Tag: child custody

De Novo Law Blog

Arizona Divorce by Default

Default Divorce- How a Legal Paraprofessional Can Help

When going through a divorce in Arizona, the process can become more complicated if one party fails to respond or participate in the proceedings. This can lead to what is known as a Divorce by Default.

If your spouse fails to file a response to your divorce application and affidavit of default, you may be able to move forward with the divorce without their participation.

In the state of Arizona, default divorce decrees can be obtained through a legal process that involves requesting a default hearing. However, handling the legal complexities of default divorces can be overwhelming and confusing. This is where a family law legal paraprofessional, such as De Novo Law, can help.

A family law legal paraprofessional can provide valuable assistance throughout the default divorce proceedings, from helping you understand the process to ensuring that all required documents are properly filed. Additionally, they can also facilitate divorce mediation if both parties are open to resolving their issues outside of court.

So, if you find yourself in a situation where your spouse fails to engage in the divorce process, know that there is professional help available to guide you through the Divorce by Default process.

We will cover the following topics:

What is a Divorce by Default
How Does the Divorce Process Work
Consequences of a Default Divorce in Arizona
Setting Aside a Default Judgment in Divorce
How Mediation Works in a Default Divorce
Frequently Asked Questions About Divorce by Default in Arizona
How an Arizona Family Law Paraprofessional Can Help

What is a Divorce by Default

A divorce by default in Arizona occurs when one spouse (the respondent) fails to respond to the divorce petition filed by the other spouse (the petitioner) within a specified timeline.

If the respondent resides in Arizona, they must respond within 20 days; if outside Arizona, the timeframe extends to 30 days.

Failure to respond within these periods allows the petitioner to seek a default judgment from the court.

How Does the Divorce Process Work

The process for a default divorce in Arizona follows a specific legal pathway, beginning with the filing of the divorce petition and potentially concluding with a default judgment if one party does not respond.

Here’s an overview of the steps involved:

Filing the Divorce Petition: The process begins when one spouse (the petitioner) files a petition for the dissolution of marriage with the appropriate Arizona court. This petition outlines the petitioner’s terms for the divorce, including aspects like property division, child custody, and spousal support.
Serving the Divorce Petition: The petitioner is required to serve the divorce petition to the other spouse (the respondent). This service must be carried out according to Arizona’s legal requirements, often through a process server or by certified mail.
Waiting for the Response: After being served, the respondent has a specific timeframe to respond. If residing in Arizona, the respondent has 20 days to file a response; if outside Arizona, the timeframe is 30 days. This response should address the claims and terms laid out in the petition.
Filing for Default: If the respondent fails to respond within the given timeframe, the petitioner can then file an application for default with the court. This application signifies that the respondent has not participated and the petitioner seeks a default judgment.
Additional Waiting Period: Upon filing for default, the court typically allows an additional 10 days for the respondent to respond. This is a final opportunity for the respondent to become involved in the divorce proceedings.
Default Divorce Hearing: If the respondent still does not respond, the court may schedule a default hearing. At this hearing, the petitioner may be required to provide evidence or testimony to support their requests in the divorce petition.
Issuing the Default Decree: Based on the information presented, the judge can issue a default decree of divorce, which legally dissolves the marriage and typically grants the requests made by the petitioner in the absence of any contest from the respondent.

Throughout this process, it’s important for both parties to be aware of the timelines and requirements set by the Arizona Revised Statutes to ensure their rights and interests are adequately represented and protected.

Consequences of a Default Divorce in Arizona

In Arizona, when one spouse fails to respond to a divorce petition, it leads to a default divorce, which has considerable consequences.

The petitioner often obtains their requested divorce terms, including property division, spousal support, and child custody.

In this community property state, property division in a default divorce may favor the petitioner. Child custody and support decisions are made in the children’s best interests but often go uncontested in default cases. Spousal support is typically awarded as per the petitioner’s request if uncontested.

A default judgment is binding and final, leaving the non-responding spouse with limited options to contest.

This can lead to unfavorable financial and custody outcomes for them. While courts aim for fairness, they may adjust excessively unfair demands.

It’s beneficial to respond timely to divorce proceedings and consider seeking legal advice for a clearer understanding of the process.

Setting Aside a Default Judgment in Divorce

In certain circumstances, it is possible to set aside a default judgment in a divorce case in Arizona.

This action involves asking the court to nullify the default decree and reopen the case, allowing the previously non-responsive spouse to participate in the divorce proceedings.

Here are key aspects to understand about this process:

Grounds for Setting Aside a Default Judgment: The most common grounds include showing that the default was a result of mistake, inadvertence, surprise, or excusable neglect. For example, if the respondent did not receive the divorce papers due to an error in service or had a significant reason that prevented them from responding, these could be valid grounds.
Timeliness: The request to set aside a default judgment must be made promptly after the default judgment is entered. Arizona law generally requires that this motion be filed within a reasonable time, in no case exceeding six months after the decree is entered, except under extraordinary circumstances.
Filing a Motion: The process begins by filing a motion to set aside the judgment with the same court that issued the default judgment. This motion should clearly state the reasons why the default judgment should be set aside, supported by relevant legal arguments and, if possible, evidence.
Hearing on the Motion: After the motion is filed, the court typically schedules a hearing to allow both parties to present their arguments. The petitioner (the spouse who obtained the default judgment) will have the opportunity to contest the motion.
Court’s Decision: The decision to set aside a default judgment rests with the court and is based on the specifics of the case. The judge will consider the reasons for the non-response, the promptness of the motion, and any potential prejudice to the petitioner.
Legal Representation: Given the complexity and the strict timelines involved, seeking legal advice from a qualified divorce attorney or a family law paraprofessional is highly recommended. They can help in preparing and presenting a compelling case to the court.

How Mediation Works in a Default Divorce

In the context of a default divorce in Arizona, the role of mediation can be limited, but it still holds potential value.

Mediation typically involves both spouses working with a neutral third-party mediator to negotiate and resolve issues amicably.

However, in a default divorce, since one party is non-responsive, traditional mediation as a tool for mutual agreement is not feasible in its standard form.

Despite this, if the non-responding spouse becomes active in the process after a default has been filed but before it’s finalized, mediation can be introduced to resolve any pending issues.

This scenario allows for a more collaborative approach to finalizing the divorce terms, potentially leading to a more mutually satisfactory resolution than a court-ordered judgment.

It’s important to note that while mediation can offer a platform for negotiation and compromise, its effectiveness in a default divorce scenario largely depends on the participation and willingness of both parties.

In cases where the non-responding spouse remains uninvolved, the divorce process continues toward a default judgment without the benefits of mediation.

Frequently Asked Questions About Divorce by Default in Arizona

FAQ: What happens if I move out of state after my spouse files for divorce but before a default judgment is issued?
- Answer: Moving out of state does not automatically prevent a default judgment. If you were served with divorce papers and did not respond within the legal timeframe, the court in Arizona can still issue a default judgment. It’s crucial to file a response or consult with a legal professional regardless of your relocation.
FAQ: Can a default divorce be contested after the judgment if I was unaware of the original divorce filing?
- Answer: Yes, under certain circumstances. If you were not properly served or genuinely unaware of the divorce proceedings, you might have grounds to contest the default judgment. This typically involves proving that you were not properly served and filing a motion to set aside the judgment.
FAQ: How does a default judgment affect my credit score?
- Answer: A default judgment itself does not directly affect your credit score. However, if the judgment involves financial obligations like spousal support or debt division and you fail to meet these obligations, it could negatively impact your credit.
FAQ: What is the impact of a default divorce on joint business assets?
- Answer: In a default divorce, the court may allocate business assets according to the petitioner’s request if it seems fair and within legal guidelines.
FAQ: How does a default divorce impact immigration status if my residency is based on my marriage?
- Answer: A default divorce can affect immigration status if your residency is conditional based on your marriage.
FAQ: Is it possible to negotiate the terms after a default divorce judgment in Arizona?
- Answer: Once a default judgment is entered, the terms are generally considered final. However, if both parties agree, they may be able to modify certain terms post-judgment, especially those related to child custody or support. Legal advice is recommended for such modifications.
FAQ: Can default divorce proceedings address retirement accounts and pensions?
- Answer: Yes, retirement accounts and pensions can be divided in a default divorce. However, without a response from the non-filing spouse, the court may allocate these assets based on the petitioner’s requests and legal guidelines, potentially without consideration of the non-filing spouse’s interests.
FAQ: How does a default judgment impact child visitation rights?
- Answer: In a default divorce, child visitation rights may be determined solely based on the filing spouse’s petition. If the non-responding spouse wishes to have visitation rights, it’s important to respond to the divorce petition to ensure these rights are considered.
FAQ: Is it possible to recover attorney’s fees in a default divorce case?
- Answer: Yes, in some cases. Arizona courts may order one party to pay the other’s attorney fees, especially if there is a significant disparity in financial resources. However, this is not automatic and depends on the specifics of the case.
FAQ: What if I was serving in the military and could not respond to the divorce petition in time?
- Answer: The Servicemembers Civil Relief Act (SCRA) provides protections for military personnel who cannot attend court proceedings, including divorce cases. If you were on active duty and unable to respond, you might be able to have the default judgment set aside under SCRA provisions.

