Non-Traditional Family Structures in Arizona

Non-traditional family structures in Arizona

Family structures in Arizona are as diverse as the people who make up our communities. While traditional family models have long been the norm, non-traditional family structures are more common and are integral to our social fabric.

Genesis Family Law & Divorce Lawyers understands that handling the legal implications of non-traditional households can be challenging. Our team has experience working with different family structures and securing parental rights. A good family law attorney knows the importance of recognizing new family structures.

Understanding Non-Traditional Families

A nontraditional family is a term for a specific family unit. It is not traditional because it deviates from the conventional nuclear family model. The most common notion is a married couple with biological children, but it is not the only one.

These families can include a wide range of structures. Their relationships don't fit the traditional mold and face unique legal challenges. Family relationships usually reflect society's evolving nature. Nowadays, it's become much clearer that the concept of family cannot be as linear as before. The notion of a family does not only include single parents. It includes cohabiting couples, same-sex families, and even polygamous arrangements.

Navigating non-traditional households, particularly those involving unmarried parents, presents unique challenges and opportunities, especially when it comes to providing support for children born through various means, such as in vitro fertilization.

Establishing the rights and responsibilities of each biological parent is crucial for the child's well-being in these situations. Unmarried parents may face complex legal hurdles when seeking financial assistance or defining custody arrangements, which can affect their ability to provide a stable environment for their children. Understanding the legal landscape and seeking appropriate guidance can help unmarried parents effectively overcome these challenges, ensuring they can create a nurturing and supportive household for their children.

Traditional vs. Non-Traditional Families

Traditional families consist of a married heterosexual couple with children. This model has historically been the standard and is often depicted in media and cultural norms. Non-traditional families challenge this standard and offer alternative forms of family life. These can include single-parent households, couples living together without marriage, same-sex marriage raising children, and more.

Non-traditional families may face unique legal and social challenges. These families also bring new perspectives and strengths to family life. Awareness of these differences is key. It will help ensure all family structures receive fair and appropriate recognition or financial help.

Types of Non-Traditional Family Structures

Non-traditional family structures in Arizona

Children raised in nontraditional households are increasingly common nowadays. Parental responsibility happens in different ways, for example:

Single Parenthood

Single parenthood is one of the most common non-traditional family structures. Single parents may raise their children alone due to various reasons. These reasons include divorce, separation, or parenting without a partner.

Single parents often face huge difficulties. Parents face many challenges when balancing work and family responsibilities. Parenthood also needs management of finances and handling issues like custody and child support.

Cohabitation

Cohabitation refers to couples who live together and share a domestic life without marriage. This arrangement can include couples with children or those who choose to live together, even if no children have been born.

Legal issues can come up for cohabiting couples. Some issues may be related to property rights, custody, and financial responsibilities. In Arizona, cohabiting couples do not have the same legal rights as married couples. You must comprehend your legal standing if facing any litigation process.

Same-Sex Families

A family of the same sex consists of partners of the same gender. They could be cohabiting or raising children together. Legal recognition of same-sex relationships and family structures has evolved in recent years.

Same-sex marriage has been a reality in the state of Arizona since 2014 after the U.S. Supreme Court's decision in Obergefell v. Hodges. Yet, same-sex families can still encounter legal challenges. Challenges may come up regarding parental rights, adoption, and inheritance.

Polygamy

When an individual has more than one person as a spouse, it's called polygamy. Although polygamous marriages are legally recognized in some cultures and countries, they are not recognized in Arizona.

The state of Arizona can create legal complications for polygamous families on issues like custody, inheritance, and property division. For example, Arizona Revised Statute or ARS 13-3606 also makes bigamy, or marrying someone while already married to another person, a class 5 felony.

Legal Considerations for Non-Traditional Families in Arizona

Custody and parental rights are major legal issues for non-traditional families. For single parents, cohabiting couples, and same-sex families, ensuring legal protection and recognition of parental rights is critical. In Arizona, custody decisions are based on the child's best interests. Non-traditional family structures may need more legal steps to establish and protect these rights.

