by gary | Jul 25, 2025 | Blog
Arizona expungement laws have a unique history. It is the only method of addressing a record that does not erase or seal it from public view. Under the new law, effective from January 2023, individuals eligible for expungement can have their records sealed in Arizona. This article provides more details about expungement in Arizona, including who is eligible and how an attorney can help.
What Does Expungement Mean in Arizona?
Under Arizona law, expungement refers to the removal or erasure of an individual’s criminal record. It also refers to sealing or destroying a record for an eligible person. If you are eligible for an expungement order in Arizona, your records can be erased or removed from public view. As a result, the process removes the criminal record as if the crime never happened.
Record expungement in Arizona is not a pardon for committing a crime. It also does not remove the conviction, but expungement effectively erases a criminal record and makes it invisible to landlords, employers, the courts, and the general public. This gives the individual a chance to start over, without the worry of their criminal conviction getting in the way of jobs or housing.
Who is Eligible for Expungement?
In the recent past, Arizona has passed multiple laws that have expanded the eligibility criteria for expungement. Under ARS § 36-2862, which became effective on July 12, 2021, individuals with criminal offenses involving marijuana can petition the court for an expungement of their records. This includes arrests, convictions, and other marks on the individual’s record that relate to marijuana crimes:
- Possession, consumption, or transportation of 2.5 ounces or less of marijuana, in which less than 12.5 grams is marijuana concentrate.
- Possession, transportation, cultivation, or processing of no more than six marijuana plants at the individual’s residence for personal use.
- Possession, usage, or transportation of paraphernalia related to the cultivation, processing, manufacture, or consumption of marijuana.
ARS § 13-911 is the other new expungement law in Arizona passed on July 9, 2021. It states that a person can file a petition for expungement of his or her records after meeting certain conditions:
- Charged with a criminal offense, but the charge was then dismissed or resulted in a not-guilty verdict at trial
- Convicted of a crime and completed all terms and conditions of the court-imposed sentence.
- Arrested for a criminal offense, but no charges were ever filed.
Excluded Offenses to Clear Your Criminal Record
Arizona’s expungement laws play an important role in encouraging rehabilitation and creating new opportunities for individuals with criminal histories. However, not all offenses qualify for record sealing. Some of the offenses that may not be expunged include:
- Serious violent offenses
- Class 1 felonies
- Certain sexual offenses
- The offense of knowingly inflicting serious bodily injury on another person
- Offenses involving the use, discharge, or threatening exhibition of a deadly weapon or dangerous instrument
What’s the Waiting Period for Record Expungement After Filing a Petition?
If you want to file a petition for the expungement of your records, you will have to go through a state-imposed waiting period. This waiting period begins after you complete your sentence. However, in some cases, you may be able to petition the courts earlier. Depending on the severity of the offense, the waiting period can be:
- Lower-grade misdemeanors: 2 years
- Class 1 misdemeanor: 3 years
- Class 4, 5, or 6 felony: 5 years
- Class 2 or Class 3 felony: 10 years
What’s the Difference Between Dismissals and Expungements?
Expungements and dismissals are often confused, but a few key differences exist between the two. When a case is dismissed, the record will show that the charges were brought agaiants you, but were dropped without a conviction. If you were arrested, a record of that arrest is still visible and available to the public.
Felony expungement Arizona, on the other hand, involves destroying all records of your arrest and any subsequent criminal case. Unlike a dismissal where a record of the case is still available, expungement ensures that the general public’s access to your records is eliminated. This means that potential employers, landlords, and other public parties cannot access your criminal record by conducting a simple online search.
How a Criminal Attorney Can Help You Expunge Your Records
The expungement laws in Arizona are full of legal jargon, confusing terms, fine print, and provisions that can be difficult for the average person to navigate. The best approach is to consult an expungement attorney to help you understand your expungement eligibility and the significance of the newly passed laws. Our lawyers at Schill Law Group will guide you on the best available path for erasing or sealing your record. Get in touch with us today.
by gary | Jul 24, 2025 | Blog
One of the most difficult issues to navigate after a divorce is the ongoing care for children. It becomes even more difficult for unmarried parents when they separate. You have to make decisions about parenting time, healthcare, the child’s education, and even religious training. The Arizona custody laws for unmarried parents provide a framework for legal decision-making and parenting time. In this article, we cover everything you need to know.