How an Arizona Family Law Paraprofessional Can Help

An Arizona family law paraprofessional, such as those at De Novo Law, offers essential support in default divorce cases. They ensure clients understand legal procedures and deadlines, reducing the risk of a default judgment due to procedural errors.

Their role includes preparing and reviewing documents to comply with legal standards, and providing strategic advice on responding to divorce petitions or proceeding with default divorces.

For those seeking the assistance of a family law paraprofessional for default divorce cases in Arizona, you can reach them by phone at (480) 725-2200. They offer a free initial consultation with a legal paraprofessional to discuss your specific concerns.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice. De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held. The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

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Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

Tags arizona family law, child custody, default divorce, default divorce judgement, legal paraprofessional, spousal support, uncontested divorce

De Novo Law Blog

Understanding Arizona Paternity Laws: Effective Ways to Establish Paternity in Arizona

Paternity- How a Paraprofessional Can Help

When it comes to the paternity of a child, the state of Arizona has specific laws and procedures in place to determine and establish legal paternity. In the state of Arizona, paternity may be established through various methods, and it is important for both parents to understand their rights and obligations in the process.

In Arizona, a father may establish paternity by voluntarily acknowledging the paternity of a child. This can be done by signing a voluntary acknowledgment of paternity form, which can be filed with the court or the Arizona Department of Health Services. Additionally, paternity may also be established through a DNA test, court order, or the parents’ marriage after the child’s birth.

To pursue legal rights and responsibilities as a father, individuals must first establish paternity in Arizona. This process can be complex and requires a clear understanding of Arizona’s paternity laws. In this article, we will explore the effective ways to establish paternity in Arizona and the rights and benefits that come with it.

We will cover the following topics:

The Role of Genetic Testing in Establishing Paternity
Legal Procedures to Establish Paternity in Arizona
The Role of Birth Certificates in Arizona Paternity Cases
Child Support and Parental Rights in Paternity Cases
Frequently Asked Questions About Paternity Establishment in Arizona
Legal Assistance for Paternity Cases in Arizona

The Basics of Paternity Establishment in Arizona

Paternity establishment in Arizona is a legal process that determines the legal father of a child. This process is important for various reasons, including child support, inheritance, and access to family medical history.

Understanding Arizona Paternity Laws

Arizona paternity laws are governed by the Arizona Revised Statutes, particularly Title 25, which deals with family law. Under these statutes, paternity can be established in several ways:

Voluntary Acknowledgement: Both parents can sign a Voluntary Acknowledgement of Paternity form, usually at the hospital at the time of the child’s birth. This form is legally binding and is equivalent to a court order of paternity (ARS § 25-812).
Presumption of Paternity: In Arizona, a man is presumed to be the father of a child if he was married to the mother within ten months of the child’s birth or if the child is born within ten months of the marriage’s termination (ARS § 25-814).
Court Order: If paternity is disputed, either parent can file a petition with the court to establish paternity. The court may order genetic testing and will issue a judgment of paternity based on the evidence (ARS § 25-803, § 25-804).

The Role of Genetic Testing in Establishing Paternity

Genetic testing is a cornerstone in the legal establishment of paternity, especially when paternity is under dispute in Arizona. This type of testing, which can be requested by either the involved party or mandated by the court, offers a highly accurate method for determining paternity, often with more than 99% certainty.

The procedure for genetic testing is straightforward and non-invasive. It typically involves collecting DNA samples from the child, mother, and the alleged father using a simple cheek swab.

These samples are then analyzed to compare genetic markers that indicate paternity. Various types of genetic tests, such as STR (Short Tandem Repeat) analysis, which looks at specific areas in DNA, and SNP (Single Nucleotide Polymorphism) testing, which examines variations in the DNA sequence, are used to establish a biological relationship with a high degree of accuracy.

When a genetic test confirms paternity, it carries significant legal implications. The court, acknowledging the test results, is likely to issue an order of paternity. This legal declaration is pivotal, as it forms the basis for determining child support, custody, and visitation rights, establishing a clear legal connection between the father and the child.

Legal Procedures to Establish Paternity in Arizona

In Arizona, when paternity is in question or disputed, legal procedures are in place to ensure a definitive and legally recognized determination of fatherhood. These procedures are vital for both the child and the parents, impacting child support, custody rights, and the child’s right to inherit.

Filing a Petition for Paternity in Arizona Courts

Filing a petition for paternity is a key step when parents cannot agree on paternity or when paternity is in doubt. This process is outlined in the Arizona Revised Statutes and involves several steps:

Petition: Either parent can file a petition in the family court of the county where the child, the mother, or the alleged father resides. The petition should detail the relevant facts and request the court to determine paternity (ARS § 25-803).
Service of Process: The alleged father must be served with the petition and notified of the court hearing. This ensures that he has an opportunity to respond to the allegations.
Hearing and Evidence: During the court hearing, both parties can present evidence. This may include testimony, documentation, and results from genetic testing.
Court-Ordered Genetic Testing: If the alleged father denies paternity, the court may order genetic testing. The results of these tests are typically conclusive and greatly influence the court’s decision.
Legal Representation: Both parties may have attorneys to represent them during the process. A family law legal paraprofessional can provide guidance and support.

The Role of Birth Certificates in Arizona Paternity Cases

In Arizona, when a child is born to unmarried parents, the biological father’s name does not automatically appear on the birth certificate.

To establish paternity and have the father’s name included, both parents must sign a Voluntary Acknowledgment of Paternity form.

This process is typically facilitated in the hospital at the time of the child’s birth but can be completed later as well.

Legal Implications: Signing this form is a significant legal act. It establishes paternity without the need for a court order, granting the father legal rights and responsibilities, including child support obligations and parental rights (ARS § 25-812).
Presumption of Paternity: Once signed and filed with the Arizona Department of Health Services, this acknowledgment creates a presumption of paternity. This presumption can be rebutted only under specific circumstances, such as through genetic testing proving otherwise.

Correcting or Amending Birth Certificates in Paternity Matters

There are situations where a birth certificate may need to be corrected or amended in relation to paternity:

Paternity Established After Birth: If paternity is established after the child’s birth, either voluntarily or through a court order, the birth certificate can be amended to include the father’s name. This typically requires submitting the proper form and the documentation proving paternity (such as the acknowledgment form or court order) to the state’s vital records office.
Disestablishing Paternity: If paternity is disproved (e.g., through genetic testing), steps can be taken to remove the father’s name from the birth certificate. This usually requires a court order.

Child Support and Parental Rights in Paternity Cases

In Arizona, the legal recognition of paternity is closely linked to child support responsibilities.

State laws mandate that both parents contribute to their child’s financial upbringing, and this duty becomes enforceable with the establishment of paternity.

