We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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How can I change my child custody orders in Arizona?
As Phoenix family law attorneys, we understand that situations and wishes change over time. If your Arizona child custody orders are no longer working for you or your child, and there has been a major change in your situation, then it's probably time to take a good look at your custody orders and see if a change is needed.
The courts in Arizona will look at any request to change custody in Arizona and decide if the change is in the child's best interests. If the child is being abused or neglected, emergency orders will be put in place to make sure the child is safe while long-term decisions are made. Otherwise, the judge will consider the desires of both the parents and child, how the change will affect the child, and many other factors to determine if a change is appropriate.
If you need help or information about changing child custody orders in Phoenix, contact one of our skilled and compassionate Phoenix child custody lawyers today at 1-888-929-5292. We can explain your rights and options and thoroughly answer any questions you may have about modifying child custody in Maricopa County. If you'd like to learn more, please also request your FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
When can a child be removed from the home in Arizona?
When CPS investigates your child's situation, it does not automatically mean that you will lose custody. A child removed from the home by CPS in Arizona must have been subject to certain dangerous situations. CPS has the authority to remove a child from the home only if they have probable cause to believe that:
- The child is being abused or neglected.
- The child will be abused or neglected.
- The child is injured due to dangerous drug manufacturing in your home.
- The child has a serious physical or emotional injury that requires medical assistance.
Additionally, a child could be removed from the home if CPS feels there is a risk of "imminent harm" to the child, and alternative measures have failed or will not protect the child.
Although emotions can run high any time children are involved, remember that the ultimate goal is to make sure your child is safe and living in a healthy environment. If you have any questions about child dependency in Arizona, or if you have been accused of child abuse or neglect, contact the compassionate Phoenix family law attorneys with Curry, Pearson & Wooten today at 1-888-929-5292. We have the knowledge, experience, and skills to ease your way through this difficult time. You may also want to take a look at our FREE book, Arizona Family Law – How to Handle Tough Issues in Tough Times.
As a grandparent, how can I go about getting visitation with my grandchildren after a Phoenix divorce?
Many people underestimate the positive impact grandparents and extended family can have on children. Unfortunately, it can be very difficult to maintain a strong relationship with your grandkids after a divorce, especially if your relationship with the parents seems to always be fraught with tension.
Thankfully, many states legally allow for grandparent visitation rights, and Arizona is one of them. The child must be a minor, and the court will need to determine that grandparent visitation is in the child's best interest. In order to obtain visitation rights as a grandparent in Phoenix, your situation will also need to meet one or more of the following requirements:
- One of the parents is deceased.
- One of the parents has been missing.
- The parents were unmarried when your grandchild was born.
- The divorce was final at least 3 months prior to your request.
Certain time limits and restrictions may apply, so it is in your best interest to contact a friendly and experienced Phoenix family law attorney with any questions or concerns. At Curry, Pearson & Wooten, we would be happy to discuss your situation in a free legal consultation, which you can schedule by calling 1-888-929-5292 today. We can walk you through each step of the process and make sure that everything you need is obtained, properly prepared, and delivered.
Additionally, we think you might find it helpful to read through our free book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
I've heard that Arizona is a "no-fault" state. What does that mean, and how does it apply to my own divorce in Scottsdale?
In Arizona, a "no-fault" divorce simply means that you don't have to prove that a spouse did something wrong in order to pursue a divorce. Instead, your divorce will probably be based on "irreconcilable differences" or the general breakdown of the marriage. An Arizona no-fault divorce may also apply if you have been separated from your spouse for 18 months or more.
In a no-fault divorce, decisions are made as though the reason for the divorce is irrelevant. It is important to note, however, that fault or wrongdoing may still be taken into consideration when decisions are made regarding spousal support or property division, especially if one spouse engaged in financial misconduct leading to the divorce. Fault could potentially impact other elements of the divorce, as well. For example, if you divorced your spouse because he or she was abusive, it could impact the court's decisions about parenting time and custody.
If you have any questions about no-fault divorce in Scottsdale, contact a friendly and experienced Scottsdale divorce attorney with Curry, Pearson & Wooten at 1-888-929-5292. You may also find it helpful to look over our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times. We look forward to speaking with you.
I am getting divorced in Scottsdale. How can I prepare financially?
It can be tough to sort out your finances during and after a Scottsdale divorce. Here are a few tips from your experienced Scottsdale divorce lawyers:
- If you use a joint bank account, set up an individual account instead. You may also want to cancel or freeze any credit cards held jointly.
- Start building an emergency fund now. Divorce finances can be unpredictable; make sure you have a little stashed back in case something unexpected pops up.
- Avoid making a lot of large purchases or accruing additional debt. Although some expenses are unavoidable, try to hold off on purchasing high-cost items that could add to community debt.
- Consider your job. Will you need to change your hours or change your employment entirely? Start thinking about your employment needs now, dust off your resume, and put out a few feelers.
