Can A Father Take A Child Away From The Mother?

A child's custody determination depends on three factors; whether the parents are married, divorced, or not married and were never married. For married couples, laws on child custody Arizona state that parents have joint custody over their child(ren) unless or until a family court awards custody after one of them files a custody suit. If the parents are divorced, then the parent declared on the court order as having legal custody rights gets to have the child. For parents who have never been married and there is not yet a court order for custody, the child's mother retains automatic legal custody until a family court rules otherwise.

If you are an unmarried father and would like to have legal custody of your child for whatever reasons, you'll need paternity proof before filing a custody suit in a family court. Suppose the court determines the mother of the child unfit to execute parental responsibilities. In that case, it will rule the case in the best interests of the child, and you may stand to be awarded primary or even sole custody. Forcefully taking your child from the mother without following due process may institute legal action against you. By extension, the mother has a right to involve the police, the sheriff or file a case on the matter.

We'll take you through some occasions where a family court can award the father full custody of a child.

Child Abuse And Neglect

Suppose a family court determines allegations that a mother has been abusive to the child as true. In that case, the mother might be forced to forfeit all legal rights of custody and, in some dire cases, even visitation rights. Child abuse is taken extremely seriously and has led to many parents and guardians losing child custody rights. Proven cases of neglect of a child can also lead to a mother losing custody rights.

Incapacity To Care For The Child

Incapacity to care for the child can be caused by many situations. The most common is mental or financial incapacity. Since the courts rule a custody case in the child's best interest, an assessment of either parent's financial situation and mental health is often crucial in awarding custody. A mother could lose custody if they are proven not to have enough resources to raise the child. Similarly, if the mother has an unmanaged or escalating mental condition, they may lose custody.

Drug And Alcohol Abuse

Family courts take on drug and substance abuse cases extremely seriously in a child custody case. If the court finds out that the mother is battling drug or alcohol abuse issues, more so if there is a case of DWI, it can renounce the child's custody from the mother.

Family law matters can be an intricate web of confusion, more so when emotions are involved. To avoid or mitigate this murky situation, we at Genesis Family Law and Divorce Lawyers are always there to ensure you get the best legal advice on family law matters. Check us out on our website at https://familylawattorneymesaaz.net/ to meet and consult with all types of expert family law attorneys in Arizona.

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Arizona Locations

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Parenting in Times of The Pandemic

If you are stuck midway in your divorce case due to the COVID-19 pandemic, like in an informal arrangement or seeking reformed custody for your kids, your divorce lawyer in Mesa could assist you in co-parenting through this period. This would be the perfect time for parents to leave their differences and co-work to keep their kids safe and healthy.

Stay Updated and Teach Hygiene To Your Kids

You should regularly follow the news and guidelines issued by the government and community, and adhere to those which are applicable for you. This applies equally to both the parents. Both of you should practice discussing updates with regard to work notices, school closure or re-opening orders, testing slots, and vaccination availability. Teach your kids to maintain hygiene at all times through regular hand wash, use of masks, and social distancing. Help them learn the importance of these practices through fun reads in children’s books.

Stick to Your Parenting Plan and Grandparent Visitation

The pandemic should not deter any of you from providing parenting time to your kids. Both parents should continue with their existing parenting orders unless the same is modified or need change through mutual agreements. Thoughtful rearrangements need to be made between parents if there seems a possibility of coronavirus exposure. Both parents should ensure the place for each parenting meet is least crowded, avoiding any risk of virus transmission. Orders for grandparent visitations may be obliged through virtual meetings or calls for safety. Older grandparents may need modified temporary visitation orders owing to their ill-health.

Talk To Your Kids

During these tough times, you need to continue positive communication with your kids and attend to their concerns with care. Always be there to support them emotionally. Be reassuring in your conversations that there are better things beyond the sickness issues during the pandemic, and that all responsible adults are doing whatever necessary to protect them. Concerning adult discussions should always avoid the eyes and ears of your kids. This might make them more anxious.

