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Custody Questions For Attorney

gt;gt; RYAN: Today, we’re with Judd Nemiro. Juddis a divorce attorney in Phoenix, Arizona. If you’re in the process of getting a divorceor are considering it, and have a number of questions, this tutorial might be pretty beneficialto you. In addition to the tutorial itself, he’s agreed to answer your questions, directly.All you have to do is go down to the Comment section, below, post them, and typically within48 hours Judd can get back to you with an answer on that. If you have a pressing concern,you can reach out to him, directly. His contact information is in the information below thistutorial. With that said, Judd, let’s go to our first question that was posed to you. Thefirst one: years ago I agreed to joint custody

of my children. I would like full custody,now. Is that even possible? gt;gt; JUDD: Yeah, thanks Ryan. Some preliminarythinking, in Arizona, we no longer use the word custody, legally. A lot of people thatcome to see me, potential clients, are still using the word custody, but I try to, forclarification purposes, let them know as of 2013 they now call it legal decision making.We no longer use the word custody. We also use the term parenting time. The last issue,when you are speaking about children and divorce law, is child support. When they have jointcustody in the past, prior to 2013, that means join legal decision making, now. The questionis they would like full custody, now. I hear

people mention that, a lot. Typically, whatthey mean is that they want sole legal decision making or they want more parenting time. Ithink we need to define both of those in order to answer this question. First of all, parentingtime is how many days you will see your child in a given year. There are 365 days in a year,so if you’re seeing them 182.5 days, you have what is called equal parenting time. You canhave different schedules like week on, week off, in order to exercise that equal parentingtime on a week to week basis. Legal decision making, formally known as custody, is reallythe ability to make educational, medical, and religious decisions for your childrenor to raise the children as you see fit. When

people say full custody, they usually meanthat they want most of the parenting time and sole legal decision making. Arizona, alongwith changing the language used to describe custody or legal decision making, in 2013,also made it harder to get sole legal decision making. Typically, what I tell people is solelegal decision making is really reserved for if one of the parents is a child molester,abuser, or neglecter, if there has been a lot of domestic violence in the relationshipbetween the parents or to one of the children, drugs and alcohol abuse, felonies, misdemeanors,or sexual offenders, and things like that. If none of those are present, it will be difficultto get sole legal decision making or full

custody from the courts. Arizona wants todo equal parenting time and joint legal decision making because the public policy is seeingboth parents an equal amount of time and both parents being involved is what’s best forthe kids. gt;gt; RYAN: Alright. Next question we had wasis it possible to get alimony if I make more money than my husband? gt;gt; JUDD: That’s a good question and there’sa lot of spouse 00:03:53.00 questions I get. We call them, in Arizona, spousal maintenance.A lot of other states call it alimony but it means the same thing. It is a monthly payment,after the divorce, to your spouse for a period

of time. Each state, I think, is quite different.In Arizona, it is one of the most difficult things in divorce law to predict. When peopleask me how much they can get it is very difficult to predict. They even have a story that goesaround Maricopa County that they had an education seminar with 10 family judges. They askedthem the same question and they came up with 10 different answers for the numbers on spousalmaintenance. It’s difficult to say. The question is if I make more money than my husband canI get alimony? Typically, if you’re making more money than your husband, it is goingto be difficult to get spousal maintenance. Spousal maintenance is on a need basis. Ifyou’re making more than your husband, then

Obtaining Child Custody Questions from Family Law Attorney Wail Sarieh

The answer is NO. You don’t need to file a divorce, you don’t need to file legalseparation and you dont need to file even a paternity action. If the goal is just to obtain child custody, visitation or child support orders from the court, you can simply file the petition for custody and support of a minor would be the form called

FL260. And that’s how you obtain custody and support orders withoutfiling any other actions. For more information visit us at SariehLaw .

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