Child Custody before Divorce

IQOTD

Q:  Is there any other way to get parenting time with my daughter other than filling for divorce or legal separation?  My wife left moved to her mother's and I haven't seen my 2yr daughter in 2 weeks. My wife said she wants a divorce but nothing has been filed to my knowledge, I want to fix our marriage but in the mean time I want to be able to see my daughter and my wife has been ignoring me and not letting me see her what options do I have

A:  I tell all my new clients: "You need to start acting right now like the kind of parent you want the Judge to think you are".  So, it is dangerous to set a precedent of allowing Mother to prevent access.  PERHAPS a demand letter from an attorney which EMPHASIZES that, while you hope for reconciliation, you also cannot accept being prevented from regular access to your daughter, would be effective.

But, ultimately, if she will not respond in a reasonable manner, you must file, even if for just Legal Separation.  Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.

Don't wait too long in order to avoid setting a precedent.  I do wish you the best in your efforts at reconciliation.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

If you have questions like this, visit our website at www.familylawaz.com or call 602-256-7575 for a free consultation.

IQOTD

Q:  An 18 year old moved in with his girlfriend to her parents house. He is now 19 and decided he want to go to college and is asking parents to pay for it.  Parent A is still paying child support to Parent B as there is still a minor. Parent A is in the process of stopping child support as minor moved in with Parent A and will turn 18 in a few months.  Can Parent B fight in Arizona for more child support if the 19 year old decided to go to college and might move in with Parent B?

A: Under Arizona law, Child Support terminates the first day of the first month AFTER the child turns 18 OR graduates from high school, whichever is later. The court may order support to continue past the age of majority if the child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting AND the child's disability began before the child reached the age of majority.  However, the Court cannot Order support simply because a child is attending college.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

If you have questions like this, visit our website at www.familylawaz.com or call 602-256-7575 for a free consultation.

INTERESTING QUESTION OF THE DAY

IQOTD by Rich J. Peters.  July 7. 2016.

Q:  My husband filed for divorce and had me served. I did not respond since we agreed to have a default hearing decision. But now I'm worried he won't file for the default hearing. If he fails to, can I request a default? Or do I have to file for divorce separately?

A: You cannot COMPEL him to take the next step (Application for Default), but you may be able to convince him to.  If you were to file anything, then you would no longer be in default, and you both would have to proceed in a different procedural manner (via “Consent Decree”) in order to finalize your matter.  BUT CONSENT may be the best way to go for you, so that you can protect your rights/interests.  If he proceeds by default, you will not necessarily have a say as to what he includes in the Default Decree.

It would be a good idea to have an experienced Family Law attorney review his Petition BEFORE you allow your Husband to proceed by default.  Unless the Petition is incredibly detailed, he can add provisions into a Default Decree that you would have never expected or accepted.  Allowing him to proceed by default can be very risky unless you know ahead of time exactly what the Default Decree is going to look like.  

There is much more to consider.  A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

If you have questions like this, visit our website at www.familylawaz.com or call 602-256-7575 for a free consultation.

Phoenix Divorce Lawyer- R.J. Peters & Assoc., P.C.

www.FamilyLawAz.com

There are two ways to finalize a divorce — by reaching an agreement with your spouse or by allowing a Judge to make the final decision. At the R. J. Peters & Associates law firm in Phoenix, Arizona, we certainly prefer to avoid the time, costs and uncertainty of letting a Judge decide everything. We are always prepared, however, to fight for you, whether it's in a courtroom or in settlement negotiations.

Our divorce attorneys can help.  
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Divorce (dissolution) is the legal process that resolves the very important issues involved when a marriage ends. Every divorce is different, but all divorces will generally include some or all of the following six issues:

• Legal custody and parenting time (visitation) with the couple's minor children
• Child support for the couple's minor children
• Division of marital property
• Division of marital debts
• Spousal maintenance (alimony)
• Allocation of attorney's fees

What are the legal requirements for filing for divorce in Arizona? To file for a divorce in Arizona you or your spouse must have lived in Arizona or been stationed as a member of the armed forces here for at least 90 days before you file. If you are asking the Judge to decide matters about children, like custody and support, you must generally have lived here for 6 months with the children. Please contact us to discuss with our divorce attorneys how these rules might apply to your situation.

What happens when the divorce documents are filed? After the initial necessary documents are filed, a temporary restraining order will forbid either party from selling, concealing or wasting the marital assets. It also prevents either parent from removing any common children from the state of Arizona.

Both parties are prohibited from bothering or harassing the other party. Failure to obey this restraining order is punishable by proceedings for contempt.

How long does it take for a divorce to be granted? The simplest divorces are generally final in 80-90 days while complex divorces can take up to two years. An experienced divorce lawyer can give you an estimate based on your specific case.

What is a no-fault divorce? Arizona is a no-fault divorce state. That means you do not need to prove that the other spouse did something that entitles you to a divorce. You simply need to assert that your marriage is irretrievably broken and that there are no reasonable prospects of reconciliation. (The rules for the new "covenant marriages" are different.)

What about counseling to save the marriage? Maricopa County offers free counseling to married couples. When one spouse asks for free counseling, the other spouse is prevented from filing until counseling is complete. If counseling is requested after a Petition has already been filed, the case will be put on hold for a period while counseling goes forward.

We take sides at the R. J. Peters & Associates law firm. This is an important concept that we do not take lightly. Settlement of the difficult issues which arise in family law matters is always an important effort, but not always possible. Our divorce attorneys focus on fighting for our clients whether in settlement efforts or in litigation. Our only business is family law. From our office located near downtown Phoenix, we represent clients in Maricopa County and throughout Arizona.
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