Phoenix Family Lawyers Providing Guidance for Your Loved Ones

A: Divorce is one of the most innately contentious family law cases. It requires that everything that the couple has worked to acquire and build be divided, and both parties must start over after the divorce is finalized. It’s an emotional process, and it’s common for people going through it to use the court system to try to punish their spouse. However, this can create more stress and make the divorce drag out longer than necessary. Mediation is an alternative dispute resolution option that can help both parties take a more collaborative approach. It also often results in more favorable terms and is faster than going through a divorce trial.

A: The rules for adoption are different in every state. Arizona does not require adoptive parents to have an attorney to finalize the adoption, but it is highly recommended. Working with an attorney over the course of your adoption can also help you have a better understanding of the overall process and what to expect, and it ensures you have someone familiar with your case and situation if you have any questions. An adoption attorney can help you prepare for home visits and other requirements and is with you on the day the biological parents’ rights are terminated and the adoption is finalized.

A: When someone says they have custody of their children, they could be referring to either legal or physical custody, but there are clear distinctions between the two. Physical custody is known as parenting time in Arizona. This is how much time each parent spends with their children. Legal custody is known as legal decision-making in Arizona and deals with legal decision-making power. If both parents have a say in the legal decisions, it’s joint custody. If only one parent has the legal ability to make decisions involving the children, it’s sole custody. While joint legal decision-making and parenting time situations are increasingly common, there are situations where the courts may be more likely to award sole custody, such as when there is evidence of domestic violence or uncontrolled substance use.

A: In Arizona, child support is determined through a calculation that takes into consideration the parents’ incomes and a variety of other factors. The parents’ incomes are combined, and there is a table that matches that combined income with how much it costs to raise a child. There are different numbers depending on how many children are involved. The calculator also factors in things like who is paying for childcare and how much, as well as who is paying the health insurance premiums. It’s essential that all of the financial information you provide to the child support office is accurate and up to date to ensure your child support amount is correct.

A: In the state of Arizona, unmarried fathers do not have any parental rights until legal parentage is established in court. This is an essential step for fathers to take, even if they are still on good terms with the mother or they are not having any issues currently. Relationships can sour very quickly, and if you don’t have legal parentage already established, you can face a lengthy and uphill battle getting court-ordered access to your children. If you are an unmarried father who has not established paternity or parental rights, call our office to speak to an attorney about how to get started.

A: Paternity is assumed if the parents were married at least 10 months prior to the child’s birth. However, if the parents were not married at that time, paternity must be established. This requires both parents to fill out a Voluntary Acknowledgement of Paternity, or either party may request a DNA test to prove who the father is. If necessary, a judge can create a court order for the paternity test if either party doesn’t want to cooperate. Establishing paternity is required if the mother is seeking child support or if the father wants to establish parental rights, including custody and parenting time.

A: While military divorce cases include the main components of family law, such as property division, child custody, and child support, there are some differences in how those issues are determined. For example, the property division would need to include a review of the service member’s military retirement benefits to determine what the civilian spouse may be entitled to. The possibility of deployments or relocations can also affect the terms of a custody order or parenting schedule. A family law attorney who has experience with military divorce cases can ensure you’re prepared for these scenarios.

A: The ideal time to meet with an attorney is as soon as you are even considering the option of divorce. The actions you take in the weeks or months before filing a divorce petition can have a significant effect on the outcome of your case. Talking with an attorney early on in the process ensures you can get legal counsel and advice on how to conduct yourself. At the initial meeting, an attorney can also explain all of your options, from filing for divorce to asking for a legal separation, to ensure you have a thorough understanding of how you want to move forward.