Child Support Calculations: The state adheres to specific guidelines for child support calculations, which consider factors like parental incomes, the child’s necessities, and the custodial arrangement. Once paternity is legally recognized, these guidelines are used to ascertain the father’s contribution (ARS § 25-320).
Enforcement Mechanisms for Child Support: Arizona has effective and well-established methods for enforcing child support to ensure that financial responsibilities are met. The state’s approach includes a variety of measures such as withholding income, placing liens on property, and taking legal action when necessary. These methods are designed to maintain consistent support payments for the welfare of the child.
Adjustments to Child Support: Recognizing that circumstances change, Arizona law allows for modifications to child support orders in cases of significant changes in parental income, employment, or the child’s needs.

Securing Parental Rights Following Paternity Establishment

Beyond financial implications, establishing paternity is critical for defining and protecting parental rights.

Custody and Access Rights: With paternity established, the father gains legitimate rights to pursue custody or visitation. Arizona courts prioritize the child’s best interests in these decisions, fostering a balanced relationship with both parents.
Involvement in Key Decisions: Legal paternity endows the father with the authority to participate in major decisions affecting the child’s life, encompassing aspects like education, healthcare, and cultural upbringing.
Guarding Parental Relationships: The establishment of paternity safeguards a father’s right to remain actively involved in his child’s life. It also serves as a legal barrier against potential adoptions or custody changes initiated without his consent.

The affirmation of paternity in Arizona carries profound implications for child support and the enforcement of parental rights. It guarantees financial responsibility for the child’s upbringing and ensures the father’s active involvement in his child’s life.

Frequently Asked Questions About Paternity Establishment in Arizona

Refusal of Paternity Test by a Mother in AZ: Under Arizona paternity laws, if a paternity action is filed in an Arizona court and a DNA genetic test is ordered by the judge, the mother must comply. Refusing a court-ordered paternity test can result in legal consequences. However, if there is no court order, a mother can refuse a paternity test. In such cases, the father of the child or another interested party may need to establish paternity through legal proceedings.
Father’s Absence and Loss of Rights in AZ: There’s no set period after which a father automatically loses parental rights in Arizona due to absence. However, if a father is absent for an extended time, this can influence paternity proceedings, especially in cases concerning the child’s welfare and best interests. An Arizona court may consider the absence as a factor in custody or parental rights cases.
Filing Costs for Paternity in Arizona: To file a petition to establish paternity in an Arizona court, costs can vary. Typically, court filing fees range between $200 and $300, though it’s important to check with the specific court for accurate fees. Establishing paternity can also involve additional expenses, such as attorney fees and costs for a DNA paternity test.
Mother’s Participation in Paternity Tests: In paternity establishment, including the mother’s DNA in the test can often provide a more complete genetic picture. While it’s possible to conduct a DNA test with just the alleged father and the child, involving the mother can enhance the accuracy of establishing the child’s biological father.
Signing Birth Certificate and Paternity in Arizona: In Arizona, an unmarried father signing the birth certificate at the child’s birth does not automatically establish legal paternity. For paternity to be legally recognized, the unmarried father must sign a Voluntary Acknowledgement of Paternity form, filed with the appropriate state agency.
Time Frame to Establish Paternity in Arizona: In Arizona, there is no strict deadline for a father to establish paternity. However, it’s advisable to address paternity issues promptly after the child’s birth, as this can impact rights to child support and other benefits. Paternity proceedings can be initiated anytime during the child’s minority.
Presumption of Paternity in Arizona: Presumption of paternity is a legal concept in Arizona where a man is presumed to be the father under certain conditions. This presumption applies if he was married to the mother during a specified period around the child’s birth or if both parents sign the birth certificate within a certain timeframe. This presumption can be a critical factor in paternity proceedings and can be contested through legal means, such as a paternity lawsuit or genetic testing.

Legal Assistance for Paternity Cases in Arizona

At De Novo Law, the first Arizona firm to employ licensed Legal Paraprofessionals (LPs), they provide affordable legal services in family law matters, similar to those offered by family law attorneys. Their team, including the pioneering LP Mrs. Stephanie Villalobos, specializes in various aspects of family law.

This includes handling paternity cases, where they offer expert legal advice and representation. Their services cover guidance on voluntary acknowledgment of paternity, assistance in filing paternity petitions, and navigating legal presumptions of paternity under Arizona law.

To contact De Novo Law for assistance with family law matters including paternity cases, you can reach them by phone at (480) 725-2200. They offer a free initial consultation with a legal paraprofessional to discuss your specific concerns. For more details and to schedule a consultation, please visit De Novo Law Contact Page.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, child support, court ordered child support, dna, dna test, legal paraprofessional, paternity, paternity test

De Novo Law Blog

International Travel and Child Custody over the Holidays

International Travel- How a Paraprofessional Can Help

As the holiday season approaches, many families begin to plan for travel, but for divorced parents sharing custody, this time can bring additional considerations. At De Novo Law, we understand the complexities that arise when coordinating international travel with shared custody agreements.

This article aims to shed light on the important implications and legal requirements that parents need to be aware of when planning international travel with their children during the holidays. From ensuring compliance with custody agreements to understanding the necessity of mutual consent and the legalities under Arizona law. Our goal is to help families enjoy their holiday travels while maintaining legal compliance and upholding the best interests of their children

We will cover the following topics:

Understanding Arizona’s Legal Framework for International Travel with Children

Understanding Arizona’s legal framework for international travel with children requires consideration of various custody arrangements, including sole custody, joint custody, and situations where parents have specific visitation rights. Here’s how the law applies in these different scenarios:

Joint Custody: In joint custody situations, Arizona law, specifically ARS 25-408, necessitates at least forty-five days’ advance written notice before one parent can relocate the child outside the state or more than one hundred miles within the state. This requirement ensures that both parents have adequate time to discuss and potentially contest the relocation, with the child’s best interests as the central focus.
Sole Custody: For a parent with sole custody, the legal process may be less complicated, but the non-custodial parent still has rights that must be respected. Even in sole custody scenarios, the custodial parent is often required to provide notice to the non-custodial parent, especially if the non-custodial parent has visitation rights and the travel might interfere with these rights. The court will consider the child’s best interests and may require additional legal steps if the non-custodial parent objects to the travel plans.
Non-Custodial Parent’s Rights: Non-custodial parents have the right to be informed of and consent to international travel, especially if it affects their visitation schedule. The custodial parent must provide details about the travel and obtain consent from the non-custodial parent, particularly for extended trips or those involving significant distances.
Case Law Precedent: The case of Lehn v. Al-Thanayyan provides a pertinent example where the court had to balance the rights of both parents in an international context. The decision to require a substantial cash bond as a deterrent to potential child abduction in a non-Hague Convention country illustrates how Arizona courts approach these sensitive issues, prioritizing the child’s welfare and safety.
Compliance with Court Orders and Agreements: Whether in joint or sole custody situations, any existing custody agreements or court orders must be respected. These may contain specific clauses about international travel. The court generally upholds these agreements unless there’s a compelling reason to alter them, always with the child’s best interests in mind.
Best Interests of the Child: In all scenarios, the court’s primary consideration is the child’s best interests. Factors include the reasons for travel, the impact on the child’s stability and development, and the ability to maintain a meaningful relationship with both parents.

International Treaties and Their Impact on International Travel

International treaties, particularly those concerning child protection, have a profound impact on international travel involving children in shared custody scenarios.

The most significant of these is the Hague Convention on the Civil Aspects of International Child Abduction. This treaty provides a legal mechanism to ensure the prompt return of children wrongfully removed to or retained in another country.

It seeks to protect children from international abduction by a parent or guardian and ensures that custody rights established in one member country are recognized and respected in others.

For parents in shared custody arrangements, this means that international travel with their children requires careful legal consideration.

They must ensure that their travel plans do not violate custody agreements or the legal rights of the other parent as established in their home country.

Failure to adhere to these stipulations can lead to serious legal consequences, including international legal disputes under the Hague Convention.

The Convention also mandates that both parents typically need to consent to a child’s international travel.

This safeguard is designed to prevent one parent from unilaterally removing the child to another country, which could be deemed as international child abduction under the treaty.

