Arizona Paternity Laws

How Do I Enforce Parenting Time | Arizona

Kip Micuda

 

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

What is the Importance of Establishing Paternity | Scottsdale Paternity

Chris Hildebrand

 

Establishing Paternity in Scottsdale

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.

Legal Rights for Paternity

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

Establishing Paternity in Scottsdale

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.

Legal Rights for Paternity

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

How Does Genetic Testing Affect Paternity | Arizona

Kip Micuda

 

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Can a Father’s Name be Added to a Birth Certificate | Arizona

Michael Clancy

 

A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

Opting Out of Famility Dispute Through Arbitration | Arizona

Mitchell Reichman

 

What is Opting Out?

Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

What is Opting Out?

Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

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

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