Avoid Parental Conflicts

Always keep in mind that parental separation makes kids go through a lot of emotional trauma. This is why you were taught in your Parent Information Course to avoid conflicts in their presence. Frustration build-ups are natural during these pandemic situations. This could lead to parental conflicts or extended litigations. But a bit of care from both parents in this regard could positively impact your kids’ mental and physical being.

Stay Open to Counselling

You should be open to going through counseling sessions as parents during this time. Being responsible adults as parents, your coping skills and patience may get tested during the pandemic. Consultation with a mental health professional should help in such situations. Such professionals can also mediate conflict issues between both the parents, and help find solutions. In short, you should do whatever necessary on your part to keep your kids healthy and positive over this tough period. For more suggestions, please visit https://familylawattorneymesaaz.net/

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Can Smoking Marijuana Affect a Child Custody Case?

More states have started legalizing the recreational use of marijuana. It has become openly accepted and is also used for medicinal purposes. The recreational use of marijuana is still illegal in the state of Arizona. Those using it for medical purposes will have to be qualified. Numerous bills to legalize marijuana have been rejected and it is only a matter of time before it is legalized in the state. You’ve probably got in touch with a divorce attorney Mesa to have an idea of how the use of marijuana could affect the child custody case.

Medical Use

It is a lot harder to obtain marijuana for medical use in Arizona when compared to other states. You will be required to provide all medical records or go through a physical exam in order to qualify for the medication. There are limited reasons for the issuing of medical marijuana cards and you might find that you don’t qualify even with a genuine chronic condition. You can expect to pay a few hundred dollars for the medical marijuana card.
The use of medical marijuana in Arizona is governed by AMMA. The possession of marijuana will be deemed illegal unless all the requirements set by the AMMA are met.

Smoking Without a Medical Card

To some people, the use of marijuana can be equated to a favorite pastime. Smoking marijuana without a medical card is illegal and you could end up in jail. You’ll be charged with a felony which can have a big impact on an ongoing custody case. It will be impossible for AMMA to come to your rescue if you don’t have a medical card even if you were using marijuana for medicinal purposes.

At the federal level, the use of marijuana is still legal and can be considered child endangerment. The other spouse could request the court for modification of the custody regardless of whether or not you’ve been charged with unlawful use of marijuana. Evidence that supports the illegal use of marijuana to a point of abuse could be enough for the other parent to demand to take full custody which will be in the best interest of the child. You shouldn’t smoke marijuana without a medical card as it puts you in a tricky situation as far as child custody is concerned.

Know The Impact of the Use of Marijuana

If you have to use marijuana, it is crucial to know the impact it could have on the custody case. When dealing with such a matter, you’ll need to have an experienced attorney by your side so as to get the best possible outcome for the case. You can get in touch with Genesis Family Law and Divorce Lawyers – Mesa if you’re looking for a free consultation so that you’re aware of your options right from the onset of the custody case. You reach out to our experienced attorneys about the consequences of using marijuana for your child custody case. For more information on the matter, you can check out https://familylawattorneymesaaz.net/

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Everything You Need to Know About Parental Alienation in Arizona

Not all divorce cases will end amicably. There are people that will carry the anger and will be venting at every possible opportunity. The kids could find themselves in an uncomfortable position because of the proceedings of the divorce. Children shouldn’t be involved in the disagreements that you have with your ex-spouse. If you’re a spouse and a victim of the abuse and manipulation, it will make sense to get a divorce attorney Mesa so that the interests and the wellbeing of the kids are being protected.

Parental Alienation

Parent alienation could be termed as any or all actions meant to manipulate the child into hating or thinking less of the other parent. Divorce cases can get messy when children are involved. If the other parent is constantly making false accusations or speaking disrespectfully about you to the child, that will often lead to alienation.

