In an emergency situation you can file a Petition for a Temporary Order Without Notice simultaneously with a Petition to Modify Parenting Time. The court will hear it on an emergency basis if the child is in imminent risk of serious harm. The Court will deem the following as an emergency situation: 1. Abuse 2.
Category: Child Custody
Petitions to Modify Require a Change of Circumstance
In order to file to modify an existing order, a parent must wait an entire year from the date the last parenting time order was entered. In order to file to file to modify because the other parent is not complying with the existing order, you only have to wait six months. If it is
When Can I Change an Existing Parenting Time Order?
Arizona law imposes limits that only allow changes to a parenting plan if it has been more than one year since the Court entered the previous order (except in emergency cases where the child is at risk of harm). The State of Arizona understands that it is not realistic to expect a parenting time order
DOMESTICATION OF YOUR DIVORCE DECREE OR JUDGMENT FROM ANOTHER STATE OR EVEN ANOTHER COUNTY IN ARIZONA
Domestication of Your Divorce Decree Due to the mobile nature of our society, it can be difficult to predict where you or your family will end up. If you find yourself moving to Arizona after having secured a divorce decree or judgment that was adjudicated in another state or country, and you wish to enforce
CHILD SUPPORT ACROSS THE COUNTRY – UIFSA
Collecting your child support payments shouldn’t be difficult, but as we all know, it can be. If the other parent lives in a different state, there are additional steps you need to take to collect your court ordered support, but there is a uniform law in place to make that collection easier. Enforcement of Child
CUSTODY ACROSS THE WORLD – HAGUE CONVENTION
If you have minor children and are in the midst of a divorce or a child custody battle with a parent who lives in another country, you may face a whole different set of issues. Not only do you have to find a way to establish jurisdiction for your child’s custody in your home state
CUSTODY ACROSS THE COUNTRY – UCCJEA
Jurisdiction can be summed up as the power to make legal decisions and orders. A court must have jurisdiction over a case to make decisions that bind the parties. Jurisdiction is very important in the context of family law because each state has its own interpretation about how custody, child support, spousal maintenance and basically
LEGAL DECISION-MAKING AND PARENTING TIME – FORMERLY KNOWN AS “CUSTODY”
In a divorce, issues related to the children are usually the most important. Accordingly, questions about how the court will award legal decision making and parenting time are among the most common. Most people use the term “custody” to describe which parent the child lives with most of the time; however, Arizona now breaks what
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ARIZONA CHILD SUPPORT GUIDELINES ARE SET IN STONE
In Arizona, the amount of child support the court orders a parent to pay is determined in accordance with the Arizona Child Support Guidelines. Although they are called guidelines, the court will almost always order child support pursuant to the Arizona Child Support Guidelines. The court has discretion to deviate from the guidelines, but will
Paternity’s Effect on Legal Decision-Making And Parenting Time
Many times I’ll speak with a parent wondering what rights they do/don’t have without a Court order. As discussed in the first part of this blog series, there are several scenarios in which paternity would be presumed. However, until paternity is established by the Court, the Father is not, by definition, a “legal parent.” Further,
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