Basics of Arizona Child Custody Laws
The AZ child custody laws for unmarried parents who are separating are largely the same as married parents going through a divorce. However, several issues may arise in establishing the paternity of the child.
When the paternity is already established, the legal decision-making process and parenting time laws are the same for both married and unmarried parents. Specifically, both parents have legal decision-making authority, which means they participate in child-rearing decisions, including healthcare, education, and religious upbringing. They must also determine the amount of time that each will spend with the child (parenting time), including over the weekends, school breaks, holidays, and any other days the parents would like to incorporate in their parenting time agreement.
When Unmarried People Cannot Agree on Child Custody
Parents in Arizona are generally encouraged to resolve issues related to legal decision-making and parenting time between themselves. However, either parent can seek resources from the court if they cannot agree or believe the child’s safety is at risk. In such a case, the parent must submit a proposed parenting plan to the court.
The parenting plan covers several issues, including how each parent would prefer to handle issues such as living arrangements related to the child. The Arizona Supreme Court provides a guide to developing a parenting plan, with guidance on specific issues such as relocation, holidays, and other special issues. However, it is best to work with an experienced family law attorney to help you draft the parenting plan. If the parents still do not reach an agreement, the Arizona court will determine legal decision-making authority and parenting time based on the child’s best interests. Some of the factors the court considers include the relationship with each parent,health and safety, the wishes in the case of older children, and their current adjustment to their home and community.
What are the Unmarried Mothers’ Rights in Arizona?
In Arizona, the mother of the child is automatically granted primary custody in unmarried couples. This grants the mother both the physical and legal custody of the children. Specifically, the mother can make decisions concerning:
- Place of Residence
- Where the child attends school
- Medical care, including mental and dental health care
- Child care programs, including camps during school breaks and after-school care
- Sports and other extracurricular activities
- Church attendance
- Vacations and travel
Although the law assumes the mother has custody in cases involving unmarried couples, it is not a foregone conclusion. If you are an unmarried father in the case, you may consider working with an experienced family lawyer to navigate the options available.
How Can You Prove Paternity for Unmarried Fathers?
The AZ child custody laws for unmarried parents state that the legal custodian of a child born out of wedlock is the mother. However, unmarried fathers can prove paternity to establish custody in either of the following ways:
Presumed Paternity
An unmarried father’s paternity is presumed if:
- A DNA test affirms a 95% likelihood that he is the father
- Both unmarried parents name the father in a notarized or legally witnessed document
- Both unmarried parents sign the child’s birth certificate
- Both parents agree to paternity and are before the court on a related matter
Court-ordered paternity testing
Court-ordered paternity testing in Arizona happens when either parent requests it. Other individuals or entities who can request testing include:
- The child’s guardian or conservator
- A public welfare official or agency
- The State
- The court determines legal decision-making authority and calculates child support
Hire Arizona Family Lawyers You Can Trust
The needs and circumstances of every family are unique. At Schill Law Group, our family lawyers are experienced in Arizona custody laws for unmarried parents and are ready to guide you through the process. Get in touch with us today and let us help you reach the best decision for your child’s continuing care.
by gary | Jul 16, 2025 | Blog
Several questions usually arise during divorce proceedings. Parental visitation is often one of the most discussed issues, with a focus on how each parent should be involved with the child’s life. While Arizona law is clear on how to approach this issue, understanding what to expect can help you plan better. This article provides a simplified guide for divorcing parents on how to approach the issue of parenting time.
What is Parenting Time in Arizona
Parenting time in Arizona is a term used to refer to what other jurisdictions call physical custody. It is a key component of child custody, defining how each parent spends time with the child. As per the guidelines, a parenting plan in Arizona is established by court order. Even in situations where the parents have agreed to informally create a parenting schedule, they must submit and formalize the agreement in the family court for it to be adopted as an enforceable court order.
