A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
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
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.
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.
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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.
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