Law Office of Hector A. Montoya, P.L.L.C.
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Posts tagged "Parenting Orders"

In a divorce, will my child be asked to decide who to live with?

It depends on the circumstances. For one thing, if you negotiate or mediate your divorce, you will come up with your own parenting plan, which includes assigning legal decision-making authority and parenting time. If you can resolve your divorce by agreement, out of court, there is no need to worry about having your child testify about their wishes.

Is military deployment a factor in determining parenting orders?

It can be. In Arizona as in most states, the legal standard for setting up parental decision-making authority and parenting time is that these orders must be in the best interest of the children. When determining what is in the children's best interest, the courts can consider any factor relevant to the children's physical and emotional well-being. 

What does an Arizona parenting plan need to contain?

If you're divorcing with children, you may have a disagreement with your divorcing spouse about how to share parenting time with the kids. If you can't agree, each of you will have to develop a proposed parenting plan to submit to the court. Then a judge will decide which plan provides for each parent's legal decision-making authority over the child and maximizes each parent's parenting time.

What factors do the courts consider when setting parenting orders?

In any divorce with shared children, you will need to determine whether both parents will have legal decision-making authority and how much parenting time each will have. In general, you can negotiate this instead of going to court, although whatever agreement you reach must accord with Arizona law. If you do go to court, the court will make these determinations based on the children's best interest.

When do you have to legally establish a child's paternity?

In Arizona, the law assumes that the child of a married woman belongs to her spouse, but this is not always the case. When it is not, the parents need to establish legal paternity. This could be necessary, for example, when:

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Law Office of Hector A. Montoya, P.L.L.C.

3507 North Campbell Avenue
Suite 111
Tucson, AZ 85719

Phone: 520-719-1767
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