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

 

As the best child custody lawyers in Arizona, we often get asked, “what are grandparents’ rights in Arizona?” This is an issue that a lot of people come to me and ask about and it’s a little unsure on where Arizona statutes are as far as grandparent rights. Well, let me tell you a story. A young grandma grandpa came into my office, they were the probably late forties, early fifties and they had some concerns about their grandchild. This child had been living with them throughout the child’s life, about seven years, and the child’s parents had gotten a divorce a few years before. The reason for their divorce was the mother had been involved in some criminal activities and had been arrested and was no longer able to be around the minor child and the father had continued to live with grandma and grandpa and had taken care of this child but really had left the parenting responsibilities up to grandma and grandpa, and the child had been essentially raised by his grandparents, These grandparents wanted visitation rights in Arizona and hired us to be their Grandparents rights attorney in Arizona.

Well, the father decided that he wanted to move out of the state and kind of had a falling out with his parents, and so father took the child and moved out of state, and my clients, those with grandparents rights, had talked to a different attorney who had told them there was nothing they could do. They’d found out that the mother had filed something taking them back to court and they had just had a hearing the week before, and they came to me and said: “Hey, what’s going on here? You know- we’ve been involved in the child’s life, he’s been gone for about four months, we don’t know where they’re at, they’re out of state. We don’t know. Now we find out the mother who’s a criminal, who has got some criminal history, is now seeking rights and we want to protect this child.” So they came to me and they asked me: “What can we do?” and I said, “Well, the advice you got was bad. I wouldn’t have done it that way. I would have done it a little differently, but let’s get in there right now and file something.” So we filed to intervene as grandparents, and since they had already had the hearing, we had asked for a new hearing.

We asked for a “temporary orders” hearing. And we had to wait a couple of months until we had a temporary orders hearing. In the meantime, we found out that the judge had ordered the father to bring the children back to Arizona and to allow the parenting time to continue. Now, remember, mother was a criminal so her parenting time was supervised. And the child didn’t really have a great relationship with the father, so the judge was left with this impossible task of figuring out: “Who should I put this child with?” And interestingly enough, both mother and father didn’t mention that grandparents were so involved. So when I came into the case- the judge had placed the child with an aunt and uncle who lived in a different city, so we asked the judge to take the child away from where he was living now and going to school now, and put him back with grandma and grandpa. Well, the judge was reluctant to do that, because the child was already back in school and was making some progress. And so on temporary orders, the judge said no, but the judge did do the smart thing and said: “Okay, we’re gonna have some parenting time for grandparents.” Then we had a trial set up a little bit later.

We came back to the trial and we had all of our evidence at that point. Because of the temporary orders hearing, you typically don’t have as much time to put on all of the evidence. We brought on all the evidence and we were able to successfully convince the court that this is what needs to happen. The grandparents had essentially raised this child from his birth and had been so important and integral to this child’s life, that the child should be returned with grandma and grandpa. We were able to win that case and the judge smartly found that the aunt and uncle who had been spending time with the child shouldn’t be cut out of the child’s life completely and that the father who was living out of state shouldn’t be cut out completely and the mother shouldn’t be cut completely. But really this case was about where the child should primarily reside and who should make the decisions for this child.

Well, because my clients came to me and were able to talk about it and understand how third-party grandparent rights work in Arizona, we were able to convince a judge to put things back to where they should be, also ensuring that the child had a relationship with his father, had a relationship with his mother and had a relationship with the other people who are important in his life, but that he primarily resided with his grandma and grandpa and they were able to make the decisions. There are a lot of complicated issues in this kind of case where you’re dealing with third-party rights or grandparent rights, and it’s important to talk to a lawyer who understands how the law works and who will give you your options so that you and your lawyer together, can make the decisions. Come and see me, we’re here at the law offices of Kevin Jensen and we’ll sit down with you, we’ll take time to understand your situation and to explain the laws that would apply to you.

For more videos answering Grandparents Rights in Arizona or 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 is Parenting Time in Arizona?

