The Best Interests of the Child

First and foremost, it’s important to understand that for all child custody decisions, the court prioritizes what’s in the best interests of the child over the desires and conveniences of the parents. Arizona family law holds that in most cases, it’s important for the child’s development to maintain relationships with both parents. This changes of course if one or both parents have histories of child abuse, substance abuse, abandonment, or another issue that will hamper the parent’s ability to care for and make decisions for their child. The court decides on two separate types of custody: decision-making rights and parenting time.

Joint Decision-Making

Since Arizona approaches each custody case with an assumption that it’s in the child’s best interests to be raised by both of their parents, most often custody arrangements will divide both decision-making rights and parenting time equally between the parents. This might mean that one parent has medical decision-making rights while the other has the power to decide on other decisions such as educational, or it might mean that all decision-making is divided equally between the two parents. If medical decision-making is shared between both parents, the parenting agreement put in place by the court may also outline how decisions are to be made if the parents cannot come to an agreement.

Sole Decision-Making

In the event that the court determines one parent cannot or should not have decision-making rights, sole decision-making may be awarded to just one parent. This is a possibility if the parent has a history of domestic or child abuse, if they have abandoned their child in the past, or if they have a history of substance abuse that will make responsible shared decision-making difficult. The parenting agreement will dictate the terms of any decision-making and indicate whether the deciding parent still needs to consult with the other parent before making a decision, but ultimately the decision will fall to just the one parent.

Making Your Case for Medical Decision-Making

If you have reason to believe that you should hold sole medical decision-making for your child, it’s imperative that you make a strong case to justify why. As previously noted, Arizona holds that it’s in the best interests of the child to have both parents equally involved in their upbringing, so to be awarded sole decision-making rights you will need to be able to prove that it is not in the best interests of your child to have their other parent involved in the decision-making. Proving this can be difficult, so it’s important to be prepared with strong evidence as to why you are moving to limit the other parent’s involvement.

Finding an Attorney

Before you make your case for child custody, it’s important to find professional guidance. An experienced family law attorney knows how to build a strong case and can help you to avoid common pitfalls. For more information about decision-making and other child custody issues, or to schedule a consultation, contact the Simon Law Group today.

Evidence for Rising Child Care Costs in Arizona

You may have seen news reports in recent months about how much Arizona child care costs have risen. The Economic Policy Institute reported recently that infant care in Arizona averages $10,948 a year, or $912 a month. To put that into perspective, a year of infant care costs more than putting your child through a year of college. The cost of preschool-aged child care isn’t much less, averaging $8,547 a year or $712 a month, meaning that by the time kids start public school, their parents can easily have spent close to $50,000 in child care, per kid.

The Impact on Divorced Arizona Parents

The impact on traditional, two-parent Arizona families has been difficult enough. Local news stations have reported on families making the decision to transition to a single income, with the higher-earning parent supporting the family while the lower-earning parent quits their job and stays home with the kids. The family might sacrifice a little of their earning power, but since so much of the second income was funneled into childcare, the financial sacrifice isn’t as great as it would initially seem.

For two-parent homes, it might make sense for one parent to stay home to care for the children, but for most divorced parents, this is an impossibility. With two completely separate households to support, both parents must work. Unless one or both parents have family that can help provide free or low cost care, the cost of child care can be a difficult and unavoidable burden on divorced parents.

What You Can Do

The rising cost of Arizona child care is daunting, and unfortunately there isn’t much you can do, other than finding alternative options and minimizing your costs as much as possible. One thing you can do, however, is to ensure that your child custody plan addresses the cost of child care and divides the expenses as fairly as possible.

In Arizona, child care costs are typically assessed as separate to general child support. Child support is intended to cover a child’s basic needs and to support the same standard of living the child had prior to the parents’ breakup. Child care is therefore tallied separately, and needs to be addressed in the legal parenting plan to ensure an equitable arrangement. Make sure your parenting plan breaks down the typical child care costs and who is expected to pay for what.