These Arizona parenting time guidelines means that neither paret is entitled to parenting time without a court order. While the framework is clearly set out, it often leads to one parent withholding or keeping the child from the other parent. In most cases, the scenario disproportioaly affectes unmarried fathers as the mother remains the legal custodian of the child until paternity is established and custody determined by a court.
How to Establish Parenting Time in Arizona
Parental visitation time is one of the most contested issues for divorcing parents. However, the process of establishing child visitation time starts with one or both parents filing a petition to “Establish Parenting Time.” In cases where paternity has not been established yet, it can be done at the same time. This also includes legal decision-making and child support.
If the two of you have already agreed on parental visitation and everything else, you can submit a parenting plan jointly. Without an agreement, however, either parent can file a Petition to Establish. In situations where a parent needs immediate parenting time orders, this can be achieved by filing a motion for temporary orders with the petition or after it has been filed.
Once you file the petition, it is served on the other parent. This means that the petition is delivered to the other parent by a process server or other means provided by the Arizona Rules of Family Law Procedure. The other parent will be given 20 or 30 days to file a response.
How Do the Courts Decide Parenting Time in Arizona?
When parents cannot agree to a parenting time schedule, the family court will decide the parenting time for each parent. This is determine after an evidentiary hearing or trial that allows every parent to present evidence and testimony to support their preferred parenting time schedule. Arizona law provides family court judges with broad discretion in determining parenting time. However, they are guided by several factors.
The most important factor under consideration is the best interests of the child. Every case in Arizona that involves parenting time or decision-making is based on the best interests factors. These include the relationship between parent and child, the child’s adjustment to home and community, their age and maturity, presence of domestic violence, whether a parent intentionally misled the court to cause delay, and other relevant factors.
What is the Role of Court Appointees
Family courts use other resources to determine parenting time, including professionals who can be appointed to help. This is usually done in special cases, such as when neglect or child abuse is alleged. In such cases, court-appointed advisors (CAA) or best interests attorneys (BIA) are consulted to help determine child visitation time.
Best interest attorneys do not testify as they are not witnesses and cannot submit their opinions as evidence. Instead, they participate in the case like attorneys for the parents, but advocating for the best interests of the child. On the other hand, court-appointed advisors may interview the parents, children, and other witnesses. Based on the interviews, they prepare a report containing their recommendations for parenting time or legal decision-making.
Hire a Child Visitation Attorney
Although Arizona law provides clear guidelines for establishing Arizona parenting plans, most parents struggle to come to an agreement. Even with an agreed plan, you still need to formalize it and get a court order to actually implement the visitation schedule. A child visitation attorney guides you through this process, ensuring you settle any issues in the best interests of the child. Contact Schill Law Group today to work with an experienced and reliable child visitation attorney.
by gary | Jul 5, 2025 | Blog
When a custodial parent is under a court order and is planning to relocate with the child, he or she is required to first obtain the court’s permission. The law provides a specific distance that the parent can relocate to and what they need to do before moving out of state with the child. In this article, we briefly explain how far a parent can move with joint custody in Arizona and what you need to know legally.
What Should a Custodial Parent Do Before Relocating?
If you are a custodial parent under a court order planning to move out of state with the child, you must first obtain the court’s permission. The law requires you to provide the other parent with a notice in writing that is sent via certified letter at least 45 days before moving. Failure to notify the court of your planned move can result in serious legal ramifications.
The family court judge is guided by the best interests of the child in all Arizona custody matters. When the primary residential parents decide to move away from the state, the remaining parent is entitled to a 45-days’ notice before the child can be relocated out of state. If the remaining parent objects the move, then the court will review the effect that the relocation could have on the child. However, they are required to provide a timely response: they have 30 days to file a petition preventing the relocation.
How Far Can a Parent Move with Joint Custody in Arizona?
Custodial parents are required to notify the court of any proposed move out of Arizona or over 100 miles within the state. Further, the parent cannot simply decide unilaterally to move away without giving a legal notice. Under the custody laws, the child remains under the jurisdiction of the Arizona courts until emancipation (or above the age of 18 years).