Legal Considerations for Emergency Situations Abroad

In shared custody situations, being prepared for emergencies during international travel is essential. Key considerations include:

Documentation Preparation: Ensure all legal documents like passports and consent forms are in order, and understand the destination country’s legal framework for emergencies.
Health Emergencies: Know your medical decision-making rights for your child and familiarize yourself with the local healthcare system and laws.
Dealing with Travel Restrictions: Stay informed about potential travel restrictions or political instability that could affect your return plans. Maintain contact with your home country’s embassy or consulate.
International Child Abduction: Be aware of the legal procedures under the Hague Convention for addressing wrongful child retention abroad.
Communication with the Non-Traveling Parent: Keep the non-traveling parent informed during emergencies, facilitating collaborative decision-making for the child’s welfare.

Effective preparation and understanding of these legal aspects can help navigate unexpected situations while prioritizing the child’s safety and well-being.

Can My Ex-Spouse Deny International Travel

Yes, your ex-spouse can deny international travel with your child, especially in shared custody situations, and there are several reasons why this might happen:

Custody Agreement Stipulations: If your custody agreement or court order includes specific clauses regarding international travel, your ex-spouse has the right to enforce these clauses. For instance, the agreement might require mutual consent for international travel, and if your ex-spouse does not consent, you would be unable to legally take the child abroad.
Safety Concerns: Your ex-spouse might have legitimate concerns about the child’s safety, especially if the travel destination is considered unsafe or if there are health concerns like a pandemic.
Interference with Parenting Time: If the proposed travel interferes with the other parent’s scheduled parenting time or major life events, they may object to the travel.
Risk of Abduction: In cases where there’s a fear of international child abduction, particularly if one parent has strong ties to another country, the other parent may legally deny permission for travel.
Lack of Communication or Agreement: If the traveling parent fails to provide adequate information or disregards the importance of mutual agreement and communication, the non-traveling parent might deny consent.

If your ex-spouse denies consent for international travel and you believe the decision is unreasonable or not in the best interest of the child, you have legal options.

You may seek mediation to reach an agreement or, as a last resort, go to court to have a judge decide. The court will consider the child’s best interests, the reasons for the travel, and the reasons for the denial before making a decision.

Best Practices for Planning International Travel with Children in Shared Custody

Effective communication and proper documentation are essential components when a parent plans international travel with a child, especially in shared custody situations.

Firstly, communication should be open, clear, and initiated well in advance of the planned travel.

This allows both parents ample time to discuss, negotiate, and address any concerns related to the trip. The traveling parent should provide the non-traveling parent with a detailed itinerary, including flight schedules, accommodation details, and contact information for the duration of the trip. This transparency builds trust and ensures that the non-traveling parent is informed and comfortable with the travel arrangements.

Regarding documentation, several key pieces are necessary.

The most important is a notarized letter of consent from the non-traveling parent.

This document should explicitly state their permission for the specific travel plans, including the destinations and duration of the trip. It’s a crucial piece of documentation that may be required by airlines, immigration authorities, or in case of any legal disputes.

Additionally, the traveling parent should ensure that all travel documents, such as passports and visas for the child, are current and in order. If the custody agreement or court orders have specific clauses regarding international travel, it’s advisable to carry copies of these documents as well.

Parental Rights and Responsibilities During International Travel

In the context of international travel with children during shared custody, it’s essential for parents to comprehend and adhere to their rights and responsibilities as stipulated by Arizona law.

Parental Rights and Responsibilities:

Consent and Communication: The non-traveling parent generally has a right to be informed and consent to the travel plans. The traveling parent must obtain this consent, ideally in writing, to avoid legal issues such as allegations of child abduction.
Custody Agreement Compliance: Travel arrangements should align with the existing custody agreement or court order, respecting the other parent’s rights.
Emergency Preparedness: Open communication lines, including sharing travel details and contact information, are vital. Parents should also have a plan for emergencies.

Key Considerations:

Documentation: Carrying a notarized letter of consent from the non-traveling parent and ensuring all travel documents are in order is crucial.
Legal Implications: Traveling without the required consent can lead to serious legal repercussions, including accusations under international treaties like the Hague Convention.
Legal Advice: Consulting a family law attorney before traveling can provide valuable guidance and help ensure all legal requirements are met.

Understanding and respecting these aspects ensures that international travel with children in shared custody situations is conducted legally and smoothly, focusing on the children’s best interests.

How a Legal ParaProfessional Can Help?

Legal Paraprofessionals (LPs) at De Novo Law, such as Stephanie Villalobos with her extensive 30-year experience in the legal field, provide vital services in family law matters.

They are authorized to offer legal advice, represent clients in court for divorce, legal separation, child custody, and support issues, and negotiate settlements. Their role bridges the gap between a paralegal and an attorney, focusing on affordability and accessibility.

De Novo Law encourages individuals facing family law challenges to utilize their services, offering free one-on-one consultations.

For assistance, you can contact De Novo Law at (480) 725-2200 to arrange a consultation with a qualified legal paraprofessional.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

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Tags child, child custody, custody agreements, divorce, international travel, legal paraprofessional, parenting time, travel

De Novo Law Blog

How Do I Gain Visitation Rights in Arizona

Visitation Rights – How a Paraprofessional Can Help

Visitation rights, crucial for non-custodial parents and third parties like grandparents, are determined by Arizona’s family law, emphasizing the child’s emotional and physical well-being.

Our team, skilled in legal intricacies, can guide you through petitioning for these rights, ensuring that every step from drafting to court representation is handled with expertise and a focus on achieving a visitation schedule that best serves your child’s needs.

We will cover the following topics:

What Are Visitation Rights in Arizona?

Visitation rights in Arizona refer to the legally granted time a non-custodial parent or third party spends with a child.

Governed by Arizona Revised Statutes §25-403, these rights are determined with the child’s best interests in mind.

The statute outlines that decisions around visitation consider various factors such as the child’s relationship with each parent, their adjustment to home and community, and the mental and physical health of all parties involved. These laws ensure that while upholding parental rights, the primary focus remains on the welfare and stability of the child.

Who Can Obtain Visitation Rights in Arizona?

In Arizona, several parties can petition for visitation rights, each governed by specific legal statutes:

Legal Parents: Any biological or adoptive parent not granted primary custody can seek visitation rights, as guided by Arizona Revised Statutes §25-403.
Grandparents: Under ARS §25-409, grandparents can obtain visitation rights, especially if one of the child’s parents is deceased, or the parents are divorced or separated.
Third Parties: In certain cases, third parties like step-parents or close family friends may be eligible for visitation, particularly in situations where they have played a significant role in the child’s life.
Unmarried Fathers: Fathers who were not married to the mother at the child’s birth must first establish paternity as per ARS §25-814, after which they can seek visitation rights.

Each of these parties must demonstrate that visitation serves the best interests of the child to be granted these rights.

How Does Arizona Law Define ‘Best Interests of the Child’?

In Arizona, the “best interests of the child” is a legal standard used to guide decisions in visitation and custody cases, as detailed in Arizona Revised Statutes §25-403. This statute considers a range of factors:

The Child’s Wishes: The court may consider the child’s preferences, depending on their age and maturity.
Each Parent’s Relationship with the Child: How strong and nurturing each parent’s relationship is with the child.
Adjustment to Home and Community: The child’s adaptation to their current living situation, school, and social environment.
Mental and Physical Health: The physical and emotional health of both the child and the parents.
Ability to Provide a Stable Environment: Each parent’s capacity to provide a stable, loving, and safe environment.

For example, in a situation where one parent has been the primary caregiver, the court might favor a visitation schedule that disrupts the child’s routine minimally.

Conversely, if a parent has had minimal involvement or there are concerns about their ability to provide a safe environment, the court may order supervised visitation or less frequent visitation.

This comprehensive approach ensures that all aspects of the child’s well-being are considered when determining visitation arrangements.

What Is the Process to Petition for Visitation Rights?

Obtaining visitation rights in Arizona involves a legal process that starts with the filing of a petition. Here’s an overview of the steps:

File a Petition: The interested party must file a petition for visitation with the Arizona family court. This petition must include a detailed visitation plan and reasons why the plan serves the child’s best interests.
Serve the Petition: The other parent must be served with the petition, providing them with the opportunity to agree to the terms or contest them.
Attend a Hearing: If the visitation rights are contested, a court hearing will be scheduled where both parties can present their arguments.

