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. 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.
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.
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.
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.
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.
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.
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.
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
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.
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.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
A Judge Can Order a Parent to Attend Counseling in Arizona
A Judge Orders a Parent to Attend Domestic Violence Counseling in Arizona Can a judge order a parent in a child custody…
Read MoreArizona Dissolution of Marriage
In divorce, many issues require a resolution. Those issues can be resolved either by you or by the court before you can…
Read More