Next Steps

If you are a single parent feeling the pressure from rising child care costs, don’t wait to act. The sooner you seek an amendment to your parenting plan, the better. Adjusting your parenting plan can establish written expectations for who will pay child care costs, especially if they continue to rise. If you need help navigating the system, or if you want to be sure that everything is done correctly, contact Simon Law Group, PLLC, today to schedule a consultation of your case.

Fortunately, Arizona no longer prioritizes moms in custody battles, so as a dad, you’ll have equal footing with their mother in family court. Here is everything you need to know about getting primary custody in Arizona.

The Best Interests of the Child

Arizona family courts view both parents as having equal rights to their child. Even more importantly, the courts prioritize the best interests of the child above all else. This means that they won’t make decisions based on what is most convenient for the parents. Custody rulings are always made with the child’s benefit and wellbeing in mind.

As a concerned father, though, what does Arizona’s focus on the best interests of the child mean for you? First and foremost, it means that there’s no presumption that mothers make better primary caregivers than fathers, which is good news for all the dads out there. Arizona family courts believe that it is important for a child’s development and growth to maintain relationships with both parents whenever possible. Judges will try to maintain those relationships unless doing so would endanger the child.

Types of Custody

These days, Arizona courts have gotten away from the term “custody” in favor of more precise terminology. Courts award decision-making rights, which means who has the ultimate say-so in big decisions such as health care and education, as well as parenting time, which is of course the amount of time the child spends in your physical custody. Primary custody means that you have the majority of parenting time, and possibly more decision-making rights as well. Sole custody implies that you have both decision making rights and physical custody, although the other parent may or may not have visitation with your child.

How To Seek Primary Custody

Since Arizona family courts prioritize the best interests of the child, in order to get primary custody you’ll need to prove it’s in the best interests of your child if you are the primary custodial parent. If the mother has a history of substance abuse, domestic violence, or other concerns to the child’s safety and wellbeing, you should have a fairly watertight case for primary custody. Even being able to provide a more stable and consistent home could be a strong argument in your favor. An attorney can help you build a compelling case in your favor.

Extra Steps for Unmarried Fathers

If you and the mother weren’t married at the time of the child’s birth and you’re not on the birth certificate, you may have some extra steps before you can seek primary custody of your child. The court requires you to file for establishment of paternity first. Once paternity is established, you’ll share all the same rights (and responsibilities) as the mother.

Legal Representation

Arizona’s policy of putting children first looks great on paper, but in reality, it’s still important to have good representation and present a solid case when you go to court. Contact Simon Law Group, PLLC, today for a consultation of your case to determine the best way we can help in your quest for primary custody.

Establish Paternity

The first and foremost thing an unwed father needs to do is to establish paternity if it isn’t already. If you’re lucky, you may have signed the birth certificate when the child was born, establishing yourself as the father. If you aren’t on the birth certificate, you will need to establish paternity another way. One way is if both you and the mother sign an acknowledgment of paternity. If you are unable to get the mother to sign this form, however, your only option may be to petition the court to establish paternity. Once you file the petition, the court will order paternity testing. If the mother refuses to comply with the court order for paternity testing, the judge can enter a default order of paternity.

Get a Child Custody Order

Once paternity is established, the next step is to get a custody order in place. A custody order protects your continued relationship with your child by establishing your rights to make parenting decisions and spend time with your child. You’ll also need a parenting agreement, which lays out everything from how you will make decisions about health care and education, to a schedule of what time the child will spend with each parent. Ideally you’ll be able to set the parenting agreement up yourselves, with the help of your lawyers and/or mediators, as the two of you know your situations and your child better than anyone else, making you the best equipped to make the necessary decisions. If you can’t come to an agreement, however, the court will hear both sides and then make a decision for you.

Find a Lawyer

While everything so far can be done without the help of a lawyer, there are many missteps and pitfalls along the way if you don’t have the guidance of an experienced family law attorney. Having a lawyer on your side can make establishing paternity faster and easier, since your attorney knows the process. A lawyer can assist you in negotiations, hopefully removing one of the biggest sources of conflict in a breakup and custody battle. A lawyer can also help make sure your parenting agreement is thorough and that everything in it is watertight, preventing conflicts from arising based on miscommunication or misunderstandings in the agreement.