For same-sex couples, legal recognition of parental rights may need specific legal measures. Adoption or second-parent adoption ensures both partners have legal standing. Single parents may need to handle custody arrangements and child support. Hiring a lawyer can ensure a successful outcome.

Legal Challenges and Protections

Non-traditional families or blended families may face several legal challenges, including:

Legal protections for non-traditional families are evolving, but challenges remain. Families must recognize their rights and seek legal advice to navigate these issues efficiently.

Importance of Acknowledging Non-Traditional Families

Importance of acknowledging non-traditional families

Recognizing non-traditional families is essential for fostering an inclusive and supportive society. Social recognition helps confirm diverse family structures. It ensures all families can access the necessary resources and support. Legal recognition is just as important. Recognition provides protections and rights crucial for non-traditional families' well-being and stability.

Impact on Family Law Practices

The acknowledgment of non-traditional families has a considerable impact on family law practices. Legal professionals must adapt to the diverse needs of these families.

Attorneys ensure that legal frameworks and practices are inclusive and fair. This includes updating laws and policies to reflect the realities of modern family life and providing legal support that addresses the unique challenges faced by non-traditional families.

Myths About Non-Traditional Families

There are many myths and misconceptions about non-traditional families. One common myth is that non-traditional parenting is unstable. They are compared to traditional family structures and deemed less effective.

Some people believe that children in non-traditional families face more difficulties. People tend to think in a biased way that children would lack proper guidance and support.

Misconceptions About Non-Traditional Families

Research and real-life examples show that nontraditional families may be as successful as traditional families. Love, support, and stability are key factors contributing to a successful family. A family does not have to have a specific family structure.

Non-traditional families can offer strong emotional bonds and a supportive environment for children. Situations like this prove that family success is not confined to traditional models.

Characteristics of Successful Families

A successful family is one where members support each other. When there is communication, there is a stable and nurturing environment. Success in a family context is defined by the quality of relationships. The ability to handle challenges together and the well-being of each family member are also essential.

Important Elements That Must Be Present to Make Any Family Successful

Regardless of the family structure, several key elements contribute to a successful family:

Legal Support for Non-Traditional Families

Genesis Family Law & Divorce Lawyers provides comprehensive legal support to nontraditional families. Our experienced team knows the unique challenges faced by these structures.

We are ready to offer guidance on custody, parental rights, property matters, and more. Whether you are handling a custody dispute or seeking legal recognition for your family, we are here to help.

Resources Available for Non-Traditional Families

Also, to legal support, non-traditional families can enjoy various resources, including:

Contact Us Genesis Family Law to Advocate for Your Family

Contact Us Genesis Family Law to Advocate for Your Family

Non-traditional family structures are a vital and valued part of our society. Each family unit has its unique dynamics and challenges. Awareness of these family structures and the legal considerations involved is essential. Legal support will ensure that all families receive the recognition and support they deserve.

Genesis Family Law & Divorce Lawyers is committed to providing expert legal help to non-traditional families. If you are part of a non-traditional family and need legal support, we invite you to contact us for a consultation. Our team is here to offer guidance, support, and solutions tailored to your family's needs.

Contact us at Genesis Family Law & Divorce Lawyers to learn more about how we can assist you in achieving the best outcomes for your family.

How Do I Register Out of State Orders?

As the best child custody lawyers in Arizona we often get asked, "how do I register out of state orders?" Hi, my name is Brandon Yost, and I'm an attorney here at the Law Offices of Kevin Jensen. I get a lot of clients who come in and have got an issue with a custody order that's from another State. Now, at one point, they were living in another state, and now, my client has moved into the State and wants to know what can be done. Well, just because you have a custody order in another State doesn't mean that it will always remain in that State. There is a set of laws called the uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA to make it a little bit more simple. But you don't have to worry about the title. That's what the lawyers worry about.