How Arizona Child Relocation Laws Apply
Under the Arizona child relocation laws, the controlling Arizona statutes apply when both parents are entitled to custody, parenting time, or reside in the state by agreement or court order. In the case of relocation, the judge will examine the proposed move and the impact it will have on the child. Some of the factors the judge looks at include:
- The circumstances or reasons behind the custodial parent relocating
- The impact of the move on the noncustodial parent’s visitation
- Whether the move was motivated by a desire to gain an advantage over child support or in bad faith
- Whether the move is motivated by a desire to keep the child away from the noncustodial parent
- The effect of the move on the physical and mental well-being of the child
How to Address the Relocation with the Noncustodial Parent
Moving out of state will undoubtedly affect the noncustodial parent’s right to access the child. The parents can work together toward a modified parent time agreement that meets the primary objective of each while protecting their relationship with the child. Usually, longer but less frequent visits become the obvious solution.
Following the move, the parents must make a few adjustments to child support, travel, and lodging costs. This also includes the extra expenses that the noncustodial parent will incur due to the increased distance from the child. If the parents do not have an agreement in place, the court will decide the terms. Usually, an Arizona judge will use the Arizona child custody laws when moving out of state to give an order that includes modifications to parenting time to ensure the rights of both parties are protected, with the child’s best interest being given the utmost priority.
Can I move out of Arizona without asking the court if I have sole custody?
No, you cannot move out of state without asking the court, even if you have sole custody. Legal decision-making in Arizona is separate from physical custody. Thus, the parent is required to first notify the other parent of their intent to relocate, allowing the noncustodial parent to respond by either accepting or filing an objection with the court.
Can the noncustodial parent move out of state without notice?
Yes, a noncustodial parent can move out of Arizona without notice. The legal requirement to provide written notice before relocating applies to moving with children. The noncustodial parent can move without notice since they will not be moving with the child. However, if you still want to visit the child, you must tell the other parent that you have moved and where you have moved to.
Get in Touch with a Custody Attorney
A custodial parent in Arizona who wishes to move with their child out of state or more than 100 miles away within the state is required to provide a written notice to the other parent. If you are planning to relocate with your child or stop a relocation, talk to our lawyers at Schill Law Group. We will help understand the provisions of the law and navigate such processes.
by gary | Jul 5, 2025 | Blog
The process of filing for a divorce can be overwhelming, especially with the emotional toll that comes with ending a marriage. Although no one enters a marriage with divorce in mind, sometimes it’s the only option. The legal process itself can be complex, with practical decisions to make, requirements to meet, and forms to sign. In this article, we break down the process of filing for divorce in Arizona so you can know what to expect and prepare accordingly.
How Divorce Is Different in the State of Arizona
Filing for a divorce in Arizona refers to the process of divorce as the dissolution of marriage. However, it differs slightly from some states in terms of requirements. For instance, the Judicial Branch of Arizona requires residents to wait for at least 60 days from the date of their marriage before they can file for a divorce.
The parties pursuing the dissolution of their marriage must be domiciled in the state for at least 90 days before filing. This means that the couple must have treated Arizona as their primary state of residence. One of the ways you can demonstrate that your primary domicile is by registering to vote. If you and your spouse meet these two requirements, either can push to proceed with the marriage dissolution.
What Do You Need to Discuss With Your Spouse Before Divorce Proceedings?
Before filing for a divorce, it helps to discuss pertinent issues with your spouse or partner. Agreeing on the following issues can speed up the process and make the divorce proceedings seamless:
Custody of the Minor Children
Custody is one of the primary concerns for many parents when filing for a divorce. When minor children are involved, the court will have to decide about the custody. Being on good terms with your partner can be helpful. You can discuss the future of your children and decide on the best course of action:
- How you will divide parenting time: Do you want to have rotating schedules, or split the weekends and weekdays?
- How will you make decisions about your children: Will the parent who is currently watching over the child have the right to make all decisions, or will consultations be necessary?
Discussing the issues of custody ensures that both of you are content with the arrangement and that the young children involved will not be subjected to conflict needlessly. If you cannot agree about the custody, then the judge will do it for you.
