Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.
The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.
If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.
By: Chris Hildebrand
Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.
The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.
If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.
By: Chris Hildebrand
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.
A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support. Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.
For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.
A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support. Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.
For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.
I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.
So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.
So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.
An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error. That would be an error in a legal issue or perhaps an error in a factual finding.
Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement. That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review. So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard. A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.
By: Kathi Sandweiss
I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.
An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error. That would be an error in a legal issue or perhaps an error in a factual finding.
Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement. That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review. So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard. A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.
By: Kathi Sandweiss
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
Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.
By: Chris Hildebrand
Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.
By: Chris Hildebrand
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
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