But in reality, it details how we deal with custody orders from 1 State to another. When you have a custody order in 1 State, if everybody moves into Arizona, for example, you can transfer that custody order into Arizona, you registered here, and then Arizona has jurisdiction to enforce the custody order, and also to modify the custody order. What orders you had when your kids were 3 really don't often apply when they're 15. And so, it's typical to need to change custody orders from time to time, especially if there has been a big life changing event, like a move to Arizona for instance. So, you may find yourself in a situation where you've got a custody order from another State, and now you're currently living here, and it may be appropriate to register that custody order in Arizona. And once it's registered here, it can be enforced here, and also, if necessary, can be modified here. Not all cases can be registered in Arizona. So, it's not something that in every case would be appropriate. But we offer a consultation here at the Law Offices of Kevin Jensen, and we can sit down with you, understand your situation, understand what's going on in your life, and then give you the best advice and decide whether it is necessary to register your out-of-State custody orders. Please, give us a call here at Law Offices of Kevin Jensen and we'd be happy to help you out.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Does Child Custody Law Include in Arizona?

As the best child custody lawyers in Arizona we often get asked, "what does child custody law include in Arizona?" Hi, I'm Kevin Jensen, a divorce and family law attorney in Mesa, Arizona. There's a lot of strange things that can sometimes happen when parties are going through a divorce. Once in a while, we have someone come in our office stressed out, completely unnerved because one of the other parents has done something that has affected his or her relationship with his child. For example, we recently had a case where a mother going through divorce situation, took the child from the State of Arizona and left, really without consent of the other parent, or from an order from the court. As you can imagine, the father was stressed out. He didn't know where his child was. He didn't know how to get ahold of the child. And of course, he didn't agree for the child to even leave in the first place. The mother was being completely vindictive and refuse to bring the child back to Arizona so that he can be with his father.

The father hired us to help him find the child and getting back to Arizona. Now, this was not a very easy process. To start with, we had to file a petition with the court requesting that the court order that the mom brings the minor child back to the State of Arizona. The problem, the first problem that arose in that process is that you have to serve the other party with the petition. Well, how in the world do you serve somebody who's left the State and you don't know where they're at? That was the first problem that we had to solve. After making as many attempts as we could possibly make to serve her through normal means by sending a process server, we had to actually go and get permission from the court to serve by publication. Now, this is a process where you can actually publish the petition that you're filing in a newspaper, and that gives notice to the other party that somebody has filed something in court and that they have to respond. That's a long process, and it's not very easy. It took us about a month to do that. Only after we served her through publication, were we able to go in front of the judge.

Now, the judge had some limitations, at least that's what she thought. Through some hard work and legal research, we were able to convince the judge that she could order that the mother returned the child to Arizona through the process of issuing something called a warrant. This was a warrant that required mother to bring the child back to Arizona. Well, that was a victory for us, but we still had a problem. How do we get somebody not in the state of Arizona to execute this warrant? What we wanted to do was have a law enforcement officer wherever mom was, take this warrant to mom, physically take the child and bring him back to Arizona. After a lot of work, and research, and frankly, a little bit of help from an anonymous tipster, we were able to find the mother had taken the minor child to the State of Florida. The next problem that we encountered is how do we take this warrant and get somebody in Florida to go over to mom's house and say, “Let's go. We're taking the child back to Arizona,”?

What we found out is that we had to domesticate that order or that warrant in Florida. Now, ‘domesticate’ is kind of a fancy legal word for getting somebody in Florida to recognize that warrant is valid. We were able to find a legal procedure in Florida that allowed them to recognize the warrant in Arizona and then execute that warrant, like any other words. This story has a happy ending. We were able to accomplish that domestication process and engage the sheriff's department down in Florida to go over to mother's house and physically take the child from the mother and bring him back to Arizona.

Now, divorce situations, as I said in the beginning, create all kinds of stressful situations. Sometimes they're not very common situations, like this case. It's not every case where somebody flees the State with a child. But when something like that happens, you're going to need somebody who's willing to get in your corner and fight hard for you, someone who's willing to take some of that stress on, someone who's going to give you the reassurance that everything's going to be okay, there's a legal process that allows justice to be done. We do that kind of work every day. We are dedicated to helping parents facing difficult situations with their children during divorces. We offer a free 30-minute consultation where we hope to put your mind at ease and to give you some advice as to what can be done in any difficult divorce situation. So, please, if you're going through something difficult in a divorce, or any other legal matter, give us a call at 480-632-7373. Thank you.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What are Parental Rights in Arizona?