Most likely you’re going through a major upheaval in your life right now, if you’re breaking up or have just broken up with your partner, so it may be difficult to shift your focus to protecting your long-term relationship with your child. Getting a lawyer will help you pursue your parental rights during this challenging time. For a consultation of your case, contact Simon Law Group, PLLC, today.

1. Every decision made has to do with the child’s best interests. Arizona family law focuses primarily on what’s good for the child in custody cases. This means that regardless of what you and your ex are fighting over, the courts are going to put your kid’s best interests first. It also means that if you have a valid reason to want full custody, such as in cases of abandonment, abuse, or substance abuse, you may be able to get it if you and your lawyer put together a convincing case of why sole custody is in your child’s best interests. In general, though, Arizona family law tends to believe until proven otherwise that it’s best for the child’s development to have both parents involved in their life.
2. Arizona family law has gone away from using the term “custody.” Now, the courts assign decision making rights and parenting time. The court’s preference is to share both between both parents, but there is no guarantee they’ll be shared equally. Arizona courts usually prefer to try to keep everything as consistent as possible for the child’s benefit. With that in mind, courts may award fairly equal decision making rights and parenting time if both parents are staying in the same area and can provide stability as the child travels back and forth. On the other hand, they may give one parent one or both if the other is moving away, for example, or if there are concerns regarding the other parent.
3. The parenting plan is a legal document. It’s important to remember that the parenting plan represents a legally binding agreement between both parents, and must be followed precisely. Typically, the parenting agreement will dictate everything from religious education to parenting schedules. The parenting schedule is important, as it establishes a stable routine that everyone can rely on, especially the child. The parenting plan will also dictate how the co-parents are to resolve any issues that arise, such as decision-making disagreements or scheduling conflicts.
4. It’s important to spell everything out precisely. Keeping in mind how important the parenting plan will be in determining the course of your family’s lives, it’s important to make sure you are perfectly clear about every single thing in it. Anything that is not spelled out in the parenting plan could be a source of conflict later on. Gray areas and loop holes leave room for misunderstandings, legal battles, and expensive litigation, depending on how much the situation escalates. The best way to avoid this is to make the parenting plan airtight under the guidance of an experienced family law attorney.

Getting a divorce or establishing a custody agreement for your child is a pivotal point in your life, and it’s important to understand what you’ll be facing as you go through this process. Make sure you protect yourself as much as possible by having an experienced legal expert looking out for your best interests. For more information about Arizona family law or to schedule a consultation, contact Simon Law Group, PLLC, today.

How does custody work in Arizona?

To be more clear about how custody works, Arizona family law divides it into two categories: decision making rights and parenting time. Decision making rights means the right to make crucial decisions, such as decisions about health care or the child’s education. Parenting time is the time the child actually spends with the parent. In most cases, the court tries to divide both decision making rights and parenting time fairly equally between the parents whenever possible.

Do mothers automatically have more parental rights?

One common misconception about family law is that mothers automatically have more rights than fathers. In Arizona, the courts approach each case assuming that both parents have equal rights to make decisions and spend time with their child. When making decisions, the courts also prioritize the best interests of the child over the preferences of the parents.

How do fathers get equal parental rights?

Typically fathers are already treated equally to mothers in Arizona, but paternity must be established first. If the parents were married at the time of the child’s birth, the father already has equal parental rights under Arizona family law. If the parents were unmarried at the time of the birth, someone will need to petition the court to establish paternity, but once that is established, the father will have the same rights (and the same responsibilities) as a father who was married.

Can you get full custody in Arizona?

While Arizona family law tries to approach most cases with the assumption that both parents are equally important to a child’s development, the courts do make decisions based on the best interests of the child. This means that in some cases, the courts may decide that it’s not in the child’s best interests for one parent to have decision making rights and/or parenting time. For instance, in cases of abuse, neglect, substance abuse, abandonment, mental illness, or long-term incarceration, the courts may decide to grant sole custody.

How does long distance parenting affect custody?

