Physical Custody - Regular parenting time schedule

Physical custody and parenting time (previously called visitation) are what most people think of when they think of children and divorce. It is here that we discuss who the children live with and when. It is here that holidays and vacations are discussed. This is where you as the parents establish a schedule for access to the children.

Before discussing what you need to figure out, let me remind you that this schedule should reflect the best interests of your children. This isn't about you and your needs. You should consider what gives your children the most stability, continuity and security. As I said, this isn't about you and your needs.

You must establish a regular parenting time schedule, holiday parenting time schedule and vacation parenting time schedule.

Regular parenting time: There are two options for a regular parenting time schedule.

Option #1: One parent has primary physical custody and the other sees the children according to a parenting time schedule . The children live with the primary physical parent for more than 50% of the time. This is how you end up with something along the lines of every other weekend and one night per week to the non-custodial parent. In truth, the parenting time schedule established for the non-custodial parent can be anything  that works for both parents and the children. It is often developed to accommodate the work schedules of the parents and sometimes the school activity schedules of the children.

Option #2: Each parent has equal parenting time, which is exactly as it sounds. Each parent literally has the children 50% of the time. There are several different ways to divide up the available time equally. One is to have the children live with each parent for one week at a time, exchanging the children on a particular day at a particular time each week. Another is to assign one parent Monday and Tuesday of each week, the other Wednesday and Thursday and have them alternate the weekends from Friday to Sunday. This is called a 5/2, 2/5 schedule. (If you think this is confusing for you to understand consider how confusing it may be for your children to remember.) Consider your children carefully when contemplating an equal parenting time schedule. How well would your children do going a week without seeing either parent or bouncing back and forth every couple of days?


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Legal Custody

There are two types of custody that are discussed when a child is involved in a divorce: legal custody and physical custody.

Legal custody addresses who will make major decisions for your child. Major decisions include education, major medical and healthcare decisions and religion. Major decisions do not include haircuts, play dates, extracurricular activities and other day to day activities and scheduling for your child. These are handled by whichever parent has the child on a particular day. There are two options for legal custody: joint legal custody or sole legal custody.

Joint custody: If you have joint legal custody you and the other parent of your child have to agree on decisions in the above categories. If you cannot agree then you will need to attend mediation and possibly have a hearing in court to have the decision made for you, based on the court's determination of what is in your child's best interest.

Sole custody: If you have sole legal custody then you alone make the child's decisions regarding education, healthcare and religion. You will likely have to advise the other parent about the decision being made but the decision is yours to make. This isn't an unquestioned authority however. If the other parent feels that your decision is contrary to your child's best interests he/she may file a motion with the court and ask the court to stop you from executing your decision.

When considering what type of legal custody arrangement is best for your family I always advise my clients to think back over the course of the relationship and decide whether in all your fighting and arguments was there disagreement about the schools your child should attend, about how your child should be treated medically when ill or about what religion, if any, your child should have in his/her life. Many people find that although they can no longer get along in a marriage or relationship they do not differ philosophically on these fundamental issues for their child.

This is an important thing to really contemplate before you go forward in a divorce because it will shape the path of your divorce. Usually, when there is a dispute about legal custody the contention and discord in a divorce are exponentially higher. The divorce usually takes longer and costs more. In most situations, joint legal custody is an option that will work, even if the parents fight incessantly about seeing and sharing their child. This is not to say that there are not times when sole custody is truly in the best interests of the child. I just advise you to think long and hard before you attempt to seek sole custody. Legal custody has such a limited scope and impact on parenting your child that your battles may be better fought in physical custody and parenting time, which I will discuss tomorrow.

And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

How do I know what we have?

Before you can divide the property and debts you have to know what you have. This is one of the biggest questions and possible problems when it comes to property and debt division, especially if you weren't involved in paying the bills and managing your assets.

Rule 49 of the Arizona Rules of Family Law Procedure requires each party to a divorce to exchange specific financial and income information within 40 days after filing a response to a petition for dissolution of marriage. You each are supposed to give the other copies of bank statements, real property information, debt statements, pay stubs, tax returns and the like. The following link takes you to all of the family law rules. You need to be acquainted with these as well as the statutes. www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf

However, it is my advice not to rely exclusively on what your spouse provides you, especially if you are the spouse with less information. You need to do your own research and investigation. If you are thinking of getting divorced but you don't know what you own and worry that you may not get complete information from your spouse, you need to gather and collect as much as you can before you start the divorce.

A form called an Inventory of Property Debts will help you to know what you need to look for. www.azcourts.gov/Portals/34/Forms/.../Form12-Jan09.doc Print off this form to see fully what information you need to try and gather.

When doing your research do not hesitate to call institutions, photocopy documents from your filing cabinet, print off documents from your computer, copy computer files (like Quicken or QuickBooks) to a thumb drive and do whatever else you need to do make yourself copies of proof of the information you are collecting. This includes bank statements, deeds to properties, credit card and other debt statements, life insurance policies, car titles, tax returns etc.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

What property do I have to split with my spouse?

Arizona is known as Community Property state. A community starts on the day of marriage. The community ends on the day a petition for dissolution of marriage is served on an individual. Community property and debts are those properties and debts acquired during the marriage, with the following exceptions:

1. Any property or debt you bring into the marriage/community are your separate property and debt.
2. Any property you inherit or receive as a gift during the existence of your community is your separate property.
3. Any property or debt you obtain after a petition for dissolution of marriage is served is your separate property.

This includes but is not limited to income, bank accounts, retirement accounts, life insurance, houses, vehicles, credit card debts, promissory notes etc.

The law requires an equitable, not equal, division of the community assets and debts. However, when considering who gets what it may not be as straightforward as you think. Assets can be part community property and part separate property. Assets that were once separate may now be community. If you are worried about how technical or complicated this sounds, you have reason to be. Asset and debt division can be tricky business. This is where a lawyer can help. Consult with one if you have questions.

You should also know that you have a lot of leeway in how you and your spouse divide your assets and debts. You don't have to worry about a to-the-penny division of everything. If you and your spouse agree on a division that you both believe to be fair and equitable it is ok.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Before you file

Before you file for divorce you should know what a divorce entails. You should know what you'll need to know, what decisions you'll need to make, what you'll need to ask and what you're about to get yourself into.

As my first boss used to tell potential clients, a divorce can be broken down into four parts:

1. Division of property
2. Custody and parenting time
3. Child Support
4. Spousal maintenance or alimony

Your first step is to figure out which of these components applies to your individual situation and which do not. This is where a consultation with a lawyer would be beneficial. Breaking a divorce down into these four simple components often helps to feel less overwhelmed with the process. When you start to feel overwhelmed and maybe even lost bring your focus back to these four items. You can then focus on a small piece of the divorce puzzle rather than the whole thing.

In the next four posts, I will discuss each one of the above components in turn to help give more insight into what these things mean and what you need to consider.

And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Where to start...

Divorce, custody, parenting time, visitation, child support, alimony, spousal maintenance, paternity. These are all words we hear regularly but when they become a reality in your life they may suddenly seem like a foreign language. Divorce or ending a relationship with a long time companion is an emotional and often traumatic experience. The emotions are sometime so overpowering that it is hard to focus on and understand the realities and legalities.

The obvious first question is, "What do I do first?" There are many possible answers to that question, depending on your situation. Over the coming days and weeks, I will answer this and other questions that are often posed to me by individuals in your situation.

While you may find helpful insights or bits of information in this blog as it progresses,keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.