As the best child custody lawyers in Arizona we often get asked, one common question that I get when people come in and have a consultation with me is fathers will say, “Hey, I know Arizona is a mother-friendly State, and I don't have any rights. And we're going to go through this child custody battle or even a divorce however it may be, and mother is going to have all the time with the kids, and I'm just going to be stuck seeing them maybe on weekends, or maybe every other weekend.” And that's a valid concern. But let me tell you, that's no longer the law in Arizona. A couple years ago, the legislature changed the law and said that judges are not supposed to prefer one parent's proposed plan because of his or her gender, or the gender of the child. Well, what that means is, essentially, judges don't say mothers get the best deal anymore. That was something that was an old vestige from the past.

Now, judges are required to find a parenting plan that's going to maximize the child's time with each parent. Now, that doesn't necessarily mean that it's best for your situation for a 50/50 parenting time. Sometimes that's not what's best. But if that works, and everything else is equal, then we can get you as close to 50/50 as possible. And in some instances, it’s actually better for the children to be with the father. If we can prove that to the judge, then fathers can sometimes walk away with more parenting time than mothers.

I don't want you to think that, “No, I'm a father, I'm not going to have equal rights,” because that's not true. Here, we offer a free consultation, or you can come in and sit down and speak with me for 30 minutes, and we can discuss, really your rights as a father, and what you can expect in this divorce or in this child custody proceeding. Give me a call and you can come and we can discuss this, and you can understand that, yes, as a father, you do have rights. And you don't have to just sit down and sit back and expect mother to dictate everything that's going to happen. Give me a call. We can talk about it and alleviate some of the stress that you may be failing. I look forward to speaking to you soon.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Should I Ask an Attorney in My Parenting Time Consultation?

As the best child custody lawyers in Arizona we often get asked, "what should I ask an attorney in my parenting time consultation?" Hi, I'm Kevin Jensen with the Law Offices of Kevin Jensen. You're receiving this video because you have reached out to our office and scheduled an appointment to meet with one of our attorneys for a consultation. The consultation you've requested is specifically regarding modification of your current parenting plan. We understand that co-parenting with another parent can sometimes be stressful. We also understand that circumstances sometimes change that require going back to court and changing the plans that you currently have in place. That can be very stressful too.

In order to help us maximize our time together, I wanted to send you this video and have you considered some important questions that we're going to need to discuss when we meet. First of all, modification cases require that the person seeking modification demonstrate to the court that there's been some sort of substantial and ongoing change of circumstance. That can vary from case to case. But in cases involving a change of a parenting schedule, it's important that you be able to demonstrate to the court that there's been something that's changed in your life that necessitates changing around whatever schedule you've been following to something new.

So, first and foremost, I'm going to ask you to come prepared to discuss what that change is. As I said, that can vary from case to case. And it really is something that's up to the judge to determine whether that is sufficient enough to change the schedule. In some cases, it may be because a parent has moved further away from the other parent. It could be a parent has been arrested and gone to jail. I know that sounds kind of dramatic, but that's something that happens from time to time. Maybe a parent got a DUI. Or maybe it's a situation where one parent wants to move out of State. That change of circumstance will determine whether or not a judge is willing to even move forward with a modification.

Secondly, come prepared to discuss what new schedule you think the court should adopt and why. You always have to make sure that the court can consider parenting time for the other parents. So, if you're going to be asking the court to reduce the parenting time of the other parent, come prepared to discuss why you think that's appropriate and in the best interest of the children. If you're coming to talk about why you think that you need to increase your parenting time, once again, come prepared to discuss why that would be in the best interest of the children, and what specific schedule you want to adopt. We know that these issues can be stressful. We know that they're important to you and your children. The more information you can bring to us and the reasons for the changes that you're requesting, the better advice we can give you. Thank you once again for giving us the opportunity to meet with you. We look forward to meeting with you soon. And thank you.

For more videos answering common child custody questions click here.

