The Zachary Law Group are family law attorneys in Gilbert, Arizona who can help you tackle a range of family law questions. Whether you are getting divorced and have questions about parenting time and child support, or are divorced and have questions about relocation or making modifications to a parenting plan, the family law firm in Gilbert, Arizona at the Zachary Law Group can help. If you have a child and are unmarried, our firm can also assist you with the process of establishing paternity. Establishing paternity is an important step in protecting a father’s right to his child and also important when it comes to ensuring that the child will be financially supported by the father. The family lawyers at the Zachary Law Group in Gilbert, Arizona can also assist you if you are looking to adopt. Whatever your family law questions, reach out to the Zachary Law Group today.
Parenting Time and Child Support for Divorcing Couples in Gilbert, Arizona
If you are getting divorced, one of the most important concerns you and your ex will need to address involves parenting time. If you have children, the courts will require that you and your ex agree to a parenting plan for the children. If you and your ex cannot agree to a parenting plan, the courts may create one for you. It is generally in the parents’ and children’s best interest for parents to agree to a parenting plan outside of court. When parents take their child custody disagreements to the court setting, there is always the risk that the judge may make a decision that neither parent wants.
The design of your parenting plan will depend on your child’s age, the child’s attachment to each parent, the child and the parent’s schedules, how far apart the parents live from one another, transportation issues, and other concerns. In general, the courts want to see parenting plans that encourage contact between the child and both parents, show predictability and consistency, are flexible, and have provisions for changes in the plan, when needed. The Arizona Courts provide template parenting time schedules, to give you a better understanding of what a successful parenting plan should look like. The parenting plan should also consider the child’s unique needs at each stage of his or her development and offer room for flexibility and growth as the child moves between developmental stages.
There are certain occasions, however, where parenting time may be limited or supervised. If you have concerns that one parent may be unfit, either through illness or due to past instances of domestic violence, it is important that you speak to a family law firm in Gilbert, Arizona like the Zachary Law Group. Our firm can help you understand your rights and take steps to protect the safety and best interests of your children.
Child support is calculated based on the earnings of both parents. The courts want to see that children enjoy a standard of living that both parents can provide. However, there are cases where one parent may try to hide assets, undervalue assets, or otherwise fail to report their full earning capacity. If you have questions about child support, the family law firm at the Zachary Law Group in Gilbert, Arizona may be able to help.
It can be very difficult to change a parenting plan once one has been finalized by the courts. It is important that you get your parenting plan right the first time. Visit the Zachary Law Group, a family law attorney in Gilbert, Arizona today to learn more.
Modifications to Parenting Plans in Gilbert, Arizona
In order to make modifications or changes to a parenting plan, you’ll need to submit paperwork to the court. If both parents agree to the modification of the parenting plan, with proper documentation, a change can be made. However, if only one parent wants to make changes to the parenting plan, and the other parent is resistant, the parent who wants to make changes will have to prove to the court that there have been material changes in either parent’s circumstances that would require a modification. What are changes that the court will consider when making parenting plan modifications?
- There has been a change in circumstance that makes changes in parenting time necessary
- There has been domestic violence or abuse
- You believe that the environment the other parent provides could endanger your children’s physical, mental, or moral health
In cases of abuse or domestic violence, you should contact the police and other relevant authorities. If you believe your child is in immediate danger, it is important to take action as soon as possible. There are other circumstances where a modification of parenting time may be permitted. For example, if one parent needs to move further away for a job, then the parenting time schedule may need to be modified. Or, perhaps the child is older now and is planning to attend a school that is in a different location and this changes how parenting time must be arranged. Another instance might be one where the child’s activities and needs change how the parenting plan must be ordered. Another instance where the parenting plan can be changed is when one parent gets into a relationship with a person that the other parent believes may endanger the child or create an unsafe environment for the child.
There are many factors the courts may be willing to consider when parents ask for modifications to parenting plans. The key is that parents present strong evidence and show why their changes are needed for the best interests of the children. Modifications to parenting plans can be complicated and involved and the standard to make a change can be high. Speak to the family lawyers in Gilbert, Arizona at the Zachary Law Group today to learn more about your options and rights.
Establishing Paternity in Gilbert, Arizona: How a Family Lawyer Can Help
Paternity is the legal process by which a father asserts his legal right as the father of a child or the process by which a mother establishes who is the father of her child. There are several ways that paternity can be established in Arizona. If both parents agree about paternity, the parents can sign a Voluntary Acknowledgement of Paternity Form. However, if both parents do not agree to paternity, the mother or the father can bring forth a paternity case. The father may be required to take a paternity test to establish that he is the father of the child.
There are benefits to establishing paternity, such as ensuring that the child maintains a relationship with both parents and establishing child support orders so that the child is supported by the father. However, there can be drawbacks to establishing paternity. If the father is abusive, a drug user, or has a criminal record, establishing paternity can grant the father certain parental rights. The courts tend to favor that children enjoy a relationship with both parents, and if the father wants parenting time, the mother may then have to prove to the courts that the father could endanger the children, in these circumstances.
Paternity can be a complex or easy matter depending on your case. If you have questions about whether you should establish paternity, what the pros and cons are of seeking paternity, or other concerns, reach out to the Zachary Law Group, a family law lawyer in Gilbert, Arizona.