Arizona Divorce & Family Law Blog : Commentary on Arizona divorce, child custody, paternity, child support & family law litigation. : Arizona Family Law Lawyer & Attorney : Nirenstein Garnice Soderquist, PLC

Arizona Bills passed affecting divorce and child custody law include:

1. The Court must now make specific findings regarding its disposition of community property and debts;
2. The court is prohibited from awarding sole legal custody unless a finding is made that a parent is unfit or incapable of being a parent (unless both parents agree to sole legal custody);
3. The court must make specific findings in its rulings regarding parental fitness, parenting time and custody;
4. While the statute now creates a presumption that joint legal custody is in the best interests of children, it does not create a presumption of joint physical (i.e. 50-50 parenting time) custody.

For more information, see SB1314.

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Check out this all-too-common news story from Rich Phillips at CNN.  Miami -- A six-month ordeal has ended for a Florida couple with the return of their 2-year-old daughter who, authorities said, was whisked off to Argentina without permission by a church acquaintance of the parents.

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Sometimes the simple things count the most.  Remember, if you are in the process of appealing a child custody determination made by the Arizona Family Court, make sure you attach a copy of the transcript of the custody hearing for the Appellate Court's review.

In Bourgo v. Bourgo, 2009 WL 5062194 (Ariz.App. Div. 1)(Dec. 24, 2009), Mother forgot to do just that and as a result, her appeal challenging the denial of her petition to modify child custody was denied.

For all of your Arizona child custody related issues, make sure to contact Nirenstein Garnice Soderquist, experienced Arizona family law attorneys.

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The following changes will become effective September 30, 2009.

A.R.S. §25-403, which deals with child custody cases in Arizona has been modified to provide that the court will disregard the factor, which parent is more likely to permit frequent and meaningful continuing contact with the other parent, if the court determines that “ a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.”

This has obvious implications when dealing with Arizona child custody cases where domestic violence is involved. 

On a related note, another subsection has also been enacted, (A)(11), which requires the court to make a finding of whether there has been domestic violence or child abuse as defined in §25-403.03.

Contact Nirenstein Garnice Soderquist PLC for all of your related Arizona Child Custody matters.

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When there are children involved in divorce cases in Arizona (or paternity cases), many questions arise as to how child custody is resolved. Arizona Statutes deal with child custody issues in Arizona divorce and paternity cases and are a great first place to start.

Some definitions need to be known and understood.  For instance, with respect to Arizona child custody, "Joint legal custody" means the condition under which both parents share legal custody.  In this situation, "both parents share legal custody and neither parent's rights are superior, except with respect to specified decisions set forth by the court or the parents in a final judgment or order."  Normally, the major decisions regarding a child involve medical, education and religion.  Most other decisions made by a parent such as daily activies of the child, what the children eat and wear, etc. are made by the parent who has physical custody of the child at the time the decision needs to be made.

That brings us to "Joint physical custody", which is defined as "the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents."  What "substantially equally time and contact with both parents" is, of course, where many problems may arise as both parents may have very different views on this subject.

In an Arizona divorce or paternity case, if mother and father are unable to reach an agreement as to what custody arrangements should be put in place for their child, Arizona statute authorizes the court to award when deciding child custody that custody be either "sole" or "joint".  Importantly, there is no presumption in favor of one custody arrangement over the other.  And, "the court in determing custody shall not prefer a parent as custodian because of that parent's sex".  So, the sex of the parent when determing child custody in Arizona should not be a factor in the court's decision.

Many questions often arise about "what is in the child's best interests" in Arizona custody cases.  The divorce or paternity case judge considers the following: 1. the wishes of the child's parents; 2. the wishes of the child; 3. the interaction and interrelationship of the child with the parents, the child's siblings and any others who may significantly affect the child's best interests; 4. the child's adjustment to home, school and community; 5. the mental and physical  health of all individuals involved; 6. which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; 7. whether one parent, both parents or neither parent has provided primary care of the child; 8. the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody; and 9. whether either parent was convicted of an act of false reporting of child abuse.

