Arizona Paternity Laws

What is Sole Legal Custody and Decision Making in Arizona | Hildebrand Law, PC

Chris Hildebrand

 

Sole Custody and Legal Decision Making in Arizona

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

Sole Custody and Legal Decision Making in Arizona

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

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 Should I Expect During the First Meeting With My Divorce Attorney | Arizona

Mitchell Reichman

 

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

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.

Should I bring all of my records to the 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.

What information are you looking for initially?

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.

By: Mitchell Reichman

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

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.

Should I bring all of my records to the 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.

What information are you looking for initially?

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.

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

Is it Important to Establish Paternity | Phoenix Paternity Laws

Erik Bergstrom

 

Paternity Importance

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.

By: Attorney Erik Bergstrom

Paternity Importance

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.

By: Attorney Erik Bergstrom

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

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