Category: Co-Parenting

27Nov
Grandparents: Custody and Visitation Rights

Posted by boystermarketing | Posted in Child Custody Law, Co-Parenting, Divorce Law

According to Arizona State law, grandparents and great-grandparents of minor children may petition the courts to be given visitation rights or custody privileges if they believe it is in the best interest of the child. However, there are many conditions that must be met for a court to grant such privileges to a non-legal parent. Many unique circumstances may require a grandparent to be responsible for the caretaking of a child, and at Crider Law we will work with you to ensure that your family’s childcare needs are met.

Visitation

Some parents may try to keep their children from seeing their ex-spouse’s family after a divorce. For grandparents, this can be difficult, especially if they believe the parents are not equipped to take adequate care of the children. To grant grandparents visitation rights, even those with in loco parentis relationships (meaning that the child and the non-parent have formed a meaningful parent-child relationship over a period of time), the courts must see evidence that:

The parents’ marriage has been dissolved for at least 3 months, or
One or both parents is deceased or has been missing, as reported to law enforcement, for at least 3 months, or
The child was born outside of wedlock and the parents are not married at the time the petition is made

The courts will consider the following factors when determining whether grandparent visitation is necessary and beneficial to the child.

The historical relationship, if any, between the child and the person seeking visitation.
The motivation of the requesting party seeking visitation.
The motivation of the person objecting to visitation.
The quantity of visitation time requested and the potential adverse impact that visitation will have on the child’s customary activities.
If one or both of the child’s parents are deceased, the benefit in maintaining an extended family relationship.

Guardianship & Custody

In Arizona, parents can also choose to relinquish their rights of guardianship to a grandparent or other non-parent, but both parents must give their written consent by submitting a petition for “Consent Guardianship”. In the event that a grandparent or other nonparent wishes to petition for sole or joint custody, the following conditions must be met.

The person filing the petition must have an in loco parentis relationship with the child, and
There must be substantial evidence that it would be “significantly detrimental” to the child to be placed in the custody of either of the child’s living legal parents (whether adoptive or birth) that wish to retain custody, and
The courts have not approved a different custody agreement for the child in question in the year prior to receiving the new custody petition. This rule is exempt if there is reason to believe that the child’s present circumstances are severely dangerous to their physical, mental, moral, or emotional health.

The courts stand on the “rebuttable presumption” that granting custody to the legal parents is in the best interest of the child due to the evidence that the physical, psychological, and emotional needs of the child can be best met by their legal parents. However, in any case where substantial evidence is given to show that a non-parent is found better suited to provide physical, psychological, and emotional stability to a child, the courts may allow grandparents and other non-parents to obtain custody rights and visitation privileges.

To find out how these petitions can affect the future of your family, call Crider Law today to set up a consultation.

25Nov
“A Child’s Best Interest”: Key Factors to Child Custody

Posted by boystermarketing | Posted in Affects of Divorce, Child Custody Law, Co-Parenting, Divorce Law

When it comes to determining child custody and parenting time rights in the midst of a divorce, you’ve undoubtedly read the words “in the best interest of the child” countless times. But what does that really mean? Since every family dynamic is unique, you may be wondering how a judge can really determine what is best for YOUR child. You do not have to completely relinquish this life-changing custody decision to a third-party judge however if you are able to first negotiate with your ex-spouse, through assisted mediation or otherwise. While a judge still has power to make the final decision, they will take into account any agreement you and your spouse have come to. In addition to your input, there are many other factors that judges use to determine a custody solution. It is important to be aware of these key factors so you have a say in what best suits the needs of your family.

Custody Options

On matters of custody, courts rarely take an “all or nothing” approach. In the occasional case where one parent is granted sole custody, the child will reside with them permanently and this parent will be responsible for making all legal decisions on behalf of the minor child. More often however, a judge orders a joint custody arrangement. If a judge rules that “joint legal custody” is best, both parents will be responsible for making important legal decisions for the child together. “Joint physical custody” means that the child will have one primary place of residence and a parenting time plan will be drafted to ensure the other parent gets their fair share of time with the child. A combination of these parenting plans may be ordered as part of the divorce settlement.

Key Factors

To determine the best parenting and custody plan, a judge will look at factors like:

The physical, mental, and financial capacity of both parents to provide for the child
The stability of each parent’s home environment
Geographical location and proximity of parent’s homes to each other and to the child’s place of education
Any parental history of drug and alcohol abuse or domestic violence
The age and number of children involved
The relationship between the child and each parent
The child’s preference may be considered if the child is old enough (usually at least age 12)
Any special needs of the child

Use Caution

Another important component judges will look at is the apparent willingness of both parents to support their child having a relationship with the other parent. If you have an especially vindictive spouse, they may try and use your words and actions against you to make you seem unfit to parent, limiting your custody and parenting time privileges. Though it may be difficult, be very careful what you say about your ex out loud and in writing during the divorce proceedings.