The court then reviews the petition, along with any evidence and testimony provided, to determine if visitation rights should be granted, always with the child’s best interests as the deciding factor.

How Are Visitation Schedules Determined in Arizona?

In Arizona, visitation schedules are tailored to suit the child’s best interests, considering various factors like parental circumstances and the child’s needs. Common examples of visitation schedules include:

Alternating Weekends: This schedule allows the non-custodial parent to have the child every other weekend, often from Friday evening to Sunday evening.
Split Weeks: In this arrangement, the child spends part of the week with one parent and the rest with the other, such as three days with one parent and four days with the other.
Extended Visits During School Breaks: Non-custodial parents may have longer visitation periods during summer vacations or other school breaks.
Holiday Rotation: Holidays and special occasions are often alternated between parents each year to allow both parents to share special moments.

These schedules can be modified to accommodate specific family dynamics and children’s needs

Thus ensuring that the arrangement remains in the child’s best interests as they grow and circumstances evolve.

Understanding Grandparent Visitation Rights

Grandparent visitation rights in Arizona are recognized under certain conditions, as outlined in Arizona Revised Statutes §25-409. Key aspects include:

Eligibility Criteria: Grandparents can petition for visitation if the parents are divorced, one or both parents are deceased, or the child was born out of wedlock.
Best Interests of the Child: The court must be convinced that granting visitation rights to the grandparents serves the child’s best interests.
Existing Relationship: The court considers the existing relationship between the grandparent and grandchild, including the historical bond and the potential positive impact on the child’s life.

These provisions acknowledge the important role grandparents can play in a child’s life, especially in maintaining family continuity and providing emotional support.

Challenges for Unmarried Fathers at the Time of the Child’s Birth

Unmarried fathers in Arizona face distinct challenges when seeking visitation rights. Key issues include:

Establishing Paternity: Essential for legal recognition, paternity can be established either voluntarily at the hospital or later through court proceedings, as per ARS §25-814.
Legal Hurdles: Without established paternity, an unmarried father has no automatic rights to custody or visitation, necessitating legal action to gain these rights.
Building a Relationship: Courts consider the father’s existing relationship with the child. Fathers with limited prior involvement may face additional scrutiny in proving their commitment to the child’s welfare.

These challenges often require legal assistance to ensure that the father’s rights are acknowledged while prioritizing the child’s best interests.

What Happens When Parents Can’t Come to an Agreement?

In Arizona, when parents are unable to agree on visitation matters, the situation often escalates to legal intervention. This involves several key steps and potential roles for legal paraprofessionals:

Court Involvement

Judicial Decision-Making: If mediation fails or is deemed inappropriate, the family court will make a decision. Judges consider all relevant factors, including each parent’s living situation, the child’s needs, and the child’s relationship with both parents.
Evidentiary Hearings: Sometimes, the court may hold evidentiary hearings where both parties present evidence and witness testimonies to support their positions on visitation.

Mediation as an Alternative

Neutral Mediation: Mediation is often the first step before court intervention. It’s a less adversarial process where a neutral third party helps parents find a mutually acceptable solution.
Focus on Collaboration: The goal is to facilitate a dialogue that leads to a workable visitation schedule, focusing on the child’s best interests while respecting each parent’s wishes.

Role of Legal Paraprofessionals

Preparing Legal Documents: Legal paraprofessionals assist in drafting and filing necessary court documents, such as petitions for visitation, responses, and affidavits.
Guidance on Legal Procedures: They provide information about the legal process, helping parents understand their rights and responsibilities and what to expect in court.
Support in Mediation: While they cannot represent clients in court, legal paraprofessionals can offer valuable assistance during mediation, helping to clarify legal terms and processes.
Advisory Role: They advise parents on best practices for presenting their case, such as organizing evidence and preparing for testimony.

When parents cannot reach an agreement on visitation, the family court or mediation process in Arizona aims to resolve the dispute by focusing on the child’s best interests.

Legal paraprofessionals play a significant support role, ensuring parents are well-equipped to navigate the complexities of this legal journey.

When Can You Deny Visitation Rights?

Denying visitation rights in Arizona is a serious matter, generally reserved for situations where the child’s well-being is at risk. Key circumstances include:

Risk to the Child’s Safety: If there is evidence that visitation with a parent could endanger the child’s physical, emotional, or mental health, visitation rights may be denied or restricted.
Violation of Court Orders: If a parent consistently violates court-ordered visitation schedules or custody agreements, their visitation rights may be reevaluated and potentially limited.
Substance Abuse or Criminal Activity: Demonstrable issues like substance abuse, criminal behavior, or involvement in activities detrimental to the child can lead to the denial of visitation rights.
Abandonment or Lack of Relationship: In cases where a parent has abandoned the child or has no established relationship, the court may deem visitation inappropriate.

It’s important to note that denying visitation rights is typically a last resort. The court usually explores all options, including supervised visitation or therapy, before deciding to deny visitation complete

By working with a certified legal paraprofessional from De Novo Law, you can have peace of mind knowing that you have an experienced advocate on your side, helping you navigate the challenging divorce process with a minor child in Arizona.

Legal paraprofessionals (LPs) at De Novo Law offer valuable assistance in family law matters, including visitation rights. Here’s how they can help:

Providing Legal Advice: Unlike paralegals, LPs can provide legal advice. They can guide clients through the complexities of visitation rights, offering insights into Arizona law and court processes.
Document Preparation and Filing: LPs are equipped to draft and file necessary legal documents, such as petitions for visitation rights, ensuring that all paperwork is accurately and effectively prepared.
Representation in Court: LPs at De Novo Law, like Stephanie Villalobos, can represent clients in court matters, providing an affordable alternative to hiring an attorney. They can argue on behalf of their clients, ensuring that their rights and interests are well-represented.
Affordable Legal Services: By offering legal services at more affordable rates, LPs make legal representation more accessible to a broader range of individuals, ensuring that more parents can pursue their visitation rights without financial strain.
Expertise in Family Law: As experienced professionals in family law, LPs have a deep understanding of the nuances involved in visitation rights cases. Their expertise is crucial in navigating the legal system and achieving favorable outcomes for clients.

To discuss your concerns, contact De Novo Law for a free one-on-one consultation at (480) 725-2200

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, divorce, divorce proceedings, grandparents rights, legal paraprofessional, step-children, visitation rights

De Novo Law Blog

2023 Guide to Filing for a Divorce with Minor Children in Arizona

Divorce with a Minor Child in AZ – How a Paraprofessional Can Help

Divorce is never an easy process, especially when it involves children.

As parents, your top priority is the welfare and happiness of your children, and navigating the complexities of divorce with a minor child can be challenging and emotional.

At De Novo Law, our licensed legal paraprofessionals specialize in Arizona divorce and family law, and we are here to help you through this challenging time in Phoenix, Arizona.

We have the expertise, compassion, and dedication to guide you through the divorce decree process and ensure your children are well cared for.

In the state of Arizona, some specific laws and procedures govern divorce with minor children, such as to be eligible to file a petition for dissolution of marriage, you or your spouse must have lived in Arizona for at least 90 days.

These laws are designed to protect the child’s best interests and ensure that both parents have a fair chance at custody and parenting time.

We will cover the following topics:

Arizona Revised Statutes Governing Divorce with Children
Understanding Custody and Parenting Time
Parenting Time Decisions
Uncontested vs. Contested Divorce
Child Support in Arizona
The Role of a Legal Paraprofessional in Divorce with a Minor Child

According to recent statistics from the Arizona Department of Health Services, there were approximately 23,000 divorces in Arizona in 2019.

Of those divorces, approximately 12,000 involved children under 18 years old.

These numbers highlight the importance of having a knowledgeable and experienced legal paraprofessional on your side during a divorce with a minor child.

Arizona Revised Statutes Governing Divorce with Children Involved

The state of Arizona has a comprehensive set of laws known as the Arizona Revised Statutes (ARS), which along with the Arizona Supreme Court, govern filing for divorce cases involving children.

