Arizona Family Law Laws

How To Establish Paternity In Arizona | Phoenix Family Law

Joel Hoffman

 

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

Erik Bergstrom - Profile Video | Phoenix Divorce Attorney

Erik Bergstrom

 

About Erik Bergstrom

My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.

Experience

I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.

By: Attorney Erik Bergstrom

About Erik Bergstrom

My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.

Experience

I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.

By: Attorney Erik Bergstrom

Joint Legal Custody | Scottsdale Family Law

Alan Cochran

 

Joint Legal Custody

Parents sharing joint legal custody, now referred to as joint legal decision-making, must reach agreements regarding major life decisions affecting their children. Each parent’s rights and responsibilities in communicating about reaching agreements regarding these decisions, are outlined in a court ordered parenting plan.  Disagreements between parents regarding these decisions are often resolved through mediation, or through the use of a third person usually referred to as a parenting coordinator.

Arizona Legal Decision-Making

In Arizona, the law is that it is consistent with the child’s best interest. The court shall adapt a parenting plan that provides both parents to share legal decision-making regarding their child.  New custody law encourages, but does not mandate equal parenting time. Additionally, the same section of the statute provides that the court shall not prefer a parent’s proposed parenting plan because of the parent or the child’s gender. It is always best if both parents can decide custody for the best interest of their children.

However, if not able to do so, the court will enact orders either joint or sole legal decision-making at the time of trial. Presently, there is a greater emphasis on parental responsibility as well as parental right. There is a presumption however, that joint legal decision-making is not in the child’s best interest if one of the parents has committed an act of domestic violence, abuse drugs, alcohol, or has being convicted of any drug offense within the last 12 months before the petition was filed.

Deciding Factors for Courts

The most compelling factors the court must consider when deciding legal decision-making and parenting time in Arizona, include the children’s relationship with each parent and any siblings, the children’s adjustment to each parents home, schools, and the community each parent resides in. Another factor is the wishes of the children, but only if the child is of a suitable age and maturity to make such decisions.

The mental and physical health of all individuals involved in the family and the children residing in the home. It also includes which parent is more likely to allow the children frequent, meaningful, and continuing contact with the other parent.  The court also weighs any domestic violence, child abuse, and child neglect issues, as well as any intentional misleading of the court by either parent to cause unnecessary delay, increased cost of litigation, or to attempt to persuade the court to prefer the false-reporting parent’s position over the other. If you’re 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

Joint Legal Custody

Parents sharing joint legal custody, now referred to as joint legal decision-making, must reach agreements regarding major life decisions affecting their children. Each parent’s rights and responsibilities in communicating about reaching agreements regarding these decisions, are outlined in a court ordered parenting plan.  Disagreements between parents regarding these decisions are often resolved through mediation, or through the use of a third person usually referred to as a parenting coordinator.

Arizona Legal Decision-Making

In Arizona, the law is that it is consistent with the child’s best interest. The court shall adapt a parenting plan that provides both parents to share legal decision-making regarding their child.  New custody law encourages, but does not mandate equal parenting time. Additionally, the same section of the statute provides that the court shall not prefer a parent’s proposed parenting plan because of the parent or the child’s gender. It is always best if both parents can decide custody for the best interest of their children.

However, if not able to do so, the court will enact orders either joint or sole legal decision-making at the time of trial. Presently, there is a greater emphasis on parental responsibility as well as parental right. There is a presumption however, that joint legal decision-making is not in the child’s best interest if one of the parents has committed an act of domestic violence, abuse drugs, alcohol, or has being convicted of any drug offense within the last 12 months before the petition was filed.

Deciding Factors for Courts

The most compelling factors the court must consider when deciding legal decision-making and parenting time in Arizona, include the children’s relationship with each parent and any siblings, the children’s adjustment to each parents home, schools, and the community each parent resides in. Another factor is the wishes of the children, but only if the child is of a suitable age and maturity to make such decisions.

The mental and physical health of all individuals involved in the family and the children residing in the home. It also includes which parent is more likely to allow the children frequent, meaningful, and continuing contact with the other parent.  The court also weighs any domestic violence, child abuse, and child neglect issues, as well as any intentional misleading of the court by either parent to cause unnecessary delay, increased cost of litigation, or to attempt to persuade the court to prefer the false-reporting parent’s position over the other. If you’re 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

Who is Required to Report Child Abuse in Arizona?

Kip Micuda

 

State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.

By: Attorney Kip Micuda

State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Modifying Arizona Child Support Orders | Scottsdale Family Law

Greg Davis

 

Modifying Child Support in Scottsdale

Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.

By: Greg Davis

Modifying Child Support in Scottsdale

Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.

By: Greg Davis

How to Change a Child's Last Name in Arizona | Hildebrand Law, PC

 

Changing a Child’s Last Name in Arizona

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.

Changing a Child’s Last Name in Arizona

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.

Is There a Difference Between a Legal Separation & Divorce | Phoenix Legal Separation

Joel Hoffman

 

Legal Separation vs. Divorce

This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.

Religion & Health Insurance

The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.

If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Legal Separation vs. Divorce

This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.

Religion & Health Insurance

The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.

If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

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