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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
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