Of course, this is only the basics.  When dealing with Arizona child custody disputes each case is different because no two situations are exactly the same.  Facts always differ.  If you have any questions regarding Arizona child custody in the context of an Arizona divorce or paternity case, contact Nirenstein Garnice Soderquist PLC.

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Arizona Divorce -- No Fault Jurisdiction.  According to Arizona divorce laws, you do not need to prove grounds in order to receive a divorce. The Arizona court will grant a petition for divorce on the grounds that there has been an irretrievable breakdown of the marriage. This is referred to as an Arizona no-fault divorce. Additionally, one of the spouses must have been a resident in the state of Arizona for 90 days prior to the filing of the petition for divorce in AZ.

Alimony & Community Property in Arizona.  Arizona is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to Arizona divorce laws this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage will be retained by the owning spouse. Spousal maintenance, also known as spousal support or alimony, can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid and which is considered just. Marital fault may not be taken into account in this decision.

Arizona Child Support, Child Visitation and Child Custody. The main focus in determining child custody, according to Arizona divorce law, is the best interest of the children. However, under AZ divorce laws, the parents may submit a parenting plan with the request for joint custody. Visitation rights within reason are typically awarded to the non custodial parent. Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Arizona. Expect to pay child support until the age of 18 or until the child is a high school graduate.

To find out more contact www.ngslaw.com.

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Nirenstein Garnice Soderquist PLC is an Arizona divorce and family law firm. Our hard-earned and highly respected reputation is built on years of practicing at the highest level of skill, compassion, integrity and versatility. Our partners and associate attorneys represent clients in diverse matters from divorce and child custody disputes to complex business litigation in the context of a divorce case to mediation or litigation and all associated facets of law.

With an intensely guarded reputation of excellence and track record of success Nirenstein Garnice Soderquist PLC has earned the respect and admiration of colleagues and opposing counsel alike. This prestige and standing in the legal community has positioned our firm to attract the brightest legal talent to best server our client's needs.

OUR PHILOSOPHY

We believe our clients are best served by a progressive "team representation" approach that emphasizes creative use of intellectual, persuasive and technical acumen. Depth and diversity in our attorney talent allow us to match your needs with the most skilled individual representation while also providing the benefits of the entire teams collective capabilities.

To ensure the most successful resolution for each client, Nirenstein Garnice Soderquist PLC collaborates closely with other professionals - including family therapists, counselors, corporate and financial advisors and clergy. This inclusive extension of our comprehensive team approach supports unique strategies that better meet each client's unique needs.

OUR COMMITTMENT

Your cause is our commitment. Every Nirenstein Garnice Soderquist LLP attorney is dedicated to tireless advocacy, reasoned decision-making and effective implementation of superior strategy and sophisticated techniques.

Every effort is made to achieve a successful resolution outside the courtroom. However, our attorneys will confidently step before the Bench to challenge opposing counsel - and judges - when doing so is in your best interest. In every circumstance we will passionately champion your rights.

Part of our role is to cut through the jargon, answer questions and clarify complex issues. We provide thoughtful counsel that allows you to make decisions with confidence while actively participating in the resolution of your case. We devote maximum effort to achieve maximum results while always striving to deliver in an optimum, timely, cost-efficient and practical manner.

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We realize our clients have come to us to assist them in resolving delicate matters. That's why every case - every issue - is addressed with understanding and sensitivity.

We never forget that our clients are people who deserve dignity, respect and compassion.

We're mindful that those on the opposite side of the negotiating table - or the courtroom - may often be friends or family whom you never imagined you'd be speaking to through an attorney.

We respect the bonds of family and understand that disputes between siblings, parents and children, in-laws or other relatives require firm resolve tempered by delicate diplomacy if there is to be hope of maintaining or repairing familial harmony.

We understand that clients with children can never lose sight of the need to maintain their ability to collaborate with the other parent - now and throughout their lives.

We believe a strategic understanding of the law leads to new possibilities and innovative ways of helping clients minimize risk while maximizing progress toward their goals.

We believe each and every client has the justified expectation of our fullest commitment and resolve focused on achieving the broadest positive outcome on their behalf.

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