Child Custody
the Harding Firm is focused on helping people through their tough family law matter
Child Custody
Divorce is tough. I once heard someone say if men were made of blue water and women were made of red water, when married, both people become purple water. A divorce is the process of un-merging waters. How can help someone become restored to their original blue or red state? Here is the answer…over time. The divorce, or dissolution process, takes time. However, there are three things that every man should keep in mind when seeking a divorce, regardless of what stage of the process they are in:
1. Capable women can and should work
Many moons ago, society believed that women were not capable of doing what men can do. That myth has gone by the wayside and as a divorce attorney with bread-winner clients, I like that. The average median household income in Gilbert, Arizona is $84,000. That means, the non-breadwinner is capable of making a lot of money. Thus, the other party should receive little to no spousal maintenance (alimony).
2. Children need their Father as much as they need their Mother
Perhaps this is a by-product of the age of gender equality, but it is true. Fathers, or their designee, are capable of playing with children, doing homework with children, and spending time with children just as well as Mother. There is Arizona law that states that parents should have as close to equal parenting time (visitation) as possible. And remember, a divorce creates a “new normal;” so if Father was absent because he worked all of the time, the divorce process is the perfect time to work less and spend more time with the children. What happened in the marriage is less important than what happens in the dissolution process.
3. Hire an attorney who you trust
The divorce process is a lengthy one, on average it lasts between 4 and 18 months. You need someone who will advocate for your rights, while you focus on loving and providing for your children.
What does the court consider when determining legal decision making and parenting time?
While this is not a complete list, here are some of the things the court considers when determining legal decision making and parenting time:
- The children’s ages and maturity levels
- The children’s attachment to each parent
- Any special needs (of children and/or parents)
- The children’s relationships with siblings, friends, and extended family
- Distance between the parents’ homes
- The flexibility of parents’ and children’s schedules
- Where and how exchanges will take place, as well as transportation
- How well parents communicate and co-parent
- The children’s and parents’ cultural and religious practices
- The parents’ ability to care for the children and uphold the parenting arrangement
- Domestic violence, substance abuse, or mental health issues
Keep in mind that limited parenting time is seen as a last resort and should only be pursued when one parent has seriously harmed or abused the children, is considered to be a threat to the safety of the children, or a court order is already in place stating that there is to be no contact between the parent and children.
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Third party rights
Sometimes, people who are not a child’s biological parent have relationships with the child that the court should protect by ordering the parents to allow this person to be in the child’s life. These “Third-Party Rights” can be for a grandparent, former stepparent, relative, or anyone else who the court determines maintaining the relationship would be in the child’s best interest.
Child Support
Both parents have a responsibility to support their children. In Arizona, the courts use a child support calculator to determine how much money each parent can and should contribute to the care of their children. The amount of support is based on each parent’s income, the time the children spends with each parent, the age of the children, and the children’s expenses, such as health insurance and childcare.
Other Considerations in Child Custody
In addition to the standard areas of discussion when it comes to divorce and children, there are some other legal components that may affect your case.
Grandparents’ Rights
In the state of Arizona, grandparents cannot sue for visitation when the parents are together and married. The only time they have a court case is when one of the following conditions is met:
- The parents have been divorced three months or more
- One parent is deceased
- The child is born out of wedlock and the parents did not later marry
When grandparents sue for time with their grandchildren, the court takes into account the best interests of the children, including the relationship between the parties, the motivation behind the suit, the amount of time requested, and the benefits of maintaining that relationship.
In Loco Parentis
The Latin phrase In Loco Parentis means “in the place of a parent.” In some cases, when parents are not the best option to care for their children, another party may step in. That could be grandparents and other extended family members as well as family friends. This may be a short-term or permanent arrangement depending on what is in the best interests of the children.
Divorce
As your family and best divorce lawyer in Gilbert AZ, we focus on ending your marriage as efficiently as possible while protecting what you value most. Trust our focused, principled attorney to help get you through this tough time, with your best interest in mind. Call us today at 480-442-4142.
Child Custody
Protect your children during and following your divorce by ensuring they receive the emotional, physical, and fiscal support they need. We help during divorce and with post-divorce issues. Contact us today.
Collaborative Law
When a divorce is amicable, one way to avoid the courtroom is through collaborative law, which allows you and your spouse to work together on next steps for your family. Call us today at 480-442-4142.
Testimonials
What others think of The Harding Firm speaks volumes, much more so than we can share ourselves. Read what past clients have appreciated about working with us here.
