Phoenix Arizona Order Establishing Custody, Support, and Visitation

State:
Arizona
City:
Phoenix
Control #:
AZ-DR-4A-PAT
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order Establishing Custody, Support, and Visitation, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

A Phoenix Arizona Order Establishing Custody, Support, and Visitation is a legal document issued by a family court that outlines the rights and responsibilities of parents or legal guardians regarding child custody, child support, and visitation rights in Phoenix, Arizona. This order is applicable in cases involving divorce, separation, or situations where the parents are not living together. It is designed to ensure the best interests of the child are protected and that an appropriate and fair arrangement is established for their care, financial support, and visitation. The order typically covers several key aspects, including: 1. Custody: It establishes who will have legal and physical custody of the child. Legal custody refers to the right to make important decisions regarding the child's education, healthcare, religion, and general welfare. Physical custody determines where the child will live and establishes the visitation schedule for the noncustodial parent. 2. Support: The order specifies the amount of child support that the noncustodial parent is legally obligated to pay to the custodial parent. This amount is calculated based on the Arizona Child Support Guidelines, taking into account factors such as the income of both parents, the number of children, and any special circumstances or needs. 3. Visitation: The order outlines a visitation schedule that allows the noncustodial parent to spend time with the child. It may include arrangements for weekdays, weekends, holidays, vacations, and special occasions. The schedule is created to promote stability and consistency for the child while also considering the availability and involvement of each parent. Different types of Phoenix Arizona Orders Establishing Custody, Support, and Visitation can vary based on the specific circumstances and the needs of the child and parents involved. Some common variations include: 1. Sole custody: In this type of order, one parent is granted sole legal and physical custody of the child, with the other parent being granted visitation rights. 2. Joint custody: This order grants both parents equal legal rights and responsibilities for major decisions regarding the child, and the child may divide their time between both parents' homes. Joint physical custody can be established if it is in the best interests of the child. 3. Parenting time modification: If circumstances change, such as a parent's work schedule or relocation, a modification to the visitation schedule may be requested. The court examines whether the modification serves the best interests of the child before approving any changes. 4. Temporary orders: In cases where immediate decisions regarding custody, support, and visitation are needed, such as during divorces or separations, temporary orders may be issued to provide temporary arrangements until a final order is established. It is important to note that each order is unique to the specific situation and the family involved. They are established to create a stable and supportive environment for the child's growth and well-being while ensuring the rights and responsibilities of both parents. In case of any disputes or violations of the order, legal remedies can be sought through the family court system.

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FAQ

In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.

Unmarried fathers in Arizona have a much more difficult process to navigate in order to obtain custody of their child or children. Since legal guardianship is automatically granted to the biological mother, the father must legally establish his custodial duties to be granted custody by the courts.

Arizona law makes the assumption that when both parents bring up the child, they do so in the child's best interest. The law no longer favors mother or father concerning custody, provided that any arrangement is made for the child's welfare.

No, courts do not favor mothers in child custody cases in Arizona. Arizona Revised Statute Section 403.02(B) provides that ?the court shall not prefer a parent's proposed parenting plan because of the parent's or child's gender.

Arizona judges must consider several factors when determining custody, including each of the following: the past, present, and potential future relationship between each parent and the child. each child's relationship with his or her parents, siblings, and anyone else who may affect the child's best interest.

Therapeutic Supervision of Visitation The cost of therapeutic visitation is $90 per hour. Please complete and return the designated forms in this packet if you are selecting Therapeutic Visitation or Reunification Services.

Neglecting the welfare of a child can give reason enough to the state to remove a child from the parents' custody. Not giving a child the sufficient care due to ?inability or unwillingness? can cause serious physical and emotional problems in their lifetime.

A father has the right to seek majority parenting time, equal time, or less time than the other parent enjoys. Parenting time ensures he has substantial, frequent, meaningful and continuing contact with his child. Dad has the right to parenting time, even if the other parent has sole legal decision-making.

If you jointly share custody with your child's other parent on an equal basis, the court will take that into account when it is determining child support. If you and your child's other parent spend equal amounts of time with your child and have equal incomes, the court may choose to not order any child support.

In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.

More info

When considering modifying a current Parenting Time Order you must first and foremost consider what is in the best interests of your child. Looking to gain sole custody in Arizona?Parenting Time and Child Support. Establishing paternity must always happen before child custody and child support proceedings when the parents are unmarried. It's common for both parents to have a different opinion on what custody and visitation arrangement is in the child's best interest. The first step in dealing with child custody issues is the first time child custody orders are established in a divorce, legal separation or paternity case. Kellie assists clients in the Phoenix and Mesa locations. Kellie assists clients in the Phoenix and Mesa locations. Family law attorney Mitchell Reichman discusses what you need to know about Arizona Child Support guidelines. Enforcing a Child Custody and Visitation Order.

Enforcing a support or custody order is a difficult task for both parents. Many times the parents have different opinions on what the best custody arrangements are. There are very few cases where both parents agree upon child custody or visitation. If you're looking to obtain sole custody of your child or both parents are seeking visitation from you, the process can seem daunting. However, the child custody division's court can help you navigate your way through the process. The child custody division can also assist in establishing support and paternity as the case is in the process of being established. The Child Custody Division will help you create or amend a child custody and visitation order as the case involves the division.

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Phoenix Arizona Order Establishing Custody, Support, and Visitation