Although divorce may seem overwhelming, taking a few small steps to prepare can help you feel more in control and save you trouble later on. If you are planning to pursue a divorce in Phoenix, contact a skilled Phoenix family law attorney today at 1-888-929-5292 to schedule a completely free, no-pressure consultation. We would also be happy to send you a FREE copy of our helpful book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What happens if my spouse refuses to attend the required parent education classes during our divorce in Scottsdale?
If your spouse has refused to attend the required parent education classes for your Scottsdale divorce, the court cannot grant his or her requests. The only exception is if the court has already waived the need for the parent education classes, and that is very rare.
For example, if you are the spouse who is seeking divorce, you must attend the class before you can obtain the divorce decree. Since you requested the divorce, if the other parent does not attend, the divorce may still be granted. If the other parent later wants to modify orders or make other changes, though, he or she will first have to attend an Arizona parent education class.
Additionally, your spouse could be held in contempt of court or experience other consequences for refusing to attend the parent education class during your Arizona divorce.
If you have any questions about Scottsdale child custody, divorce, or other issues, talk to a friendly and experienced Phoenix family law attorney today at 1-888-929-5292. We also encourage you to take a look at our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
My ex won't let me see my kids. Do I have to keep making child support payments in Scottsdale?
Despite the child support and custody agreements made during a Scottsdale divorce, some ex-spouses either refuse to follow the rules or let it "slip" over time. In Arizona, you must still make child support payments if your visitation is restricted or refused, even if this restriction violates the visitation agreement.
In a Scottsdale divorce, visitation issues are handled separately from child support payments. In fact, if you stop making child support payments in Arizona, you could end up in a lot of trouble. Don't make things worse. Contact an experienced Scottsdale divorce lawyer to pursue enforcement of the visitation agreement, instead.
As Phoenix family law attorneys, we see these kinds of cases almost every day. We want to help you make the best choices, avoid pitfalls, and figure out a visitation agreement that really works in practice. Give us a call today at 1-888-929-5292 to schedule a completely free, no-obligation consultation with a skilled Scottsdale divorce lawyer. We look forward to speaking with you!
If you'd like to know more about your rights and how a Phoenix divorce lawyer can help, request a FREE copy of our helpful book, Arizona Family Law: What You Must Know.
After a Scottsdale divorce, will I be able to go back to using my maiden name?
After an Arizona divorce, many women choose to change their names back to the ones they used before they got married. This is a common thing to do, and you generally won't encounter any problems when doing it.
In fact, the Arizona Revised Statutes, section 25-325, specifically explains that:
On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored.
So, if you'd like to go back to legally using your maiden name, you will need to submit a request to the court. You can do this at any time before the divorce is final. Most people choose to do this early on in the Scottsdale divorce process, usually along with the very first papers submitted to the court.
If you have any questions, big or small, about divorce in Arizona, contact one of our friendly and experienced Scottsdale divorce lawyers today at 1-888-929-5292. To learn more about us and what we do, you can request a completely FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
Who needs to give consent in a Phoenix adoption?
Whether you are pursuing a Phoenix relative adoption or an Arizona adoption through an agency, certain parties must give consent before the adoption can proceed. While you should consult a Phoenix family law attorney for specific answers before pursuing an adoption, you should expect that you will need consent from the following individuals:
- The birth mother: Unless the court has otherwise terminated parental rights, the birth mother must consent to the adoption.
- The birth father: If the birth father was married to the birth mother, adopted the child, or otherwise established paternity, then he must give consent to the adoption.
- The child: If the child is over 12 years of age, then he or she also must consent to the adoption.
- A legal guardian: If the court has terminated parental rights, then consent must be given by the child's legal guardian.
Deciding to pursue an Arizona adoption is sometimes difficult, but many adoptive parents will agree that a successful adoption is worth the struggle. Let us help you when you decide to add to your family.
We are successful and experienced Phoenix adoption attorneys who can help answer your questions, prepare your documentation, and fight for your rights during Phoenix adoption proceedings. You can schedule a completely FREE consultation with us at 1-888-929-5292, and we also would like to offer you a FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What information will my Arizona Child Protective Services case manager need in order to care for my child during the child dependency process?
Child Protective Services (CPS) will need a lot of information from you in order to make sure that your child is properly cared for while outside your home. You will need to be prepared to provide:
- Birth certificate
- Immunization records and medical history
- Social Security card
- Any special needs or specific likes or dislikes
- Your preferences for care, such as a special diet or church attendance
- All contact information, Social Security numbers, and birth dates for both parents
- Contact information for relatives of the child or other significant people
- Information about your income
- The child's behavioral and school history
- Medical insurance information
Child dependency in Arizona can be very emotional and complicated. We are experienced Phoenix child dependency lawyers who can help answer your questions and explain what you need to do to get your child back in the home. Give us a call at 1-888-929-5292 today to schedule a completely FREE legal consultation, and also request our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times.