Common Examples of Parental Alienation:

Telling the child to spy on the other parent during visitation
Purposely dropping off the child late or picking them early during visitation
Telling the child details about the divorce which could be true or not
Presenting the child with the opportunity of choosing whether or not to attend the visitation

Recognizing Parent Alienation in Arizona

It is possible that the child could be affected by the manipulation coming from the other parent. One of the signs that the child has been alienated is having strong and negative feelings towards the alienated parent. Unfair criticism is often common and the child will have unwavering support for the alienator. When you notice a change of behavior when the child was previously well-mannered, there could be a possible chance of alienation.

Parent Alienation and Child Custody

In Arizona and most states, the presumption is that a 50/50 child custody situation between the parents will be in the best interest of the child. The court will require that the child is spending equal time with both parents unless there is evidence to prove that one parent is a bad influence on the child. The court could decide that spending less time with a parent that is toxic will be in the best interest of the child. It is possible to prove alienation with sworn statements if the child is old enough to appear in court. It could be hard to prove the case if the child is still young. The best option would be to seek help from mental health professionals. Parental Alienation Syndrome is a condition that can be diagnosed and treated. Make sure to get a medical report from the provider which will come in handy when preparing the case.

Get in Touch With an Experienced Attorney

You don’t have to play cool if you suspect that your kid is a victim of parental alienation. You should reach out to an attorney that specializes in such cases. You don’t have to break the bank in order to afford such a service. To learn more, visit https://familylawattorneymesaaz.net/

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Can You Modify a Ruling For a Family Law Case?

When a child custody case or a divorce has been concluded, you might want to amend the terms of the case when they’re not favorable. It doesn’t matter if it has to do with issues with a parenting plan or awarding of custody, it is possible for modifications to be granted as long as some conditions are met. You should be looking for a divorce attorney Mesa so as to explore your options.

Reasons You Might Want to Modify Your Arizona Family Law Case

The reason for seeking such a modification will be unique from one individual to another. Some of the common reasons will include:

Change in the schedule of one of the parents making it hard for the current parenting plan to work
One parent moves far away
The needs of the child will change as they grow older
One of the parents remarries

Modifying Spousal Support and Child Support

Child support orders can’t be negotiated. This is true also for some spousal support orders. There could be a clause in the order that allows for adjustments at the end of every year. That means that a modification request can only be heard once a year and there are no guarantees that it will be granted. Request for child support reduction will only be granted if there is more than a 10% change in circumstances for the supporting parent. If the request is granted, another request for modification will only happen after one year.
The orders will also have to be modified once the child becomes an adult or one of the parents gets married again. It is the responsibility of the supporting parent to bring forward a motion once the child graduates from high school or turns 19 years of age.

Child Custody and Child Visitation Modification in Arizona

In the event that one of the parents is moving out of state, there will be a need for drastic changes to the parenting plan that is currently in place. Even plans that were initially 50/50 will have to be modified as it will mean the child spending summer with the parent that has moved out of state. When it comes to matters to do with child custody and visitation, the judge will look at the child’s best interests. There will be a 12 months wait period for any modifications once orders have been issued.

What About Formal Modifications?

If the relationship is amicable, there could be verbal agreements on the modification without necessarily involving the courts. You’ll need to make sure that there is proper documentation even for a verbal agreement. This is because the other parent could use the situation to request for modification because of noncompliance with the original orders yet the decision was mutually reached.

Discuss Modifications With Our Family Law Attorneys

Even if you’re still on good terms with the other parent, you’ll not want to take chances with a verbal agreement. You need to make sure that everything is being done by the look. To learn how we can help, visit https://familylawattorneymesaaz.net/

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

The Impact of Social Media on Divorce

Social media is a double-edged sword. As much there is a lot of good that it can do, it can also ruin lives. People only post good stuff on social media. This will result in undue pressure when you don’t have the real story behind the captions. If you’re going through a divorce, the unrealistic expectations could get to you. A good divorce attorney Mesa should be able to advise on the correct use of social media during the divorce proceedings. There are different ways in which social media can affect relationships and they include:

Infidelity

Most women on social media are constantly receiving messages from men they’ve never met. Some of the men will have pictures of their family and still have the courage to reach out to women. Social media can be a perfect breeding ground for infidelity.

