Practical perspectives for contemporary legal challenges.
Arizona does not use the word “custody” in making decisions about a minor child. Instead, Arizona uses the terms legal decision-making and parenting time to better define what a court must do in deciding issues related to a minor child. Legal decision-making refers to the right and responsibility of a parent to make nonemergency decisions …
Continue reading “What Types of Custody are Awarded in Arizona?”
Neither party is required to leave the marital residence during the divorce unless a court orders one party to leave. If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, you may seek a temporary order for exclusive possession of the home until the case …
Continue reading “Who Decides Who Gets to Live in the House While We Go Through the Divorce?”
Two questions that often get asked in custody cases are what weight does the child’s preference have in a custody case, and how can I demonstrate to the judge that I have been the primary care provider. The preference of your child is only one of the many factors a judge may consider in determining …
Continue reading “Considering the Child’s Preference and Primary Care Provider in a Custody Case”
You have just come from your lawyer’s office and now wonder whether you really understood everything that was being said. There are special terms used throughout a divorce proceeding that you will hear, and often times as practitioners we forget that the terms, while familiar to us, are not familiar to you. The following is …
Continue reading “Divorce Speech. Understanding the Terminology?”
While having two parents who live not only in the same state, but within a reasonable driving distance from each other is ideal, this may not always be possible. Sometimes a move out of state is necessary due to employment, family, health, or remarriage. Other times, the ability to provide for a better standard of …
Continue reading “6 Factors to Consider When Deciding Relocation in Child Custody Cases”
A substantially equal parenting time is in effect, and bags are packed. The only problem is that your child is refusing to get into the car to start their parenting time with the other parent. Now what? If your child is resisting going with the other parent, it can first be helpful to determine the …
Continue reading “Parenting Time: What Happens If A Child Refuses to Go to the Other Parent’s Home?”
Selling your home is a big decision. To help you decide what is right for you, ask yourself these questions: What will be the impact (positive or negative) on my children if the home is sold? Can I afford to stay in the house after the divorce? After the divorce, will I be willing to …
If you live in Arizona, the answer is when they turn 18. While some states allow children of a certain age to decide who they wish to live with, Arizona does not allow for a child to make the decision, regardless of the child’s age. Accordingly, until the child turns 18, absent agreement of the …
Continue reading “When Can My Child Decide Who They Will Live With?”
You may have heard that the best interest of the minor child is used to determine parenting time for a minor child, but what does it mean to say that a court will make the decision based on the “best interest” of the child? In Arizona, the judge considers multiple factors in determining the best …
You may have heard the word “Custody” or “Legal Custody” used in connection with a parent’s right to make decisions concerning education (such as school choice), medical decisions (such as whether a child will receive certain immunization) and religion (such as religious preferences). However, Arizona does not use the word “custody” in making decisions about …