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 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

What Should I Ask an Attorney in My Child Custody Consultation?

As the best child custody lawyers in Arizona we often get asked, "what should I ask an attorney in my child custody consultation?" Hi, I'm Kevin Jensen with the Law Offices of Kevin Jensen. You're receiving this video because you've contacted our office and schedule an appointment with one of our attorneys to discuss modification of parenting time and or legal decision making. We want you to know how much we appreciate you giving us an opportunity to meet with you to discuss these important legal issues. We know that family law cases can be stressful, and especially cases involving modification, where you may have been doing something for a while, and now something has changed that necessitate you coming back to court and asking the judge to change your current orders. Modification always requires that the person seeking modification demonstrate to the judge that there's been some kind of substantial and ongoing change of circumstances.

So, in order to maximize our time together, I'm sending you this video to consider some issues that we're going to need to discuss. First and foremost, we need to discuss what has changed in your life and your circumstances that lead you to come to my office and discuss your case with me. Changes of circumstances can vary from case to case. In some cases, they can be very dramatic. For example, a parent gets arrested for a DUI, or there's been some sort of domestic violence. Other times, it can be a little less dramatic. For example, a parent moves further away from where the children are living, or they want to relocate out of State.

So, the first question I'm going to ask you to consider and come prepared to discuss is, what specific circumstances have changed that make you feel like the judge needs to modify your current orders? With custody cases, we generally talk about legal decision making and the parenting schedule itself. For the very same reasons, I want to discuss what specifically you want to change with regard to legal decision making. If you currently share joint decision making with the other parent, my presumption would be that you're going to be asking the court to give you either sole decision making or final say. Come prepared to discuss why you think that change needs to take place, keeping in mind that, with legal decision making and with parenting time, courts are generally going to be looking at fitness issues related to another parent.

If you're asking the court to change the parenting schedule, please come prepared with a proposed parenting schedule and why you think that schedule would be in the best interest of your children. Do you think that your parenting schedule needs to go to an every-other-weekend schedule? If so, why? Do you want to change your schedule from every other weekend to a week on week off, or an equal pairing plan? If so, what has changed in your case that justifies going to that new schedule? And why is it in the best interest of your children? These important questions allow us to analyze your case and give you the best advice possible to determine whether or not your modification can be successful. Modification cases are not easy. They're very stressful. A lot of times, there's a lot of tension between parents even after the divorce, and that leads people to come to court and want to change things. So, it's very important that we're able to discuss the specific reasons why you want to change the plan, and whether or not those reasons will be justified under Arizona law. Once again, we thank you for giving us the opportunity to meet with us. We really do appreciate it and look forward to meeting with you soon. Thank you.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Should I Bring to My Child Custody Consultation?

 


As the best child custody lawyers in Arizona we often get asked, “what should I bring to my child custody consultation?” You’re receiving this short video, because you’ve taken the time to schedule an appointment to meet with me to discuss your child custody modification matter. Child custody modification matters typically involve some sort of substantial and ongoing change of circumstance than necessitates you going back to court and asking the court to adjust or change the parenting schedule and often times even legal decision making and child support. In order to help us have the most productive meeting possible, I wanted to talk about some important information and documents that you can bring to our consultation.

First of all, in a modification matter, it’s always really important for you to bring your current orders. It’s always very helpful for me to be able to review what is currently in place. With regard to modifying custody, again, we’re looking for some sort of substantial and ongoing change of circumstance. So what I really need to be able to talk about is what has changed in your life that now requires you to go back to court and change the schedule. Has somebody moved far away from the other parent? Is there a work schedule that’s changed? Has there been some sort of abuse, neglect, substance abuse, criminal behavior or something along those lines? All of those can be reasons a court can go back and change a parenting plan and legal decision making for that matter. With regard to child support, we’re going to want to talk about any changes in income, any changes in the cost of daycare or any changes in the cost of healthcare. All of those are important factors to be able to discuss possible changes in child support that might be related to our parenting time changes.

