Recent Blog Posts in April 2010 |
| April 30, 2010 |
| Child Support Issues |
| Posted By Gillespie, Shields & Durrant |
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Child support issues are very important. They can greatly effect both parents and children and it is important to know your rights when it comes to child support. Hear are some quick tips:
When can a party modify an order of child support?
At any time upon a showing of substantial change in circumstances. This could be a change in employment or a change in family circumstances.
How do I start an child support modification action?
By filing a petition for modification and supplying new support worksheets this will require some simple financial records that you may have on hand.
What is the process like?
You need to petition the court and serve the other party with a summons, a copy of the petition, and the worksheets. Once this is done, you need to file proof of service with the court. In order to serve the other party correctly, it is best to hire a professional process server, but sometimes that is not necessary.
How long does the other parent have to respond?
The responding party's answer must be filed with the court within twenty days after service of the petition or sixty days if served out of state.
Will there be a hearing?
Yes. For a change of support the court will conduct a hearing and determine if a modification is justified.
Will it be expensive?
No, not necessarily. Modifications are relatively straightforward, but you need to take the right steps. Usually it is much more expensive to do nothing. You have some options for getting help don't be afraid to ask.
If you have a child support question, contact a Phoenix family lawyer at Gillespie, Shields & Durrant. Don't wait for something to change on its own because it wont. |
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| April 29, 2010 |
| Grandparents’ Visitation Rights |
| Posted By Gillespie, Shields & Associates |
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At Gillespie, Shields & Durrant, we are proud to offer a full range of services for every type of family law issue, including the rights of grandparents seeking visitation for their minor grandchildren.
Under Arizona law, a court considering a request for visitation rights by grandparents must determine if the request is in the child's best interests. Such request must be based on at least one of the following circumstances:
- the parents' marriage has been dissolved for at least three months; or
- one of parents has been missing or deceased for at least three months; or
- the child was born out of wedlock.
Other factors a court must consider when determining the amount of visitation time include:
- past relationship between the grandparent and the child;
- the grandparent's motivation;
- the amount of visitation time requested and its possible adverse impact on the child's customary activities; and,
- in the event one or both of the child's parents are dead, the possible benefit in maintaining an extended family relationship.
For this or any other family law concern, please contact a Phoenix family law attorney at Gillespie, Shields & Durrant. |
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| April 28, 2010 |
| Relocation |
| Posted By Gillespie, Shields & Durrant |
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Do you need to relocate more than 100 miles away with your children? Is the mother or father of your children intending to move and take the children with them?
There are strict rules in Arizona governing relocation with minor children. Different rules apply regarding whether you must provide notice to the other party dependant upon your custody situation . In every scenario, you must have a legitimate reason to relocate that will benefit your child or children. The Court will penalize a parent for attempting to relocate to obstruct the other parent's relationship with the child. You should consult with a qualified attorney who will help you determine if you have legitimate grounds for relocation. If you move before a Court grants you permission, you face potential sanctions such as the forcible return of your children. Courts also frown upon a parent removing children from Arizona when family court litigation is pending or without permission of the other parent.
In Arizona, it is difficult, but not impossible, to obtain permission from the Court to move children away from the State or County if the relocation is contested by the other parent. Relocation may have potential adverse affects on children including, but not limited to, less visitation time with the other parent and less contact with extended family and friends. Depending upon the child's age, the wishes of the child may be taken into consideration. The Court is less inclined to care about the fact that relocation may provide a better situation for mom or dad as they are to focus on what is best for the child. The Court will determine whether the potential move will create sufficient benefit for the child to outweigh any potential adverse affects. Often, the recommendation of an expert witness can aid the Court in its determination.
If you have received notice that the other parent is intending to relocate with your child, you should speak to an attorney familiar with relocation issues as it is important to file a Motion to Prevent Relocation and obtain a hearing date before the relocation occurs.
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| April 27, 2010 |
| Grandparents’ Custody Rights |
| Posted By Gillespie, Shields & Durrant |
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At Gillespie, Shields & Durrant, we are delighted to offer a full range of services for every type of family law issue, including the rights of grandparents seeking full custody of their minor grandchildren.
Under Arizona law, a court considering a request for full custody by grandparents of their minor grandchildren must determine if the request is in the child's best interests. The court begins with a presumption that the physical, psychological and emotional needs of the child are best served by having the child in the parent's legal custody.
To rebut this presumption, a grandparent must show by clear and convincing evidence that awarding custody to the parent is not in the child's best interests, and must meet all of the following criteria:
- the parents are not married to each other, or one of them is deceased; and
- it would be significantly detrimental to the child to be or remain in the parent's custody; and
- the grandparent stands in place of the parent and has formed a normal child-parent relationship with the child.
For this or any other family law concern,, please contact a Phoenix family lawyer at Gillespie, Shields & Durrant. |
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| April 16, 2010 |
| About Divorce |
| Posted By Brad Crider |
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| Arizona is a no-fault divorce state. That means if one of the parties wants a divorce the court will grant it. The parties simply need to allege that the marriage is irretrievably broken without reasonable prospect of reconciliation. There is free marriage counseling made available by the state of Arizona. That is, if you believe marriage counseling may be of benefit, you can petition the court for conciliation and the court can request that your spouse attend one session with a counselor. There are certain time requirements set forth by statute in the state of Arizona by which a divorce may be completed. Once a party has filed for divorce and the other party is properly served the time requirements begin and the community is deemed no longer to exist for purposes of income and accruing benefits.
The court requires that a minimum of 64 days pass from the date an adverse party is served or accepts service of a divorce decree to the date that a consent decree is submitted to the court for the court's signature. It can take the court up to 30 days to sign a consent decree once it is submitted, which means that, in general, the quickest a divorce can happen in the state of Arizona is approximately 90 days. Contested divorces can take up to a year or more, depending on the nature of issues and the intensity of the litigation. |
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| April 15, 2010 |
| Welcome to our Family Law Blog |
| Posted By Family Law Attorney |
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| Our Attorneys are pleased to announce the launch of our Family Law blog with an RSS feed available at .../Recent-Blog-Posts/RSS.xml |
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