if your income is dramatically lower than your spouse’s, and you will be unable to pay your bills and maintain the same standard of living after the divorce, you may be able to get maintenance. Likewise, if you stopped working to raise your mutual children and worked as a stay-home mom and wife for many years, you contributed to the household income, even though you didn’t personally bring in a paycheck. Furthermore, the long interruption to your career will likely hinder your ability to get a job and maintain the same standard of living after the divorce, entitling you to maintenance. Or if instead, you worked to enable your spouse to go to school, you contributed to the household in a way that benefits your spouse even after the conclusion of the marriage, therefore you may be entitled to maintenance for that as well.

Determining Amount and Duration

Spousal support typically has a set time limit, as it is usually intended to help the recipient get back on their feet and support themselves financially, rather than support them indefinitely. The exception might be if the recipient is older and isn’t likely to be able to change their financial situation at their age, or if they have a disability or are caring for a child with a disability.

The amount of maintenance and the length of time it’s available for may also depend heavily on the duration of the marriage. A spouse leaving a long term marriage will be more likely to get maintenance than one leaving a very short term marriage. Keep in mind that maintenance also typically ends if you get married again.

Choosing Mediation vs. Litigation

Maintenance can be a sticking point in divorce proceedings, and may even be the catalyst for a court battle. It’s generally recommended that if both parties can come to an agreement in mediation, they should. Arizona laws do not provide a maintenance calculator to help determine the amount of maintenance that should be awarded, and a judge’s decision can be extremely subjective. In mediation, on the other hand, your attorney can help you come up with a reasonable budget that will allow you to better understand your financial requirements and how much you can afford to sacrifice in negotiations.

Protecting Your Best Interests

Obtaining a divorce is surprisingly easy when compared to the challenge of ensuring both parties will be financially secure following the divorce. If you need to pursue or contest spousal support, it’s best to have an experienced attorney on your side. For a consultation to help determine whether you are entitled to spousal support, or whether you can fight a request for spousal support, contact Simon Law Group, PLLC, today.

1. Divorce attorneys can help keep things calm. Filling out the forms yourselves may not seem so hard, until you get into the nitty-gritty of negotiations. There is generally too much emotional involvement in a divorcing couple for both parties to see the situation clearly. Rather than allowing everything to get bogged down in arguing, allowing lawyers to handle the details helps everyone stay calm and focus on the task at hand.
2. A divorce attorney can make sure you’re being fairly treated. It’s easy to inadvertently shortchange yourself in a DIY divorce, partly because of the high emotions and also from lack of experience. You may not even realizing the agreement is unfair until it’s too late! Hiring an attorney enables you to get expert advice on what’s fair and what you can expect from the courts.
3. Having an attorney prevents common mistakes. It’s fairly common for people to make certain mistakes in their divorce agreements when filling out the forms themselves, such as not being specific enough. The risk can have even greater repercussions when children are involved, especially seen in this legal example. A family law attorney can make sure that everything is done correctly, saving you time, frustration, and possibly even money in the long run.
4. A divorce attorney can help protect the vulnerable. If there are children involved, or if you’ve suffered abuse, it’s especially important that you have someone to guide you and possibly make a strong case against your partner in court. Arizona is a no-fault divorce state, which means that you don’t have to prove wrongdoing in order to get a divorce. The exception is if you have a covenant marriage, where you may need to be able to prove your spouse guilty of substance abuse, domestic violence, adultery, or abandonment. Hiring an attorney also helps protect your children, if your child’s well-being hinges on making a strong case against your spouse having custody.

Hiring a divorce attorney may seem like an intimidating step, but once you’ve done so, the process will go much easier. For more information about how to protect yourself from mistakes during a divorce, or to meet with us about your case, contact the Simon Law Group, PLLC, today.