Gtgt Ryan We are with Judd Nemiro. Judd is a Divorce Attorney in Phoenix, Arizona. Today, he’s going to some answer some questions related to father’s rights. With that said, Judd, we’re just going to go in to the first question that was asked. I am about to go through a divorce. I have two children. What can I do ahead of time to ensure I receive at least partial custody gtgt Judd Thanks Ryan. This is a question I receive a lot from some of the men I represent. Just a quick note in Arizona, they use a term Legal Decision Making for custody and I.
Will only use that term here as well as custody. That basically means the ability to make religious, medical, and educational decisions for your children. I think this question is also talking about some parenting time, which is amount of time you could spend with your kids. Now, when you have two children, it’s going to depend on their ages, given how much time you will typically get as a father. If you currently are living with your children and you have some time, you are almost guaranteed to get at least partial custody or partial.
Parenting time on the decisionmaking. Most likely, you will receive joint legal decisionmaking. The only things that can keep you from receiving partial custody or if you have what we call fitness problems, and that is history of one of these, or current issues about one of these following things Child abuse, neglect, molestation, felony, misdemeanors, drug or alcohol abuse and domestic violence issues. If none of those is present, a father that has been consistently in the childrens life going through divorce can expect to at least receive partial custody.
Phoenix Divorce Lawyer Answers Questions on Fathers Rights
And what I find is that, in that situation, most of the time the minimum amount of parenting time a father will receive would be every other weekend and then one night per week. But typically, if a father has been involved in the childrens life, he is going to receive equal parenting time. That’s also going to be dependent on the age of the children. If the children are very young, typically the judges are not going to give the father equal parenting time. They prefer to have the children spend more time with the mother. As they get.
Older, the father should be able to get equal parenting time splitting the week or month equally with the other parent. So if there’s something you can do to make sure that you receive at least partial custody, it’s start avoiding trouble with the law. If you are using drugs or alcohol then you need to stop that immediately. Do not engage in any type of violence with the other party. You need to make sure that you are considering any evidence that could be used against you by your wife that she may try to use to show.
To your child and try to paint you as being the bad father. gtgt Ryan Okay. All right. The next question was, will my income level affect access to my children gtgt Judd That is an interesting question. Generally, income level is only related to child support. I think the only time your income level would affect access to children is if, for example, you are not leaving in the same area. Most of my clients are in Phoenix, so if I have a client that lives out of state. Then, what are my travel costs The client.
Simply cannot afford to travel from other state, fly with the children or make trips on a regular basis into Phoenix to see the children, then that is going to affect the amount of time they can see their children. But just making more or less money is not going to affect any sort of parenting time orders or legal decision making custody orders. It’s not supposed to factor in but of course if you have more money, you can hire a more expensive lawyer. And you will typically get better results with that and there are some.
Not directly related things but secondary related type of issues. gtgt Ryan All right. Next question we have, I have a custody agreement with my exwife, which I would like to change. Is this possible gtgt Judd The way it works in Arizona is that you can modify custody, parenting time or the legal decision making only after one year from the previous order. The court wants to prevent people from going back immediately after getting an order if they don’t like it. So you can modify one year after the last one has been made. In order to do that, you.
Need to show the court that there’s been a substantial continuing change on the minor child’s life and how you define that is really up to you. The judge is going to define that based on their discretion has it been a substantial continuing change. Typically, a substantial continued change is if the child is now at school so logistically the parents old plan does not work or one of the parents has moved so there is a need for a change. I often see that one of the parents is now in prison or one of the parents is now in relapse and.
They are addicted to drugs or they are an alcoholic. Those are typical substantial continuing change I see that make me want to go back and modify custody in her case. It’s definitely available. There’s also some exception that when you are applying and there are these if the child is currently in physical danger, you can request an emergency modification of the custody or parenting plan arrangement. One of the parents has not been following that parenting plan very well, after six months, then you can request the court to modify,.
Besides that, you have to wait for a year. gtgt Ryan Okay. All right. And the final question we had was, I was notified by an exgirlfriend that I might be the father of a sixyearold boy. She has asked me to take a paternity test. What are my options gtgt Judd Good question. If a mother, for example, I see lots of situations where the mother and the father had a very short relationship or are not in a relationship at all but they did have a kid out of their action. The mother has not attempted to collect child support.
And the father has been out of the child’s life for six years. He didn’t realize he had a child or he realized he had but he had questions about paternity, if he’s actually the father. This is a situation I see very often. Basically, a mother, all she needs to do, and this typically happens because they requested assistance from the department of economic services for child support. Before someone can be in the hook for child support, the department needs to prove that they are the father but any other situation a mother can go and file something.
In the court and have the father serve if she thinks that he is the father. Now, in both of those situations that I mentioned, father has the right to receive the genetic test. For my clients, I always recommend that they get a genetic test because they do not want to be on the hook for child support for 18 years if they are not the father. They also don’t want to establish relationship with the child and investing a lot of time and effort with the child that was not biologically theirs. So those are the options that they.
Have, they do have to respond to 000811.26 but they definitely want to take a genetic test to ensure that it is absolutely their child. I guess with this question, it is pretty clear. It suggest that the father have no idea that there’s a 6year old boy out there that maybe his 000830.00 gtgt Ryan All right. Well, Judd thanks for your time. If you have any additional questions for Judd, you can actually post questions under the YouTube comment section. He’s agreed to come back to you with answers directly online. With your questions are more private.
In nature or quite personal or if you do not want to post them you can also reach out to him directly. Thanks for your time Judd. gtgt Judd Thanks Ryan. If anyone has any questions about the things I have mentioned here about family law in Arizona. You can give my office a call. It can be seen on the screen, it is 6022375323. You can email me and add me at adminnemiroblog and you can also walk in to our office. The are many ways to contact us if you have any questions.