If one parent has to move away for work or another reason, obviously an equal split of custody may no longer be possible. Typically, both parents still keep equal decision making rights, but the division of parenting time is affected, since school, transportation, and other considerations make it too difficult for the child to alternate frequently between co-parents. For consistency, the child typically will spend the school year with the parent who stayed in the old neighborhood, and school vacations with the parent who has moved away. The parents take turns getting the child for important holidays and greater communication between the child and the long-distance parent is encouraged.

Do I need an attorney to manage my case?

As you navigate your situation, you may have many more questions than just these few. Having an attorney to answer questions and guide your decisions can be not just reassuring, but may also protect you from expensive mistakes. For more information about Arizona family law or to schedule a consultation regarding your case, contact Simon Law Group, PLLC, today.

In Arizona, Legal Parents Start Out as Equals

In Arizona, both parents are assumed to have equal rights to their child, as the state has rewritten their codes to remove any favoritism toward mothers. Instead, Arizona approaches each case by prioritizing the best interests of the child. So while the courts attempt to give both parents equal shots at decision making rights and parenting time, they will also favor one parent or the other if there are factors that would be potentially harmful to the child’s well being, such as a history of abuse or abandonment, drug and alcohol use, or mental illness or instability.

Establishing Paternity

Of course, an unwed father is immediately at a disadvantage over a married father, as an unwed father must first prove paternity in order to be granted any parental rights. There are three ways you can do this in Arizona. If you signed the birth certificate when your child was born, for instance, you’re automatically recognized as the legal father of the child, and can expect to be treated as any married father in the court system.

If you didn’t sign the birth certificate when the child was born, you’ll have to prove now that you are the father. There are a couple of ways to go about doing this. The first and easiest is for the unwed father and mother to both sign a notarized form stating the paternity of the child. If you can’t get the mother to agree to this, all is not lost! You can file a motion with the court and they’ll order a paternity test, and if the mother refuses to cooperate, they’ll issue a default ruling.

Creating a Parenting Plan

Once you’ve established paternity with the courts, you’ll be awarded all of the legal rights of married parents. This means that you’ll be able to bring a custody case to court and create a parenting plan to establish decision-making rights and parenting time. Note, that equal decision-making rights do not always mean equal parenting time. The courts will ultimately rule on the parenting plan based on what is in the best interests of the child.

Unwed Fathers: You’re Not Alone

As an unwed father, you may feel like you have no rights to your child. In fact, Arizona courts want to do everything they can to protect the children’s best interests, and in most cases, this means ensuring kids have the opportunity for relationships with both parents. That’s not to say it’s an easy process, though. There are a lot of steps to the process of establishing your rights as an unwed father, and if the mother fights the proceedings, it can make everything a lot more complicated. Your best chances for success rest on establishing strong representation. To talk to someone who will advocate for your rights as an unwed father, contact the Simon Law Group today.

1. Divorce: This is one of the first things that come to mind when someone mentions a family law attorney, and for good reason. If you’re getting a divorce, it’s important to have a legal representative, to advocate for you and and to make sure everything is done right. A family law attorney can help advise you on your case and ensure the other side doesn’t take advantage of you.
2. Child custody: Custody battles are, of course, the next big thing people think of when they think of a family law attorney. Just because attorneys get involved doesn’t mean it has to be a big battle, though. Even if the arrangement is amicable, consulting with a lawyer will help you ensure that you haven’t left anything out or that your parenting plan isn’t too vague.
3. Child adoption: Another common use for a family law attorney is to adopt a child. Adoption is actually a fairly lengthy and complex legal process with a lot of paperwork to file and requirements to meet. Adopting can therefore seem overwhelming and confusing, but a good lawyer will act as a guide and an advisor throughout the process.
4. Guardianship: It’s not either a custody battle or an adoption, but sometimes it’s necessary for kids to be cared for by responsible adults other than their parents. Whether you’re the child’s grandparents, aunt or uncle, or have another relation to the child, getting a legal guardianship in place will ensure that you have the right to make important decisions for the child if they were to require, say, medical attention while in your care.
5. Domestic abuse: Escaping an abusive situation can be terrifying, and the fear of what comes next leads many victims to suffer through the relationship for longer than they should, perhaps forever. Don’t let that happen to you! If you’re ready to get out, contact a family attorney, who can act as a guide when you don’t know what to do next.
6. Power of Attorney: If you’re thinking of assigning Power of Attorney to a trusted family member or friend, it’s important to consult with a lawyer first. A family attorney’s legal expertise will ensure that everything is done right, for one thing, but your lawyer probably also has enough experience to provide recommendations on who to choose in your situation.

