Arizona Family Law Laws

Can a Child Decide Which Parent to Live With | Scottsdale Child Custody

Greg Davis

 

Child Opinions in Custody Cases

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 Opinions in Custody Cases

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

Am I Required to Report Child Abuse | Scottsdale Child Abuse

Chris Hildebrand

 

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

What Does the Court Consider During a Divorce Case | Tempe Divorce Laws

Douglas Gardner

 

Divorce Case in Tempe Courts

For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.

Parenting Time

The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.

Legal Decision Making

The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.

Child Support

The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.

If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.

By: Attorney Douglas Gardner

Divorce Case in Tempe Courts

For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.

Parenting Time

The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.

Legal Decision Making

The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.

Child Support

The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.

If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.

By: Attorney Douglas Gardner

How to Enforce Child Support in Arizona | Phoenix Family Law

Joel Hoffman

 

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, 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

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, 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

How Do You Reclaim Your Maiden Name | Arizona

Kip Micuda

 

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

What are the Differences Between Settlement & Litigation in a Divorce Case | Tempe…

Douglas Gardner

 

Divorce Settlement vs. Litigation

There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.

Settlement

Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.

Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.

Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.

By: Attorney Douglas Gardner

Divorce Settlement vs. Litigation

There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.

Settlement

Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.

Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.

Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.

By: Attorney Douglas Gardner

What Should I Expect During the First Meeting With My Divorce Attorney | Arizona

Mitchell Reichman

 

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

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.

Should I bring all of my records to the 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.

What information are you looking for initially?

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.

By: Mitchell Reichman

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

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.

Should I bring all of my records to the 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.

What information are you looking for initially?

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.

By: Mitchell Reichman

What is a Resolution Management Conference | Phoenix Divorce Attorney

Jason Castle

 

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court.  The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.

However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.

Settlement Meeting

During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.

Temporary Orders

Temporary orders are the rules or the orders that will apply between that point in time and the final decree.  During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.

By: Jason Castle

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court.  The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.

However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.

Settlement Meeting

During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.

Temporary Orders

Temporary orders are the rules or the orders that will apply between that point in time and the final decree.  During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.

By: Jason Castle

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