Maricopa County Court » child http://maricopacountycourt.net Sat, 18 Dec 2010 01:07:20 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 Child Custody Papers /maricopa-county-courts/family-court/child-custody-papers-2/ /maricopa-county-courts/family-court/child-custody-papers-2/#comments Mon, 13 Dec 2010 14:36:19 +0000 Maricopa County Court /?p=70386 By Steven Carlson -

There are many factors to consider in filing child custody papers. You can file it yourself (in pro per) or you may choose to retain a family law attorney to represent you and file the child custody papers on your behalf. There may be local rules and procedures for filing your documents that you must adhere to. If you choose to represent yourself you will be taking on the responsibility of knowing the procedures and timelines related to your paperwork and court appearances.

Child custody papers and forms can usually be obtained at your local family court and many times can be downloaded from the local family court website. Some courthouses provide assistance or services to help you retrieve and complete the paperwork and forms. Your child custody papers can usually be filed in person or via mail. In some areas, there are fax filing agencies that have been approved by the court if you are unable to appear and wish to submit your papers via fax. Generally, the court will not set hearings over the phone. Child custody documents submitted through the mail will often be assigned a hearing date according to the statute requirements.

Typically, there are costs associated with filing for child custody forms and documents in the family court. For family law filing fees and other court related fees you will want to check with your local family court. If you are unable to pay the filing fees and costs, your local court may provide a fee waiver mechanism in which you can ask the court to permit you to proceed with filing your custody papers without paying the court fees and costs.

Whether you decide to file custody papers on your own or hire an attorney to do it for you, you would be wise to consult a family lawyer to find out where you stand legally on your child custody case and what your legal options are. Additionally, a family law attorney can help you understand the local requirements and procedures, local forms, timelines, and right approach for filing your legal paperwork.

© 2008 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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Child Support and Bankruptcy /maricopa-county-courts/family-court/child-support-and-bankruptcy/ /maricopa-county-courts/family-court/child-support-and-bankruptcy/#comments Thu, 02 Dec 2010 14:06:28 +0000 Maricopa County Court /?p=69377 By Joseph Devine -

People who find themselves in an insolvent state financially may not know how to deal with the difficulties they face. In times of serious financial crisis, persons may turn to bankruptcy to help deal with mounting debts and financial obligations that they cannot meet. During bankruptcy proceedings, certain debts may be discharged and some assets may be retained, but certain debts may not be removed, no matter what the specifics of the person’s financial situation are.

Individuals who file for bankruptcy are often looking to gain financial freedom and wish to get a chance at a “fresh start”. Certain debts like credit card debt and other financial obligations may be discharged by the judge, and although the applicant may face difficulties obtaining credit for a few years, the person may see great advantages in the future.

When it comes to obligations like child support, it is not possible to obtain a discharge, regardless of your personal situation. Support for dependents is an important financial responsibility and even persons facing serious monetary struggles should be required to maintain payments to help their children. The law recognizes this and makes it clear that such debts cannot be escaped, even by filing bankruptcy.

Some individuals may face additional financial obligations as a result of taking care of their children. Medical bills accrued by children also cannot be discharged, regardless of how expensive the procedures were or how heavy the burden may be on the person’s budget. As with support payments, these obligations usually remain intact, even as other debts are removed.

Fortunately, people who file for bankruptcy may find that other difficult debts are removed from their lives and they may be able to re-structure their budgets to manage money much better. This freedom may make it much easier to maintain timely child support payments and pay off medical debts as a result. With other debts out of the way, persons going through bankruptcy may find it easier to pay off the debts that were not discharged.

If you are considering filing for bankruptcy, it is wise to consult an experienced bankruptcy attorney for help with filing, hearings, and the discharge of debts. Bankruptcy can be a confusing process for people unfamiliar with the process, and having experienced legal advice may be very helpful. If you would like to know more about bankruptcy proceedings, visit the website of the Boston bankruptcy attorneys of Joshua Spirn & Associates.

Joseph Devine

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What to Expect From a Child Custody Hearing /maricopa-county-courts/family-court/child-custody-family-court/what-to-expect-from-a-child-custody-hearing/ /maricopa-county-courts/family-court/child-custody-family-court/what-to-expect-from-a-child-custody-hearing/#comments Fri, 08 Oct 2010 14:44:17 +0000 Maricopa County Court /?p=67054 By Brandon Brewer -

Most people who go through a child custody battle are not sure what to expect from the court system. Even having an experienced lawyer does not always reduce the anxiety that parents tend to experience in this situation. But by knowing what the courts expect at your custody hearing, you can make sure you are prepared to present the best case. Here are some basic considerations the court will examine during your hearing.

Your Home

The judge will examine each of the parent’s living situations. Some of the factors that are discussed are safety, proximity to resources, size, and features. Ideally, you would have a home in a safe neighborhood that offers easy access to schools, health care, and relevant shopping outlets. The size of your home is figured into how many people live there and the number of bedrooms and bathrooms available.

Continuance

The goal of any child custody case is to provide the best situation for the child. This includes factoring in the transitional period for them. The custody judge is looking for a stable environment where the child will be afforded the best opportunity to adjust to the family changes. This means that preference will be given to the home which does not involve the child changing schools, friends, or other social circles.