Some of the key statutes include:

ARS 25-312(1): This statute requires that either spouse is required to be an Arizona resident for a minimum of 90 days.
ARS 25-402: This statute defines the different types of custody in Arizona, including legal decision-making authority and parenting time.
ARS 25-403: This statute outlines the factors courts consider when determining the best interests of the child in custody cases.
ARS 25-403.01: This statute provides guidelines on joint custody and
the development of parenting plans.
ARS 25-403.08: This statute discusses how to modify custody orders in the event of changed circumstances.
ARS 25-501: This statute establishes the child support guidelines in Arizona, including the obligation of both parents to provide financial support and what they need to pay.

Understanding these statutes and their implications is essential for getting a divorce with a minor child in Arizona.

A legal paraprofessional from De Novo Law can help you understand your rights and responsibilities under these laws and ensure that your child’s best interests are protected.

Understanding Child Custody and Parenting Time

In Arizona, child custody encompasses legal decision-making authority and parenting time.

Legal decision-making authority refers to the right and responsibility to make important decisions about a child’s upbringing, such as education, healthcare, and religious upbringing.

Parenting time and custody, on the other hand, refers to the physical custody of the child and the time each parent spends with the child.

Types of Legal Decision-Making Authority

Arizona courts can award either sole or joint legal decision-making rights, depending on the circumstances of the case:

Sole Legal Decision-Making Authority: One parent is granted the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, while still having parenting time, does not have the same
decision-making authority.
Joint Legal Decision-Making Authority: Both parents share the right and responsibility to make important decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents.

Parenting Time Arrangements

Parenting time arrangements and visitation can vary greatly depending on the child’s needs and the family’s specific circumstances.

Some standard arrangements include:

Equal Parenting Time: Both parents share parenting time equally or as close to equal as possible. This arrangement typically works best when both parents live close to each other and can maintain a cooperative relationship.
Primary and Secondary Parenting Time: One parent is designated as the primary caregiver, with the child spending most of their time with that parent. The other parent, designated as the secondary caregiver, regularly schedules time with the child.
Supervised Parenting Time: In cases where a parent’s ability to care for the child is questioned, the court may order supervised parenting time. This requires the presence of a third party during the parent’s time with the child to ensure the child’s safety and well-being.

Factors Considered in Determining Custody and Parenting Time

When determining custody and parenting time, Arizona courts consider what is best for the children, taking into account factors such as:

The child’s relationship with each parent
The child’s adjustment to home, school, and community
The mental and physical health of all individuals involved
Each parent’s ability to provide a stable, loving, and nurturing
environment
The child’s wishes, if they are of an appropriate age and maturity level
The willingness of each parent to foster a positive relationship between the child and the other parent

Developing a Parenting Plan

In cases where joint legal decision-making authority is awarded, the parents must create a parenting plan that outlines the specifics regarding custody of children and parenting time arrangements.

The plan should address the following:

A schedule for parenting time, including holidays, vacations, and special occasions
A method for making important decisions about the child’s upbringing
A process for resolving disputes related to the child’s care
Provisions for reviewing and modifying the parenting plan as needed

A legal paraprofessional from De Novo Law can help you understand the various aspects of custody and parenting time, develop a comprehensive parenting plan, and advocate for your interests in court proceedings.

Uncontested Divorce with Minor Children vs. Contested Divorce in Arizona

Divorces in Arizona can be either uncontested or contested, depending on whether the parties can agree on key issues such as custody, parenting time, and child support.

In an Uncontested Divorce, each spouse must agree on all aspects of the divorce, including the division of assets, marital property and debts, spousal support, and parenting arrangements.

This type of divorce typically results in a faster, less expensive, and less adversarial process.

Fictional Scenarios of an Uncontested Divorce.

Example 1: Sarah is a 35-year-old mother of two children living in Tempe, just outside Phoenix. She works as a high school teacher and has an amicable relationship with her soon-to-be ex-husband, Tom.

Sarah and Tom want to keep the divorce process as smooth and stress-free as possible for their children.

They aim to agree on all aspects of their divorce, including custody and child support, without needing court intervention.

Example 2: Mike, a 42-year-old father of one, lives in Scottsdale.

He runs a small business and has decided to end his marriage of 12 years with his wife, Emily.

Mike and Emily want to avoid a prolonged and expensive legal battle.

Their goal is to negotiate the terms of their divorce, including child custody and support, cooperatively and avoid unnecessary conflict.

In a Contested Divorce, however, the spouses cannot agree on one or more issues regarding the children or other areas.

The court must intervene to make determinations on their behalf.

Contested divorces with children involved can be more complex, time-consuming, and costly.

They may involve court hearings, mediation, or even a trial to resolve disputes related to the children’s best interests.

Fictional Scenarios of a Contested Divorce with Minor Children.

Example 1: Jennifer, a 28-year-old mother of a young child, lives in Chandler.

She is a stay-at-home mom with a strained relationship with her husband, Daniel, who has a demanding career.

Jennifer and Daniel cannot agree on custody, parenting time arrangements, or the division of marital
assets.

She aims to assert her rights and achieve a fair outcome in the divorce process, ensuring her child’s best interests are protected.

Example 2: Steven, a 45-year-old father of three, lives in Glendale. He is a police officer and has been married for 20 years to his wife, Laura.

Steven and Laura have deep-rooted disagreements regarding child custody, support, and the division of their marital property.

Steven’s goal is to protect his rights and achieve a fair resolution in the divorce process that addresses the best interests of his children.

A legal paraprofessional from De Novo Law can help you understand the differences between uncontested and contested divorces, guide you through the necessary steps, and advocate for your interests in negotiations or court proceedings to help finalize a dissolution of marriage.

Arizona Child Support Laws

In Arizona, both parents are required to provide financial support for their children.

The state has established child support guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time each parent has.

These guidelines help ensure that child support payments are fair and appropriate for each family’s unique circumstances.

The non-custodial parent typically pays child support to the custodial parent to assist with the costs of raising the child, such as housing, food, clothing, education, insurance coverage, and medical expenses.

It is important to note that child support payments are separate from spousal maintenance (alimony) and are specifically intended for the child’s needs.

Fictional Scenarios of a Child Support.

Example 1: Olivia, a 29-year-old mother of a young child, lives in Gilbert. She is a part-time retail employee and struggles to make ends meet.

Olivia needs to ensure that her child’s father, Nathan, fulfills his financial obligations to their child after the divorce.

Her goal is to establish an appropriate child support arrangement that takes into account both parents’ incomes and their
child’s needs.

Example 2: Jason, a 36-year-old father of two, lives in Surprise. He works as a construction worker and is concerned about his ability to financially support his children after the divorce.

The challenge is that Jason wants to ensure that his child support payments are fair and consider the financial circumstances of both him and his ex-wife, Jessica.

He wants to work with a legal paraprofessional who can help him through Arizona’s child support guidelines and establish an equitable child support arrangement that reflects both parents’ financial situations and their children’s needs.

A legal paraprofessional from De Novo Law can help you understand Arizona’s child support guidelines and calculate appropriate support payments that ensure that the support order is properly enforced.

The Role of a Legal Paraprofessional in Divorce with Minor Children

A licensed legal paraprofessional from De Novo Law can provide invaluable support and guidance throughout the divorce process, particularly when minor children are involved.

They can help you navigate the complexities of Arizona family laws, advocate for your interests, and ensure that your child’s
best interests are protected.

Some of the ways a legal paraprofessional can assist you include:

More affordable than traditional attorney’s fees at a family law firm
Explaining your rights and responsibilities under statewide Arizona law
Assisting with the preparation and filing of necessary documents and forms
Advising on custody, parenting time, and child support arrangements
Representing your interests in negotiations, mediation, or court hearings
Ensuring that custody and support orders are adequately enforced and modified when necessary

If you are filing for a divorce with minor children in Arizona, contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Our legal paraprofessional can provide the support, guidance, and advocacy you need to protect your child’s best interests throughout the divorce process.

With over 30 years of experience and dedication, licensed legal
paraprofessional Stephanie Villalobos can help you navigate this difficult time and secure a brighter future for you and your children.