Once again, we want to make sure that we’re able to give you the very best advice possible. In order to do that, if you can bring this information with you I know that our time will be well spent and we can give you the very best direction that we can. We look forward to seeing you very soon. Thank you.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Should I Bring to My Paternity Consultation?

 


As the best child custody lawyers in Arizona we often get asked, “what should I bring to my paternity consultation?” You’re receiving this short video because you’ve taken the time to schedule an appointment to meet with us to discuss your important paternity matter. A paternity matter is a case where one parent, typically parents who are not married, come to court to establish their rights with regard to a child. These rights are going to include child support, legal decision making and parenting time. In order to help make our meeting as productive as possible, and for us to give you the very best advice that we can, I wanted to talk about some of the information that you can bring to your consultation to make it as productive as possible. First of all, we’re going to talk about a custody plan for the child. With custody, what we’re really looking at is legal decision making and parenting time. Legal decision making can involve which parent gets to make decisions for the child. Courts can consider such things as criminal behavior, substance abuse, domestic violence, or severe mental health in determining whether both parents should have joint decision making or whether one parent should have sole decision making.

We also want to talk about a parenting plan. With regard to that, we want to talk about work schedules, distances that the parties live from each other, and some of the other things I spoke about earlier like substance abuse. These are all factors that go into the best interests of the child that the court can consider. Child support requires a discussion on finances. Come prepared to talk about what your income is and the income of the other parent. If there are daycare costs, we’ll need to know how much those are and we’ll also want to talk about who’s providing health insurance and how much that is. In a case where you think that one parent will have less than fifty percent of the parenting time, parenting time is also a factor and so we’ll want to talk about what a potential schedule is going to look like and why the other parents should not have equal parenting time.

We know these are super important issues to you. We’re excited for the opportunity to sit down and meet with you and discuss them with you. Thank you once again for scheduling your consult with us and we look forward to seeing you soon. Thank you.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Happens if My Ex Spouse Flees the State With My Child?

As the best child custody lawyers in Arizona we often get asked, “what happens if my ex-spouse flees the state with my child?” There’s a lot of strange things that can sometimes happen when parties are going through a divorce. Once in a while, we have someone come in our office stressed out, completely under, because one of the other parents has done something that has affected his or her relationship with their child. For example, we recently had a case where a mother going through divorce situation took the child from the state of Arizona and left, really without consent of the other parent or from an order from the court. As you can imagine, the father was stressed out. He didn’t know where his child was, he didn’t know how to get ahold of the child, course he didn’t agree for the child to even leave in the first place. The mother was being completely vindictive and refused to bring the child back to Arizona, so that he could be with his father.

The father hired us to help him find the child and get him back to Arizona. Now, this was not a very easy process. To start, we had to file a petition with the court requesting that the court order that the mom brings the minor child back to the state of Arizona. The first problem that arose in that process was that: you have to serve the other party with the petition. Well how in the world do you serve somebody who’s left the state, and you don’t know where they’re at? That was the first problem that we had to solve. After making as many attempts as we could possibly make to serve her through normal means by sending a process server. We had actually go and get permission from the court to serve by publication. Now this is a process where you can actually publish the petition that you’re filing in a newspaper, and that gives notice to the other party that somebody has filed something in court and that they have to respond. That’s a long process, and it’s not very easy. It took us about a month to do that.

Only after we served her through publication were we able to go in front of the judge. Now the judge had some limitations, at least that’s what she thought. Through some hard work and legal research we were able to convince the judge that she could order that the mother return the child to Arizona through the process of issuing something called a warrant. This was a warrant that required mother to bring the child back to Arizona. Well that was a victory for us, but we still had a problem. How do we get somebody not in the state of Arizona to execute this warrant? What we wanted to do was to have a law enforcement officer wherever mom was, take this warrant to mom, physically take the child and bring him back to Arizona. After a lot of work and research and, frankly, a little bit of help from an anonymous tipster, we were able to find the mother had taken the minor child to the state of Florida.