 

As the best child custody lawyers in Arizona we often get asked, “what is parenting time in Arizona?” Today, I want to talk to you about the topic of child custody and specifically about the issue of parenting time, or parenting plans. In Arizona, when a couple gets divorced, one of the issues that comes up inevitably, obviously, is: “what do we do with the kids? How much time do each of us get to spend with the child now that we’re going to be divorced and we’re going to have effectively two households?” Arizona law, fortunately, is very attuned to the fact that the courts favor both parents being equally involved in their children’s lives and really what the law requires family courts to do is adopt parenting plans that will maximize both parent’s time with the children. That’s really what the wording of the statute is.

Now, for a lot of years there wasn’t a really a definition as to what maximize both parents time with the children meant. Most family courts interpreted that as, “hey, we’ve got to adopt a 50/50 parenting plan, and that really is what I think the legislature intended when they put that language in there. Recently, some cases have come down from the court of appeals telling family court judges that they really do need to prefer equal parenting plans. So the good news, and I think this is specially true for fathers, that we are not a state that favors one parent over the other when it comes to spending time with the children. Courts are going to look for equal parenting plans in almost every case. Now, at the end of the day, whatever that parenting plan’s going to be, it still has to be in the best interest of the child and there’s a number of factors that the court has to go through to determine what’s in the best interests of the child. So you may have a parent who doesn’t want to do 50/50 for a variety of reasons, and in those cases it becomes the burden or the responsibility of the parent who wants to do something other than equal parenting time to provide evidence to the court to show why something other than equal parenting time is in that child’s best interest.

So what kind of evidence would would demonstrate that? Well, it’s probably the stuff that you can imagine. A lot of times it’s bad stuff. Alcohol abuse, drug abuse, obviously domestic violence, criminal behavior. All of those things can be factors that a court can look at, but there’s also some practical aspects to this discussion. So, for example, let’s say a couple is getting divorced. One parent is living in Mesa, the other parent moves out and they decide for whatever reason to move clear across town and live in Glendale. Well, the Phoenix valley is huge and if you have a school aged child going to school in Mesa, it becomes kind of impractical for that parent to now share equal parenting time, because the distance going to and from Glendale to Mesa, you know, a couple times a week to get the child to school becomes really difficult. So courts will look at things like distance between the parents homes. Sometimes they’ll look at work schedules. There’s a number of factors that the court can look at, but the important takeaway is that where every judge is going to start is from a 50/50 standpoint.

Now, let’s talk about this in practical terms. I recently had a case involving a father. His name was Carl, and Carl and his wife decided to get divorced and the mother, his soon to be ex-wife, decided that since she was a stay at home mom, it was her right to have the child with her most of the time. She felt that she needed to have the child during the school week and at best, Carl could see his daughter on weekends and maybe for dinner once a week. And candidly, that kind of used to be the default parenting plan for dads in divorces. Carl didn’t like the idea of not being able to see his daughter except for on weekends. He wanted to spend as much time with her as possible. He had a pretty normal work schedule, so there wasn’t anything in his work schedule that would prohibit him from sharing equal time with the child. He didn’t move far away from wife, and so we had to go to court over this issue. Mother was just convinced that, because she was the mom, she should get most of the time. So we went to court and after putting on the evidence, the court looked at the situation and said no.

This is a case where Carl should get equal time with the child. And I don’t think mother was particularly happy about that, and believe it or not, I’m sympathetic to that. I understand how hard it is for any parent, both mothers and fathers, to be faced with the prospect of not being able to spend as much time as they had been with their children. I think educating people to help them understand how Arizona law works when it comes to parenting time, hopefully it helps soften the blow. There are certainly cases where equal parenting time does not make sense. It really doesn’t. If there’s a parent who has a significant drug or alcohol issue, that’s not safe for the child and they shouldn’t be exercising equal parenting time. And in some cases, the judge can actually order supervised parenting time in those cases. Every case is different. I often tell clients or prospective clients that family law cases are like snowflakes. Every one’s a little bit different. The facts of your case are going to determine what a court might do. So, as attorneys who have done family law for more than a decade, we have a lot of experience handling these issues for both moms and dads. We can look at your case, look at the particular facts and give you advice on what we think a court might do in your particular instance, and we would invite you to come down to the law offices of Kevin Jensen and sit down with one of our experience attorneys to help understand what your rights are and what’s going to be best in your case.

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.

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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.

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333 N. Dobson Rd #5
Chandler, AZ 85224
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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.

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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.

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Florence, AZ 85132
(480) 632-1120
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7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
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