https://www.simonlawgroupaz.com/category/arizona/ Site by Vuria Sat, 26 Nov 2016 16:50:53 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.2 https://www.simonlawgroupaz.com/wp-content/uploads/2019/04/cropped-Layer-2-32x32.png https://www.simonlawgroupaz.com/category/arizona/ 32 32 https://www.simonlawgroupaz.com/backlog-of-family-law-cases-in-arizona/?utm_source=rss&utm_medium=rss&utm_campaign=backlog-of-family-law-cases-in-arizona Sat, 26 Nov 2016 16:50:53 +0000 http://www.simonlawgroupaz.com/?p=5267 ]]> [email protected] or (480)745-2450 for a no fee consultation to determine what is best for you.            ]]>

]]> https://www.simonlawgroupaz.com/legal-decision-making-parenting-time/?utm_source=rss&utm_medium=rss&utm_campaign=legal-decision-making-parenting-time Thu, 26 Feb 2015 19:15:39 +0000 http://www.simonlawgroupaz.com/?p=5032 ]]> Legal Decision-Making Explained In Arizona, legal decision-making still means legal custody and can be either sole or joint, depending on how the Court sees fit. When awarding legal decision-making, the Court will consider factors such as parental behavior during the proceedings (intentionally misleading the court or purposely creating delays affect final decisions), as well as parental use of drugs and/or alcohol, especially within the preceding year. Sole Legal-Decision Making When sole legal decision-making is decided upon, only one parent has the right to make important decisions for the child; however, this doesn’t mean that decisions are one-sided, as both parents may discuss the options at hand. What sets sole legal-decision making apart is the fact that only the parent who has been given it will have the final say on the matters. There are different ways that sole legal decision-making can be awarded to a party: either by the agreement of both parents or as a decision made by the court based off of a number of factors. For example, the court may order sole legal decision-making if there has been a history of domestic violence or abuse, drug or alcohol abuse, or other circumstances that cause the court to question the fitness of one of the parents. The court may even award sole legal decision-making in a situation where both parties are fit, but unable to work with one another. Joint Legal-Decision Making When joint legal decision-making is ordered, both parents have an equal right to make decisions for their child. In some cases, however, the court may order that only one parent will be able to decide certain issues regarding the child. Parenting Time The awarded time that parents receive while providing their legal decision-making is now referred to as “parenting time.” As it applies to parental rights in Arizona, parenting time refers to the court-approved schedule that each parent has with the child(ren) – a parenting plan that allows for shared legal decision-making in the best interest of the child(ren). To accomplish this, the amendment requires that each parent submit a detailed parenting plan to the Court that includes information such as how they wish to handle visitation changeovers and how they will communicate about the child(ren). Parenting time was created with the belief that only parents know what is best for their child(ren), and that litigation may actually work to complicate matters further. Furthermore, it is believed that assistance, such as divorce mediation, can help parents construct favorable and feasible parenting plans on their own – ultimately working through conflict to create a platform for trust, respect and circumstances that are in the best interest of the child(ren). With over 30 years of experience in divorce and family law, Simon Law Group’s Tempe divorce attorney can streamline and clarify any process concerning legal decision-making and parenting time. For 24-hour professional, legal assistance, or to set up a free consultation with a Simon Law Group family attorney, please call 480-745-2450 or contact our firm online.]]>

]]> https://www.simonlawgroupaz.com/unpredictability-of-spousal-maintenance/?utm_source=rss&utm_medium=rss&utm_campaign=unpredictability-of-spousal-maintenance Fri, 04 Jan 2013 15:54:39 +0000 http://www.simonlawgroupaz.com/?p=3772 ]]> ]]> https://www.simonlawgroupaz.com/unborn-child-may-recover-in-wrongful-death-case/?utm_source=rss&utm_medium=rss&utm_campaign=unborn-child-may-recover-in-wrongful-death-case Tue, 11 Sep 2012 15:58:35 +0000 http://www.simonlawgroupaz.com/?p=3415 ]]> The statute does not have a gestational period requirement for purposes of its definitional section. Any “child” is a beneficiary under the wrongful death statute. This would include a child adopted during the life, as well as anyone who is genetically determined to be a child, which, under the paternity statutes could be done at any time by DNA testing. If the DNA of the deceased person is preserved from which a chain of custody can be legally established to match the child, irregardless of when the child was born, and there is a legitimate match, then the child would be determined to be a beneficiary under the wrongful death statute. ]]>

]]> https://www.simonlawgroupaz.com/purchaser-of-classic-car-at-auction-has-case-dismissed/?utm_source=rss&utm_medium=rss&utm_campaign=purchaser-of-classic-car-at-auction-has-case-dismissed Thu, 14 Jun 2012 12:04:18 +0000 http://www.simonlawgroupaz.com/?p=3350 ]]> ]]>