The next problem that we encountered was, how do we take this warrant and get somebody in Florida to go over to mom’s house and say: “Let’s go, we’re taking the child back to Arizona.” What we found out is that we had to domesticate that order or that warrant in Florida. Now domesticate is kind of a fancy legal word for getting somebody in Florida to recognize that warrant is valid. We were able to find a legal procedure in Florida that allowed them to recognize the warrant in Arizona and then execute that warrant like any other warrant. This story has a happy ending. We were able to accomplish that domestication process and engage the sheriff’s department down in Florida to go over to mother’s house and physically take the child from the mother and bring him back to Arizona.

Now, divorce situations, as I said in the beginning, create all kinds of stressful situations. Sometimes they’re not very common situations like this case. It’s not every case where somebody flees the state with a child, but when something like that happens, you’re going to need somebody who’s willing to get in your corner and fight hard for you. Someone who’s willing to take some of that stress on. Someone who’s going to give you the reassurance that everything’s gonna be okay, there’s a legal process that allows justice to be done. We do that kind of work everyday. We are dedicated to helping parents facing difficult situations with their children during divorces. We offer an hour consultation, where we hope to put your mind at ease and to give you some advice as to what can be done in any difficult divorce situation. So please, if you’re going through something difficult in a divorce or any other legal matter, give us a call at (480) 999-2321. Thank you.

For more videos answering common child custody questions click here.

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

Glendale, AZ – Office

Located in Glendale. Our Glendale 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 Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Grandparents rights in Arizona

Grandparent's rights in Arizona

Handling family dynamics can be a challenge, especially with grandparents' rights. In Arizona, grandparents can play a vital role in their grandchildren's lives. Comprehending their legal rights and options is key for your protection. If you have an extended family relationship and need a judge to grant grandparent visitation, hire an experienced family law attorney.

Read further to learn about visitation, custody, and adoption. Whether you are a person seeking visitation or a child's legal parent looking to obtain grandparent custody, contact our law firm to secure your child's safety.

Grandparents' Visitation Rights in Arizona

In Arizona, grandparents have the potential to secure visitation rights under specific circumstances. The legal framework for grandparents' visitation rights is governed by Arizona Revised Statutes or ARS § 25-409. The Arizona Law allows grandparents to seek visitation with their grandchildren. These visits must be under certain conditions, even when the child's parents do not agree.

The Arizona court of law recognizes that keeping a relationship with grandparents is in the child's best interest. This arrangement works best when a connection has already been established and benefits the child's welfare. Yet, securing these rights involves several legal considerations and requirements.

Criteria for Granting Visitation

A court is the legal decision-making authority that grants grandparent visitation. The courts in Arizona assess several criteria when deciding to grant visitation rights to grandparents. The factors that the court may check include:

  1. Pre-existing relationship: The court will examine whether a meaningful relationship between the grandparents and the grandchild was established before the petition was made. There may be questions about whether the relationship is natural or adoptive grandparents.
  2. Child's well-being: The court considers whether the visitation would contribute positively to the child's emotional and psychological well-being.
  3. Parental objections: The child's parents' preferences are also considered. If one or both parents oppose visitation, the court will examine whether the visitation time requested is needed despite the parental objections.
  4. Child's age and health: The child's age and health can influence the court's decision. The court confirms that any visitation arrangement is appropriate for the child's developmental stage.

Steps to Get Visitation Rights

Granted visitation rights as a grandparent involves a legal process that requires careful preparation. Here's a general outline of the steps involved:

  1. Consult with an attorney: Consult a family law attorney skilled in grandparents' rights. They can help you learn the legal process and prepare your case.
  2. File a petition: Next, file a Petition for Grandparent Visitation Rights with the court. A petition should include details about your relationship with the grandchild. Another query may be why visitation would be in the child's best interests.
  3. Serve the petition: The petition has to be served to the child's parents, informing them of the request for visitation.
  4. Attend a hearing: A court hearing will be scheduled for when you will present your case. The parents will also have an opportunity to express their views.
  5. Court decision: After reviewing the evidence and hearing from both sides, the court will decide on visitation rights.