So what does a family law attorney do? You could say that we handle legal matters involving birth, death, and everything in between. Some of these life events are incredibly important to do right the first time, especially when you won’t get a do-over. For help getting all the details right, contact Simon Law Group, PLLC, today.

Early Days of Child Custody

When colonists began to settle in the United States, they were subject to English common law. During these times, the father was granted custody of his children following divorce. As the Industrial Revolution took place, fathers left their farms in search of work. Mothers were left behind to take care of the children. This shift in family structure was influential to custody decisions in divorce cases.

During the 19th century, it was not uncommon for courts to grant child visitation rights to non-custodial parents. These “access” rights gave the non-custodial parent the right to visit their child “at all reasonable times.” The rights were flexible and a schedule was put into place by the custodial parent. Child visitation rights could be denied if family law courts believed the children were at risk of harm by the non-custodial parent.

Later, many states in the U.S. adopted the Tender Years Doctrine. This law, which was passed by the British Parliament in 1873, presumed that children 16 years and younger were best left in the care of their mother following divorce. This law persisted for nearly a century.

Revolutionary Changes To Child Custody

During the 1960s, there was a divorce boom, which continued for a few decades. A debate regarding parental roles began to emerge as women became more involved in the gender equality movement and father’s rights groups became more and more prevalent.

By this time, the Tender Years Doctrine had become dated, and was soon replaced with a vague but inclusive standard. Judges would use their discretion to base decisions on what they believed was in the “best interest of the child.” Many custody battles soon became bitterly contested and long-fought.

One positive that came from the best interest standard was the birth of joint custody agreements. During the 1970s, the field of child development began to take note of the shifting gender roles in families, as well as the effect fathers had. By 1979, California became the first state to pass a joint custody statute. Other states followed suit, and by 1991, over 40 states had put into place statutes with joint custody as an option or preference for divorcing couples. These changes have lead to the modern legal custody system we have today.

If you have any questions about your custodial rights during or  after divorce, contact Simon Law Group, PLLC, today. They’ll be happy to assist you, as we have a wealth of knowledge and expertise in family law matters.

Reasons You Need a Family Law Attorney

Family law encompasses legal responsibilities between individuals who share a domestic connection. Cases typically involve people who are related by marriage or blood. The nature of these cases is often emotionally-charged, so it’s often urged that you seek legal counsel if you are involved in a family law case.

There are different types of cases that a family law attorney can assist you with, including:

• Adoption – Adopting a child is an exciting step for your family to take and can occur under a variety of circumstances. Each state has its own laws and rules about adoption. To ensure that the process is done correctly and to avoid any delays, you should seek legal counsel from a family law attorney.
• Guardianship – Legal guardianship occurs when sole care and responsibility of personal decisions for a child or minor is awarded to an individual or individuals. Much like adoption, seeking guardianship can be a very tricky process. Trusting a family law attorney can help make the process go much smoother for you.
• Child Custody – Going through a divorce when you are a parent can be a very difficult subject. Consider having a family law attorney on your side to help walk you through the process and provide support. They can help you navigate the different types of custody and assist you with setting visitation schedules with your former spouse.
• Termination of Parental Rights – Termination of parental rights can be done voluntarily or involuntarily and it often goes hand-in-hand with the adoption process. A family law attorney can help you better understand what this means and walk you through the process.
• Divorce – Divorce is never easy, and there are many state laws and moving parts involved. It can be an overwhelming process. A family law attorney will be by your side every step of the way. They can ensure your rights are protected while you navigate making decisions about assets, child support, and alimony.

Choose the Family Law Attorney That’s Right for You

Simon Law Group, PLLC, has the knowledge, experience, and expertise to assist you with your family law needs. They have represented husbands, wives, fathers, mothers, grandparents, and other close family members in a variety of family law matters. To learn more about how our family law attorney team can help you, contact us today.