Child Support
Child support refers to the financial obligations that parents have to their children. Whether you are the parent awarded primary custody or the non-custodial, supporting your child will still be your responsibility. Although there is no set amount of child support you must pay, the law requires it to be a reasonable amount.
Maintenance or Alimony
Alimony means maintaining a certain standard of living for your ex-partner. This provision during a divorce covers the unequal division of assets. It can take different forms other than monetary payments, such as providing your partner with certain goods and/or services in lieu of financial support.
Division of Assets
Another thing you will need to discuss before divorce proceedings is asset division. The court will usually seek to equally divide all the assets that the couple acquired throughout the marriage. Talking about the division of assets with your spouse helps to clarify which of your assets were obtained before getting married, and avoid contentious dissolution.
How to File for a Divorce in Arizona: A Step-by-Step Guide
Whether you have discussed the above with your or not, you can still start the divorce proceedings. Here are the key steps to follow:
Step 1: Obtain and Accomplish the Petition for Dissolution of Marriage
The first step to filing a divorce in Arizona is to obtain a petition for dissolution of marriage. This is the document that the court will repeatedly reference throughout the divorce proceedings. Make sure you provide all the requested details and fill out the form under the supervision of an attorney to avoid making mistakes.
Step 2: Complete Other Relevant Documents
In addition to the petition for dissolution of marriage, you may be required to fill out the preliminary injunction, summons, sensitive datasheet, and other documents.
Step 3: File the Petition for Dissolution of Marriage and Other Documents with the Court
Once you have obtained and filled the necessary documents, head over to the courthouse in your area and look for the clerk of court who will accept your filing. Familiarize yourself with the rules for filing and pay the necessary fee. You will then be given a case number that you will use as a reference for future proceedings.
Step 4: Serve the Petition for Dissolution of Marriage and Other Documents to the Other Party
With the documents completed and filed, you can now serve your spouse the petition to dissolve the marriage. Serving them the paperwork gives them a legal notice of what you intend to do.
You can serve your spouse divorce documents by sending an unrelated party such as a registered process server or a law enforcement officer to deliver the documents. You could also have them sign an Acceptance of Service before serving the documents. You are then required to return the signed documents to the clerk of court and file the proof of service.
Step 5: Wait for the Response of the Other Party
If your spouse lives in Arizona, they will have up to 20 days to file a response to your petition while those living outside will have up to 30 days. In cases where the respondent was made aware of the petition through a publication, they will have up to 60 days from the day of the notice’s initial publication to respond. If the other party does not respond on time, the case can proceed by default if they fail to respond promptly.
Step 6: File a Consent Decree if You Agree to the Dissolution of Their Marriage
Once the two of you agree to the terms of the divorce and indicate as such in their response, the next step is to file consent decrees, detailing the terms of your divorce. The consent decrees are then filed with the court. You may need to make an additional appearance in court to finalize the divorce.
Step 6A: Attend a Default Hearing
If your ex-partner does not respond to the petition, a default hearing will eventually end in your being divorced. You will need to file an application and affidavit of the default divorce and send a copy to your spouse. If they do not respond after 10 days, your divorce will push through.
Step 6B: Go to an Early Resolution Management Conference
The court may order both of you to attend an Early Resolution Management Conference if your ex-spouse does respond and indicate that they do not agree with the terms of marriage dissolution. During the conference, the two will need to compromise and agree to the terms of your divorce.
Step 6C: Take Part in a Trial
In cases where the two of you cannot agree to the terms, the trial may go to court. Since trials can be costly and time-consuming, it is best to discuss all the pertinent issues with your partner before starting the divorce proceedings.
Step 7: The Dissolution of Marriage Is Finalized
Your marriage is dissolved at the end of the divorce, whether you went through a relatively civil divorce or a contentious trial. The court will hand down the decree of dissolution of marriage, marking the finalization of the divorce.
Hire a Reliable Divorce Lawyer
Divorces can be messy, tiring, and costly. However, working with an experienced lawyer increases the chances of getting final terms that favor you. If you want to file for a divorce in Arizona, contact us at the Schill Law Group today. Our attorneys are ready to take your case and guide you through every step of divorce proceedings.