Your Schedule

The custodial parent inherits a significant responsibility in providing emotional support for the child. This means that your work schedule should have plenty of accessibility and flexibility to care for your youngster. The court system will measure the amount of time you have available for family interaction. If your current schedule is hectic enough to raise concern, than you should have a detailed strategy for how you plan to make more time if you win custody.

Child Preference

Consider your child’s preference for custodial guardianship to be the “X factor” in a child custody hearing. The ultimate role of the court is to ensure the best overall living situation first, followed by extraneous factors such as preference. However, if all other aspects of the case fail to produce a clear winner, than the child’s preference will likely push one side over the top.

Understanding the considerations of a child custody hearing is an important part of preparation. By recognizing the factors that determine your eligibility for custody, you can eliminate potential negatives before they hurt your case. The key is to position yourself to provide the best environment for your child’s development, coupled with the least amount of stress for their transition.

The most successful custody appeals happen when the parent takes full control of the process. You should never rely solely on a lawyer to win your case for you. Visit ObtainCustody.com for more resources on how to win child custody.

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Suspended Licenses and Child Support Payments /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/suspended-licenses-and-child-support-payments/ /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/suspended-licenses-and-child-support-payments/#comments Tue, 28 Sep 2010 14:59:06 +0000 Maricopa County Court /?p=66653 By Dennis Gac -

One of the things that can happen if you fail to pay your child support payments is that you could end up with having various licenses revoked. This includes not only you driver’s license, but any business or professional licenses you may have as well. This is a result of the Child Support Recovery Act set in place in 1992. There are some things you should know to prevent this and if it does happen.

A contempt of court order for nonpayment can result in having your license revoked, but it doesn’t always happen immediately. Usually there are mitigating circumstances such as you don’t show up for or do not respond to a hearing. Always respond in written form to any type of hearing notice, to verify you know it is taking place.

Never ignore collection notices. Make some type of payment no matter how small. If you are trying to get your license reinstated, you will need to have made a payment and you must also have a payment plan on how you are going to make the up the payments.

Even if your driver license or professional license gets revoked if you follow the above – make a plan, respond in writing, and make a payment – more often than not you will be able to get your licenses reinstated. Be prepared, stay calm and think things through. Your ex-wife is going to use whatever she can to try and get you in trouble and cause problems, but you can handle these simple things if you stay calm.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

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Unmarried Child Custody Issue /maricopa-county-courts/family-court/unmarried-child-custody-issue/ /maricopa-county-courts/family-court/unmarried-child-custody-issue/#comments Wed, 21 Jul 2010 13:49:24 +0000 Maricopa County Court /?p=61861 By Steven Carlson -

What are the top issues unmarried parent’s faces when custody is disputed? Unmarried custody cases can present some different child custody issues than divorce cases where the parents were married. Fathers who were not married are often fighting for the right to have contact with their child and establish custody and visitation rights. Unmarried mothers are often fighting to establish a child support award against the father. While unwed parents face many of the same custody issues married parents struggle with, there are some additional challenges in the unmarried custody case – specifically for the unwed dad.

Unmarried Child Custody Issues for Fathers

Who gets custody of the child if the parents were never married? In most states, an unwed mother will be awarded sole physical custody unless the father establishes paternity and commences action to be awarded custody. Until then, the father is often left with very little he can do to gain access to his child unless the parents agree to it. If an unwed mother denies the father access to his children the father will often need to establish access through the family court, which generally includes establishing paternity and petitioning the court for parental rights and waiting for a judge to make decision. A father who was not married to the mother of his child rarely ever wins custody over the mother unless mom is found by a court to be completely unfit. And for younger children, the chances are often even less. There is still a heavy bias that favors mothers over fathers, especially with younger children. An unmarried father usually at best can only take the necessary steps to gain unmarried child custody and visitation rights through the courts — unless the mother is cooperative and agreeable out of court. The time and money involved for an unmarried father to gain rights to his child and to establish a parenting plan can often be extensive. Regardless, unmarried fathers should not be discouraged as more and more fathers petitioning the court for access to their children are being awarded joint custody with parenting plans that include the child living or spending a substantial amount of time with their father.

Unmarried Child Custody Issues for Mothers

With some statistics showing that most all child support cases involve the father paying support to the mother it’s easy to see why it is also the case in unmarried child custody cases that mom’s are often fighting to obtain a support award against the father. Generally, a finding of paternity is required in order for an unwed father to be forced to pay financial support of his child to the mother. Without a paternity finding by the court, it’s often difficult and in some cases impossible to force an unmarried father to pay child support. Voluntary child support payments by an unmarried father without a finding of a paternity may not be enforceable. In other words, if an unwed mother is relying on voluntary payments by dad without a finding of paternity then she may find herself in a tough situation if the father decides to stop paying voluntarily.

Unmarried custody cases can present different issues than divorce cases involving children. Unwed dads are often battling for child custody rights while unwed mothers are often fighting for financial support. Whether you’re the mother or father involved in a custody dispute, you’d do well to become educated on the subject of custody issues including custody determinations and modifications.

Copyright © 2009 Child Custody Coach(TM). All rights reserved.

Child Custody Coach ™ supplies child custody information, online materials, and coaching services to divorced and unmarried parents faced with custody and visitation agreement issues. Steven Carlson, The Custody Coach™, is the author of the win child custody E-Book, “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!” Mr. Carlson’s book has been reviewed by some of the foremost professionals in the field of custody, family law, and parent education.

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