Unrealistic Expectations

When scrolling through your timeline, it is easy to assume that people are living their best lives. What you might not know is that those photos could be from two years ago when life was still good. It is also possible that they’ve heavily been edited in order to appear nice for social media. This could result in unrealistic expectations for your relationship even when everything was going on well.

Insecurity

Your spouse might have never posted a picture with you on social media but doesn’t have a problem posting a colleague. This could see all manner of insecurities crippling in your relationship.

DistractionS

Social media is easily the biggest distraction in the 21st century. Instead of spending quality time with the family, you might find yourself on an infinity scroll of your social media timeline. This can have a devastating impact on a relationship.

Correlation Between Divorce and the Hours Spend on Social Media

There are studies that have linked divorce to excessive use of social media. With every 20% increase in the time you spend on social media, the chances of divorce go up by 4%. Those that are married and are under 40 are likely to experience unhappy relationships if one of the partners is addicted to social media.

Be Thoughtful of What You Post Online

Anything that you post online could be used against you in alimony, child custody, or child support case. You might tell the court that you’re not in a financial position to pay for child support yet you’re constantly posting pictures on luxury trips and buying designer items. You should avoid posting anything that would suggest spending money recklessly. You should also refrain from posting anything to do with drugs and drug abuse. There are some social media websites that could interfere with your divorce case and some of the main ones include Facebook, Instagram, Snapchat, Tik Tok.
If you’d like advice on social media usage with your ongoing divorce case, it is imperative that you’re consulting with the attorney. You can check out https://familylawattorneymesaaz.net/ for more information on the use of social media.

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Outrageous Child Support Payments By Celebrities

Child support is often seen as a contentious topic. You might have been involved in a messy divorce that did not end up well. If you feel like you’re paying more than you should, there is always the option of requesting the terms of the divorce. This will only be possible in 12 months after the orders have been issued by the court. You can always consult with a divorce attorney Mesa so as to be aware of the options that are available. If you think you’re paying a lot of money for child support, you’ve probably not heard out outrageous payments being made by celebrities.

Tom Cruise

Apart from acting, Tom Cruise is also famous for practicing Scientology. He is an award-winning actor with decades of experience in film. Tom Cruise was ordered by the court to pay $33,000 a month to the wife Kate Holmes to support their kid named Suri. Cruise is also responsible for expenses such as medical, dental, and educational.

Britney Spears

Britney Spears divorced her husband Kevin Federline in 2007. The two had two sons together. Britney had to pay $110,000 in legal services. In addition, she was ordered to pay $20,000 in child support. The ex-husband successfully petitioned an increase in child support in 2019 and Spears got to keep the residency in the Las Vegas strip.

Charlie Sheen

Charlie Sheen has coated controversy ever since he came to the limelight. There was even a time he used to pay a total of $110,000 a month in child custody. This is for two different women, ex-wives Denise Richards and Brooke Muller who were each receiving $55,000.

Brendan Fraser

For a brief stint, Brendan Fraser was the go-to person for A-list Hollywood movies. He has played leading roles in George of the Jungle and the Mummy. Afton Smith was enjoying $75,000 in child support for some period before Brendan requested a modification when his career started to wane. Smith did not let it lie that easy as she countered claiming that Fraser had more than $9 million in assets which he never declared.

Alex Rodriguez

If you love baseball then you’ve probably heard of Alex Rodriguez. He was once one of the highest-paid New York Yankee players. The court ordered Rodriguez to pay $115,000 per month to his ex-wife Cynthia in child support. In 2018, Rodriguez filed for a petition to have the amount reduced as he was retiring from the MLB.

Do You Have Children and Considering Filing For Divorce?

There is a high chance that you’ll have to deal with child support payments if you’ll be filing for divorce. You will need to get in touch with an experienced attorney so that you’re getting the best possible outcome for the divorce case. An expert lawyer will look at both your interests and that of the child when coming up with a defense. To learn more about child support, visit https://familylawattorneymesaaz.net/

Arizona Locations

Mesa, AZ – Office

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence