Arizona state divorce statutes vacations
Whether either parent was convicted of an act of false reporting of child abuse or neglect under section Joint legal decision-making requires both parents to work together collectively to make decisions regarding the childhood rearing of their children. Sole legal decision-making allows one parent to make decisions regarding the childhood rearing of their children without consulting the other parent.
Joint legal decision-making does not equate to zero dollar child support order. Child support is based upon a shared income model.
Thus, the income of both parents is considered to first determine the amount necessary to cover the basic needs of a child. Even if you have joint legal decision-making, child support will be calculated taking into consideration that the parties have joint legal decision-making. The court will also consider other factors such as who pays for heath insurance, the parenting time schedule, extra education expenses, etc.
No, child support and parenting time are two separate issues. A parent is not permitted to make a unilateral decision to refuse parenting time previously ordered by the court. Generally, the court will not allow a minor to decide where they will live necessarily. The court will consider the best interest of the child when determining where your child will reside.
Can I move out of state with my child?
There are several factors the court will consider. The court may consider the wishes of your child as a factor. The court will also consider the age and maturity level of your child. Arizona allows a person other than a legal parent to petition the superior court for legal decision-making authority or visitation. To petition for the court legal decision-making authority, the third party would have to show that:. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.
A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months. For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed. A parenting plan is a legal document that outlines the rights and responsibilities of each parent.
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Generally, it includes information regarding the parenting time schedule, holiday parenting schedule, education of the children, child support, division of medical expenses, extra-curricular expenses, etc. During the pendency of your case you can file motions for temporary orders to address certain issues that cannot wait until the end of your case. Temporary issues generally include, but are not limited to, parenting time, legal decision-making authority, child support, attorney fees, spousal maintenance, etc.
Legal decision-making authority can be decided on a temporary basis pending your dissolution of marriage. A more long-term decision will generally be made at the end of your dissolution, if not agreed upon prior. If you and your spouse cannot agree on legal decision-making, you will have a trial in which evidence will be presented by you and your spouse for the court to consider and make a decision regarding legal decision-making.
An ex-parte order is a decision made regarding a party without a hearing and is generally based upon a sworn affidavit of the party requesting the order without notice to the other party.
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Yes, the judge can order supervised visitation or no visitation if the judge finds that such an order is in the best interest of the child. It is unlikely that your child would have to appear in court to be examined by counsel while in front of both parents.
Frequently Asked Questions | Arizona Department of Child Safety
What is more common is an in camera interview by the judge, if requested by either party. An in-camera interview is a private interview with the judge and your child regarding your case. Neither the parties nor the attorneys will be privy to the interview. In order for your child to have an in-camera interview they must be able to clearly articulate facts or have a clear understanding of what they are being asked. In addition to its provisions for full faith and credit, the PKPA explicitly provides that a state cannot modify the child custody decree of another state without complying with the terms of the PKPA.
Postnuptial Agreement In Arizona
Thus, if a state modifies a previous child custody order without compliance with the PKPA, the modification is not entitled to full faith and credit in other states. Accordingly, the determination or modification of either legal custody, residence or visitation rights must comply with the PKPA or risk a lack of enforcement in other states. When you file for a Dissolution of Marriage or Legal Separation, the court will automatically but a restraining order in place preventing either party from leaving the State without an order of the court or agreement of both parents.
Arizona statutes are written in a manner in which on their face and application there is no favoritism in custody matters. All decisions are made based on the facts provided for a given case. With that being said, the social mores often dictated by society can have an impact on custody matters. However, it is important to consult your attorney about the kind of evidence that is required and the proper way of acquiring it. You need to know whom you are going to call to testify on your behalf and the purpose of their testimony.
You need to know what exhibits you will be admitting as evidence and why they are important to bring before the court. You need to know what exhibits they are going to attempt to admit as evidence and analyze the possible purpose of said exhibits. This is by no means an exclusive list; there are number of things which could come up during a custody matter in which you would need full knowledge of. The GAL will meet with both parents and the child ren and see how the child ren interact with parents individually.
Typically, a GAL will generate a report and file it with the court. Whether you need one depends upon the details of your particular case. The choice of a lawyer is an important decision and should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Office in Ridgeland, MS. Offices in Pittsburgh and Philadelphia, PA. Kimberly Lewellen licensed in CA only.
Lauren Dabule, Florida Resident Partner. Tampa, FL. Call our office today at.
The Complete Guide to Divorce in Arizona
Arizona Child Custody Questions Arizona family law attorneys provide answers to frequently asked questions with regards to Arizona child custody and Arizona custody laws. Resource: Arizona State Legislature. ARS Parenting plans shall include at least the following: A designation of the legal decision-making as joint or sole as defined in section A practical schedule of parenting time for the child, including holidays and school vacations.
A procedure for the exchanges of the child, including location and responsibility for transportation. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section , disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.