A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Child custody, which is now called legal decision-making modifications, are controlled by Arizona Revised Statutes, title 25, section 411, and Arizona Revised Statutes, title 25, section 403. A parent cannot modify legal decision-making or parenting time earlier than one year after the initial determination. Unless the court permits the request, because there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral, or emotional health.
The first step is to file a Post-Decree Petition for modification with the court. In order to obtain the modification the court considers 11 factors, which are clearly outlined in Arizona Revised Statute, title 25, section 403. Please contact me at Warner Angle, 602-264-7101. I will schedule a complimentary consultation to review your options of obtaining a modification, and the factors that the court considers in making their determination. I’ll look forward to meeting with you.
Child custody, which is now called legal decision-making modifications, are controlled by Arizona Revised Statutes, title 25, section 411, and Arizona Revised Statutes, title 25, section 403. A parent cannot modify legal decision-making or parenting time earlier than one year after the initial determination. Unless the court permits the request, because there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral, or emotional health.
The first step is to file a Post-Decree Petition for modification with the court. In order to obtain the modification the court considers 11 factors, which are clearly outlined in Arizona Revised Statute, title 25, section 403. Please contact me at Warner Angle, 602-264-7101. I will schedule a complimentary consultation to review your options of obtaining a modification, and the factors that the court considers in making their determination. I’ll look forward to meeting with you.
In Arizona, child custody is now called legal decision-making. The law establishes a preference for joint legal decision-making, and a parent seeking sole legal decision-making will have the burden to prove to the court why such an order is in the best interest of the minor children. Some acceptable reasons might include drug or alcohol abuse, sexual abuse, physical abuse or mental illness.
In making it’s order, the court is required to consider all information that is relevant to the children’s best interest and in particular, the eleven statutory factors. I won’t describe all of those factors here, but they include the past, present and potential future relationship between the parent and the children; the children’s relationship with family members and their adjustment to home, school and community; the mental and physical health of the parents and the children; and if the children are of suitable age and maturity, the wishes of the children.
On this last point, there is no specific age at which a child gets to choose where to live. As the child gets closer to age 18, his or her wishes will carry more weight with the court. Typically, courts start giving significant weight to the child’s wishes around age 12 or 13. If you have more questions concerning legal decision-making or parenting time, please contact me.
In Arizona, child custody is now called legal decision-making. The law establishes a preference for joint legal decision-making, and a parent seeking sole legal decision-making will have the burden to prove to the court why such an order is in the best interest of the minor children. Some acceptable reasons might include drug or alcohol abuse, sexual abuse, physical abuse or mental illness.
In making it’s order, the court is required to consider all information that is relevant to the children’s best interest and in particular, the eleven statutory factors. I won’t describe all of those factors here, but they include the past, present and potential future relationship between the parent and the children; the children’s relationship with family members and their adjustment to home, school and community; the mental and physical health of the parents and the children; and if the children are of suitable age and maturity, the wishes of the children.
On this last point, there is no specific age at which a child gets to choose where to live. As the child gets closer to age 18, his or her wishes will carry more weight with the court. Typically, courts start giving significant weight to the child’s wishes around age 12 or 13. If you have more questions concerning legal decision-making or parenting time, please contact me.
Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.
You can contact Michael Clancy at (480)305-8300 to schedule a consultation.
Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.
You can contact Michael Clancy at (480)305-8300 to schedule a consultation.
A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.
The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.
Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.
Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.
The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.
School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.
By: Alan Cochran
A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.
The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.
Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.
Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.
The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.
School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.
By: Alan Cochran
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.
Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.
Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.
Author: Chris Hildebrand
Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.
Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.
Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.
Author: Chris Hildebrand
Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.
The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.
I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.
We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.
Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.
The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.
I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.
We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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