We are here to help you through this challenging time to ensure that your rights and interests are protected.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, child support, divorce case, divorce decree, legal paraprofessional, parenting time

De Novo Law Blog

My Ex is Behind on Child Support: What are my Options?

Navigating Child Support Can Be Challenging

Learn what your options are when your ex spouse is behind on child support. Choose from any of the topics below.

Can a Parent Refuse to Pay Child Support?
What Should You Do if Your Ex is Not Paying Child Support?
Is it Common for People to Miss Child Support Payments?
What are the Penalties for Not Paying Child Support in Arizona?
What Are Child Support Arrears?
How Can a Paralegal Professional Help me Recover Child Support Payments?
Speak With a Legal Paraprofessional Regarding a Divorce Trial

Can a Parent Refuse to Pay Child Support?

Yes, a parent can refuse to pay child support.

In most cases, if one parent is not paying their fair share of the financial responsibility for a child, then the other parent can take legal action.

A court may order the non-paying parent to make payments or face jail time. It is important to note that parents cannot use this as an excuse to avoid paying child support; it is their obligation as a parent and should not be taken lightly.

Furthermore, the amount of money owed will not go away even if the non-paying parent refuses to pay it; they will still have to pay what they owe, plus interest and penalties in addition to any court costs associated with enforcing the order.

What Should You Do if Your Ex is Not Paying Child Support?

If your ex is not paying child support in Arizona, it is crucial to take legal action.

You should contact a lawyer or legal paraprofessional specializing in family law who can provide sound advice on how to proceed.

You may also want to contact the Arizona Department of Economic Security Child Support Services Division, which can help you with enforcement efforts such as wage garnishment or interception of income tax refunds.

It’s also important to keep records of payments that have been made and any communications with your ex regarding child support.

Finally, you should regularly review your child support agreement and make sure that all payments are being made according to the terms of the agreement.

Taking these steps will help ensure that you receive the financial support for your children that is rightfully due.

Is it Common for People to Miss Child Support Payments?

Unfortunately, it is common for people to miss child support payments. This can be due to various factors such as unemployment, illness, or other financial issues.

In addition, some parents do not prioritize paying their child support and may use the money on other things. This can have long-lasting consequences for both the parent and the children involved in the situation.

The parent who fails to make payments can face legal action and/or financial penalties. Meanwhile, not receiving the total amount of child support may cause financial hardship for the custodial parent and/or the children.

Parents must stay current with their payments to ensure their children are financially provided for.

How do I Manage my Finances While I Wait for Child Support Payments?

Waiting for child support payments can be a stressful and overwhelming experience.

The best way to manage your finances while you wait is to create and maintain a budget.

Start by tracking your income and expenses, so you know exactly how much money is coming in and going out each month. Once you have an accurate picture of your finances, set realistic goals for saving money and creating an emergency fund. First, prioritize bills such as rent, utilities, food, and healthcare. Try to pay off any debt or high-interest loans as soon as possible.

Additionally, consider looking into government assistance programs and other forms of financial aid that may be available to help support your family during this time.

What are the Penalties for Not Paying Child Support in Arizona?

In Arizona, the penalties for not paying child support are severe.

The court may take away a person’s driver’s license or professional license, place liens on their property, or order wage garnishment. If a person is found in contempt of court for failure to pay child support, they could face jail time and be fined.

It is essential to understand that the state of Arizona takes non-payment of child support very seriously, and those who do not make their payments can face serious consequences.

What Are Child Support Arrears?

Child support arrears are payments that are owed to a custodial parent from the non-custodial parent for past due child support.

This is usually in the form of money but can also include other items such as medical expenses or reimbursements for daycare costs.

When parents do not make timely payments or fall behind in their obligations, the amount owed accumulates and is called arrearage.

In some cases, this debt can become very significant and even lead to legal action against the non-paying parent. The amount of arrearage should be paid in full before any future payments are made, so parents must stay on top of any money they owe to avoid having a large balance accumulate.

How Can a Paralegal Professional Help me Recover Child Support Payments?

A paralegal professional can assist in recovering child support payments in various ways. They can help to research and locate the non-paying parent and then advise on the best course of action for obtaining payment. This could include negotiating with the other parent or filing a motion with the court to order payment.

Additionally, they can also prepare all necessary legal documents, such as petitions for support, motions for contempt, and garnishment orders. Furthermore, they can advise on managing funds received and ensure that all expenses related to raising children are correctly accounted for.

With their knowledge and experience, paralegal professionals can help families recover unpaid child support payments quickly and efficiently.

Tip: Consulting a paralegal professional is also more cost-efficient compared to hiring an attorney.

A step that can be taken if you see yourself facing late child support payments is to contact an experienced paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags behind on child support, child custody, child support, child support payments, court ordered child support

De Novo Law Blog

How Does Parenting Time Work when Step-Children are Involved?

Child Custody and Parenting Time Can Be Challenging to Navigate

Learn how different circumstances can impact child custody and parenting time. Choose from any of the topics below.

Caring For Step-Children Can Pose a Challenge
What are the Rights of Step-Parents in Join Custody Arrangements?
Who Should Come First in a Blended Family
What if My Ex-Spouse and I Can’t Agree About the Custody of Our Children?
Speak With a Legal Paraprofessional Regarding Parenting Time

Caring for Step-Children Can Pose a Challenge

When step-children are involved, parenting time can be a tricky situation. Both biological parents and stepparents must share the responsibility of parenting, but it is important to establish clear boundaries.

Each parent should be given equal opportunities to spend time with the children while allowing them to maintain their individual relationships with both parents.

Parenting time should be tailored to each family’s unique needs, considering the child’s age and any special needs they may have. It is also important that all relevant parties are included in parenting plans, such as grandparents or other family members who may play a role in the child’s life.

With open communication and mutual respect among all parties involved, parenting time can work successfully when step-children are involved.

What are the Rights of Step-Parents in Joint Custody Arrangements?

In Arizona, step-parents in joint custody arrangements have certain rights that are outlined by the state’s laws. These rights include the right to petition for legal custody or visitation of minor step-children and the right to be informed about any changes to a court order related to the child’s custody.

The step-parent also has the right to access records related to their step-children medical care, education, and other important information.

In some cases, the step-parent may be able to gain legal decision-making authority for their stepchild if both biological parents agree or if there is a court order granting such authority.

However, it is important to note that no matter what rights are granted, these rights will always be subordinate to those of biological parents.

Should a Stepparent Have Input in the Parenting Plan?

Regarding parenting, stepparents can be an important part of the equation to their step-children. They often have a unique and valuable perspective that can contribute to creating a successful parenting plan. Stepparents should be allowed to have input in the plan, as long as it’s done respectfully and with consideration for both biological parents and their wishes.

All involved parties must work together in a collaborative environment to develop an agreement that works best for everyone involved.

This means that stepparents should be given a chance to provide their thoughts, feelings, and opinions regarding how children are raised and what rules are put into place. Ultimately, having stepparents involved in the process can help create an atmosphere of trust and encourage sharing of responsibility between all adults involved in the lives of their step-children.

Who Should Come First in a Blended Family?

When it comes to blended families, there is no one-size-fits-all answer as to who should come first. Some believe that the parent’s biological children should be given priority over their partner’s children. In contrast, others feel that all family members should be treated equally regardless of biological ties.

Ultimately, each family needs to find what works best for them and decide how they want to prioritize their children.

It can be helpful to talk openly with each other about expectations and feelings to foster an atmosphere of understanding and respect.

Communication is vital in a blended family, and being able to discuss important topics together can help build strong bonds between parents and kids alike.

No matter who comes first in a blended family, it is important that everyone feels appreciated and valued for their unique contributions.

How Should Communication Work Between a Stepparent and the Other Parent?

Communication between a stepparent and the other parent should be respectful, honest, and transparent. Both parents should have an open dialogue about expectations for their relationship and the step-parent’s role in the child’s life. It is also important to understand that both parents are responsible for setting boundaries and routines for the children and should work together to ensure consistency.

Additionally, communication should focus on finding common ground rather than assigning blame or making assumptions about each other. Both parents must consider each other’s feelings, opinions, and values when making decisions about their children. Suppose communication breaks down between the two parents. In that case, it is best to seek professional help to ensure that all parties involved can find a way forward to create a healthy environment for everyone involved.

What if My Ex-Spouse and I Can’t Agree About Custody of Our Children?

If parents can’t agree on the custody of their children, it can be a difficult and emotionally draining situation. It’s important to remember that in all divorce situations, the child’s best interests are paramount. This means that any decisions made regarding custodial arrangements should be made with their needs in mind.

It’s also wise to seek legal advice, as this helps ensure that both parties understand their rights and obligations under the law. If an agreement cannot be reached, then court intervention may be necessary.

While this is not ideal, it can provide both parties with a more impartial decision about the custody arrangements for the children.

A step that can be taken if you see yourself facing challenges regarding parenting time is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning parenting time.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags blended family, child custody, divorce case, parenting time, step-children, step-parent

De Novo Law Blog

Ways Social Media Can Affect Child Custody & Parenting Time

Social Media in a Custody Case

Learn how social media can influence a court’s decision on child custody and parenting time. Choose from any of the topics below.

Avoiding Alienation of a Child’s Affection from the Parent through Social Media or in Person
Raising your Voice Toward the Children or Parent
Making Threats of Physical Harm Toward the Children or other Parent
Living with a New Partner Before Divorce is Finalized
Expose Other Parent’s Faults with Mutual Friends
Refusing to Provide Child Support
Posting Photos of Property Damage You Cause
Denying Child of Parent Contact
Taking the Kids on Trips that the Other Parent is Unaware of
Speak with a Legal Paraprofessional regarding Social Media

Going through a divorce is never an easy undertaking. In fact, it can be even more arduous when the divorce includes children. As these times become difficult, a spouse can easily behave in a foolish manner that can cause an adverse outcome to their legal custody case.

As a parent going through a divorce involving children, it is important to remember that before, during, and after the start of any proceedings, the entire behavior of both parents will be reviewed. Knowing this should encourage you to remain on your best behavior throughout this time.

In order for you to be prepared for your divorce and subsequent child custody hearing, it is important to know what a judge takes into account while coming to their decision.

You also need to be aware of what to avoid doing as the divorce proceedings continue.

The Child’s Best Interest is in Mind

In order for you to understand how to properly behave throughout a custody hearing, you should be aware of the standard that the court will instill in order to make proper custody order arrangements, develop parenting time, and create a visitation schedule based on the child’s best interest.

Factors to consider include the following:

How long has a child been cared for by individuals other than the actual parents and surrounding situations related to it.
The parents’ desires of living situation and agreeing on where to live are considered to be included in the best interest of the child custody.
The child’s relationship and interactions with any siblings and parents, as well as all others who could impact the best interests of the child.
How the adjustment of the child is turning out toward the community, home, and school.
Amount of ability and desire to show respect toward the child’s bond with the other parent and to permit a relationship to continue between the children and parent.
Spousal abuse allegation or evidence.
Child abuse allegation or evidence.
Any child abuse conviction

Keep Your Behavior in Check

If you are desiring to have legal custody, physical custody, or joint custody, your behavior will be fully evaluated, including on social media.

If you know that you have bad habits and your spouse has pointed them out, then they could be used against you.

However, when your behavior is on the straight and narrow, then you will be able to avoid any negative physical custody outcomes.

Some circumstances should also be considered throughout the child custody hearing, such as the children mimicking their parents. You also should understand that everything a child is told by one parent will more than likely be told to the other. With that, you need to keep things to yourself if they do not pertain to the child directly.

Having Conversations Online

When you have a conversation, it can be used as evidence. This means you should suspect that everything you say is being recorded throughout the child custody hearing. These conversations can include social media conversations that you take part in.

When words are spoken or written, they can be easily obtained by the court for review. When the conversations are in writing, such as on social media, they can clearly show that it was going to be known.

Our list of reasons how social media can affect child custody and parenting time should be avoided at all costs.

This is especially true when you are planning to avoid limited visitation.

Avoiding Alienation of a Child’s Affection from the Parent through Social Media or in Person

It is known that the best environment for a child is one where they have both parents. However, when a parent continuously criticizes the other, the result will be the child making the important decisions of who they prefer to live with in order to preserve the parent-child relationship.

The children will ultimately become confused and upset about this alienating behavior. Judges know that this behavior can be damaging and thus do not tolerate this behavior much.

Besides criticizing, it is also a bad idea to prevent the parent from being with the children. This behavior can be harmful to the children. It is important to remember that this alienation can be caused by both parents.

Raising your Voice Toward the Children or Parent

As we mentioned, everything that you say and how you say it will be remembered. This is also true for conversations taking place through social media. So when you decide to have a conversation where you end up yelling, it can be seen as abusive in nature by the words you choose to express.

Oftentimes, one parent is perceived as being the more dominating and more assertive half of the relationship. When this is perceived, the other person will often make it look like they live in fear. Regardless of this fear being authentic, the allegations that are made are taken seriously by the court.

The last thing that you want to do is allow her to make accusations. When accusations occur, the parent may be viewed in a negative manner, such as having no self-control.

Regardless of the difficulty, restraint needs to be shown instead of having an outburst. When restraint is utilized, then there will be no impeding bad behavior.

Making Threats of Physical Harm Towards the Children or other Parent

When you have a heated conversation through social media and self-control is lost, threats of physical harm may occur. Hopefully, these threats do not come into being, but if they do, then it will turn into a crime if physical contact takes place.

When a judge catches wind of this, then the parent causing the harm will ultimately lose any type of physical custody case, especially physical custody. When physical violence takes place, the children may become upset and confused.

When this occurs, the children may develop issues with their emotional state, which can last their entire life.

Living with a New Partner Before Divorce is Finalized

Children often have a difficult time with the divorce and even harder times when they see their parents no longer loving each other. When you add the fact that a new partner enters the scene, then it can be a complete game changer for the entire divorce and custody order.

To avoid any possible issues, it is a good idea to refrain from disclosing your new relationship through social media or sharing photos of you with your new love interest. You can expect the court to frown upon this until the divorce has been finalized.

Expose Other Parent’s Faults with Mutual Friends

The friends one parent has will likely be the friends both parents share. So you can expect that whatever you tell your mutual friend through social media or in person will likely be shared with the other parent.

When a couple going through a divorce share mutual friends, a lot of “he said/she said” can happen behind the scenes. This is never a good position for friends to be in, so it is a good idea to not express anything at all to those that share a common friendship.

Especially because social media fails to conceal the author’s identity, anything that is publicly shared with one friend, such as a comment on a friend’s photo, immediately exposes that same information to others that can view the photo.

Refusing to Provide Child Support

When you know that you have a court order to pay child support, but you decide to share photos of your new ride or new clothes around the same time that the support is to be made.

When a judge sees your online photos and status updates involving new purchases but no payments of child support, then the parent will be in contempt and possibly arrested for ignoring the court order that is binding through the enforcement act.

Posting photos of damage on social media

Posting Photos of Damage you Cause

When you post photos on social media showing the damage that you caused to property, the court will view this as aggression that has built up over time. Because of this behavior, you may be labeled as threatening.

Denying all Contact with Other Parent

Contact can come in many forms, including contact through social media. When your child has access to social media, they likely have a direct line to make contact with the other parent. However, if you deny your child access to social media, you could be denying them contact with their parents.

Your child needs to have the liberty to make contact with the other parent when they feel like it, as long as the time is appropriate.

Taking the Kids on Trips that the Other Parent is Unaware of

When you post photos of a weekend trip that you took the kids on that are away from home, it may give a bad feeling to the other parent. This can be a bad thing if there is no agreement in the parenting plan about vacations away from the home state.

When a parent does not communicate the whereabouts of the children, then it may be viewed as a kidnapping attempt. This could easily result in stripping of the parent’s rights of visitation or eliminating parenting time. This can be avoided if the other parent is notified well in advance in writing or is included in the parenting plan.

A step that can be taken if you see yourself facing a lengthy legal custody hearing is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, divorce case, evidence, parenting time, social media

De Novo Law Blog

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De Novo Law Blog

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