Your life. Your family.
Regardless of your reason for contacting us, we are motivated to keep your life out of court and in your own hands. We are determined, compassionate and focused on representing your highest goals for your life, your family, and your legal case. Serving Phoenix, Scottsdale and other Arizona valley locations.
Family law is a complex legal area requiring measured and detailed strategy and execution, and the courtroom is ultimately where many significant and life changing decisions are made. Our dedicated Scottsdale divorce lawyers will ensure thorough preparation for every public hearing appearance all the way through trial. Your divorce lawyer, like you, will know the facts, the law and position you to achieve the highest degree of success the law allows.
Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Delay may result in limiting your options.Every situation is unique and our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation.
Our attorneys are experienced in helping fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona. Indeed, recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce. The family law attorneys at Canterbury Law Group in Scottsdale have significant expertise in father’s rights issues and can capably guide you.
An integral component of any divorce with children is a court enforceable joint parenting plan. Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.Moreover, Phoenix and Scottsdale, Arizona divorce court judges are commanded by statute to maximize the amount of parenting time for each parent.
This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent. If your spouse is threatening to take 100% custody from you, absent your parental fitness being called into question, our attorneys will stop your spouse in his or her tracks and advocate fiercely to procure the 50% parenting time to which you maybe lawfully entitled.
When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. In other cases, circumstances may change and divorced parents move on with their lives, sometimes seeking adoption or termination of parental rights. Every case is different and paternity rights law is flush with nuance and technicalities.
If you have a child out of wedlock, and even if you are still getting along with the other parent, you should seriously consider filing a Paternity Action to procure legally binding court orders regarding your child’s paternity, legal decision making, parenting time (custody) and child support obligations. This child is going to be in your respective lives for 18 years or more, and you should advance through the child’s life with validated, and enforceable court orders in-hand, in the event that the relationship with the other parent ever fails, or is starting to fail.
Courts recognize the importance of maintaining a child’s bond with extended family members. Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. The court then must balance the parents’ right to raise their child how they see fit with a grandparents’ request for visitation. For this reason, grandparent visitation may be limited. Therefore, it is critical for grandparents to retain an attorney early in the process to protect their rights prior to formally commencing legal proceedings.
A wise choice prior to marriage in Arizona would be to voluntarily join in a prenuptial agreement. A prenuptial agreement encourage the spouses’ rights and responsibilities while married and if the marriage ends with divorce or a spouse’s death. The prenup must be finalized before wedding vows are exchanged at a religious or civil ceremony. If the wedding is called off, then the premarital agreement is invalid and unenforceable.
Spousal maintenance is perhaps the least understood aspect of divorce. For that reason, you need someone working with you who is focused on protecting your interests even when matters become emotional and complicated.
Spousal maintenance is a temporary financial equalizer to help ease the transition after a divorce when one spouse has focused most, if not all, of their effort on making a living to provide for the family’s financial needs while the other spouse has maintained the household and taken care of any children.
A divorce Decree handed down by a state court judge is a court order and is subject to rigorous and continued enforcement. Court orders should never be taken lightly. Our law firm prides itself on its no-nonsense approach to returning to a court of law and asking that the judge fully enforce his or her orders as originally determined by the judge during the prior proceedings. Parties disobeying court orders may be held liable for the other party’s attorney’s fees and costs. In some cases, incarceration of the other party can be achieved for failure to abide by the order of the court.
Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed law which outlines specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
Our attorneys in Scottsdale can assist with the complicated procedures and litigation surrounding relocation and, if necessary, provide creative insight for a long-distance Parenting Plan that will maximize a non-moving parent’s contact and involvement with the child. In the alternative, if you are seeking to object to the child’s cross-state relocation, we have numerous strategies and arguments to maximize your chances for a positive result.