Choosing the Right Legal Representation

Choosing the right legal representation

Choosing the right attorney is important when asserting grandparents' rights. Look for a lawyer specializing in family law with experience handling grandparents' rights cases. Key factors to consider include:

How Genesis Family Law & Divorce Lawyers Can Help

Genesis Family Law & Divorce Lawyers knows the importance of maintaining strong family bonds. We commit to advocating for grandparents' rights and maintaining that sense of trust.

Our team has experience handling grandparents' visitation, custody, and adoption cases. We offer personalized legal support tailored to your specific situation. We want to ensure that your case is handled with the care and expertise it deserves.

Petition for Grandparent Visitation Rights

Filing a petition for grandparent visitation rights involves several key steps. This legal process ensures that grandparents' rights are considered. The child's best interests are always considered and kept in mind. Here's a detailed look at how the petition process works:

  1. Drafting the petition: A detailed petition outlines your relationship with the grandchild. Include the reasons for seeking visitation and how it serves the child's best interests. Your lawyer can help you with drafting the petition.
  2. Filing with the court: Submit the petition to the family court in the county where the child resides. Ensure that all required forms are complete.
  3. Serving the petition: The petition must be given to the child's legal parents or guardians. Serving the petition is required as it notifies them of your request and allows them to respond.
  4. Preparing for the hearing: Gather evidence and prepare for the court hearing. Evidence could include documentation of your relationship with the child. Any communication with the parents could be relevant as well.
  5. Attending the hearing: Present your case to the court, including why visitation would be in the child's best interests. Be prepared to address any concerns made by the parents.

Required Documentation

When filing a petition for visitation rights, you must provide various documents to support your case. These may include:

Common Challenges in Petitioning

Grandparents may face several challenges when petitioning for visitation rights. Common challenges when trying to get custody include:

Grandparents' Custody Rights

Grandparent's custody rights

In most cases, grandparents may seek custody of their grandchildren. Custody usually happens when the child's parents are unavailable. The biological parents may also be unwilling to care for them. So, if the grandparents believe the child's safety or well-being is at risk, there could be a custody arrangement.

Situations where grandparents might seek custody include:

Legal Standards for Custody

When considering custody arrangements for grandparents, the court applies specific legal standards. The primary focus is on the child's best interests, which may include:

Adoption vs. Custody

Adoption and custody are distinct legal processes. Adoption involves a permanent change in the child's legal status, transferring all parental rights and responsibilities to the grandparents. Custody grants legal authority and responsibility for the child's care but does not stop the parents' rights.

Legal Requirements for Adoption by Grandparents

If grandparents wish to adopt their grandchildren, they must meet specific legal requirements. The process typically includes:

  1. Filing an adoption petition: Submit a petition for adoption to the court. It should detail your relationship with the child and the reasons for the adoption.
  2. Home study: Take a home study conducted by a licensed social worker to determine the suitability of your home environment.
  3. Consent: Get consent from the child's parents unless parental rights or the parents are unfit.
  4. Court hearing: Attend a court hearing where you will present your case for adoption.
  5. Finalization: The adoption is finalized if approved, and the grandparents assume full legal parental rights.

Benefits of Adoption for Grandparents

Adopting a grandchild can offer many benefits, including:

Grandparents' Rights When Children are Relocated Out of State

When a parent relocates with a child out of state, it can significantly affect grandparents' visitation and custody rights. The distance can make regular visitation challenging. Being apart can lead to changes in custody arrangements if the relocation affects the child's well-being.

Legal Options for Grandparents

Grandparents have several legal options if a child is relocated out of state:

Interstate Legal Considerations

Handling custody and visitation across state lines involves navigating complex legal issues, including:

Book Your Consultation with Genesis Family Law & Divorce Lawyers

Book your consultation with Genesis Family Law & Divorce Lawyers

Our team is here to answer your questions, discuss your case, and guide you through the legal process with expertise and compassion. Don't hesitate to reach out. Your family's future may depend on the right legal support.

Genesis Family Law & Divorce Lawyers is committed to assisting grandparents assert their rights. We like to help maintain meaningful relationships with their grandchildren. Whether you are seeking visitation, custody, or adoption, our experienced team is here to support you every step of the way. Contact us to learn more about how we can assist you in achieving a favorable outcome.