You will often have to compromise with your spouse on issues concerning custody, but your children are absolutely worth fighting for. Brad Crider is an experienced family law attorney in Arizona who is dedicated to fighting for your rights to time with your children. For further information on specific custody questions or to set up your initial consultation, call the Crider Law Offices today.

23Nov
Modify Your Custody Arrangement: How Your Attorney Can Help!

Posted by boystermarketing | Posted in Co-Parenting, Divorce Law

Whether it is six months or many years after the divorce is said and done, you may find that it’s time to modify your custody arrangement. Reopening discussion with your spouse on the issue of custody and parenting time can be difficult as it often means making another major alteration in your life, your spouse’s life, and the lives of your children. Hiring an attorney to facilitate mediation and handle the details will not only allow you to spend more time with your children during the transition, but will also benefit your and your child’s health and safety.

In order to request a new or modified custody arrangement, a change must have taken place that will significantly impact your child. When evidence of a “changed circumstance that is substantial and continuing…” (A.R.S 25-503(E) is presented to a judge, he/she will determine if a new parenting agreement is in the best interest of the child. Some examples of circumstances that warrant such a change include:

Significant increase/decrease in income
Adopting or giving birth to another child
Onset of a medical disability
Ongoing domestic violence

It is better to consider a legal change in custody as a last resort rather than your initial solution to any familial discord. This is because the frequent arguments, court hearings, constant changes, and the high levels of stress that accompany such turmoil in the home can be very harmful to a child who is developing into a young adult. Your attorney can help you work out familial discord by mediating parental discussions on changes that need to be made in the parenting agreement. Brad Crider is an experienced family law attorney who is well versed in child custody and domestic relations laws in Arizona. His expertise will not only help you solve problems, but also ensure legal changes are made quickly to keep your child protected from harm or obstacles that may come as a result of your changing circumstances.

If your child is a victim of abuse or domestic violence, you can file a “Petition for Temporary Modification of Custody without Notice” to remove your child from the dangerous environment immediately. Once your child is safe, your attorney can help you through the necessary process to permanently change the custody arrangement.

To better determine if your circumstances warrant a change in your custody order, consult the Crider Law Firm before filing any paperwork. This will save you time, money, and unnecessary stress. To set up a consultation with Brad Crider discussing divorce, division of assets, or child custody arrangements, call the Crider Law Firm today.

27Oct
Preparing to Co-Parent: Communication is Key

Posted by Crider Law | Posted in Child Custody Law, Co-Parenting

In a divorce where children are involved, additional challenges arise as you and your ex-spouse figure out how to co-parent effectively. Most judges in a court of law will determine that joint custody is in the best interest of the child(ren) unless one parent has proven to be dangerous to or unable to provide for the child. Children generally benefit from both parents being a part of their life, but it is your responsibility as the parents to enable your children to have a good relationship with their mother and father.

Communication

The key to co-parenting is effective communication. You will want to communicate with your ex only as often as is necessary to convey important information about your child. You do not have to be friends with your ex, but you should treat them with respect, especially in front of your children. Some suggestions for effective co-parenting communication include:

Keep the conversation focused on your child and their needs.
Do not needlessly drudge up the past – focus on the present problem or circumstance.
Do not make assumptions or use language that accuses. Keep a level head.
Communicate with them the way you want them to communicate with you, even if they do not initially reciprocate.
Be courteous, business-like, and cooperative.

Can I Text My Ex?

Some parents aren’t sure which medium to use to communicate to ensure they are not crossing boundaries. It often depends on the relationship between the parents, but most often, the best form of communication is through e-mail. E-mails allow parents to correspond directly while keeping a record of what was said and agreed upon. E-mails are nonintrusive and can be checked at the leisure of the recipient, but it is important that both parents agree to respond in a timely manner.

Texting can be useful to communicate quick, important information (such as notifying the other parent that you are on your way to pick up your child), but texting can also present problems. Due to technology failures or a dead phone battery, texts may not go through, may not be read, may be delivered late, etc. Texts are also not a reliable record of exchanged information.

Phone calls may be appropriate at times when information is needed quickly, so long as both parents are able to communicate over the phone without conflict.

Communicating to Your Kids

An equally important aspect of co-parenting is the way you talk to your kids about the other parent. As mentioned earlier, it is in the best interest of the child to develop a healthy relationship with both parents. This will be difficult if one or both parents are constantly degrading and talking ill of the other parent. Do your best to keep your child out of the middle of your relationship struggle.

If your inability to communicate with your ex is affecting your children, seek the guidance of your attorney for resources that can help you in preparing to co-parent.