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Kids Born Out of Wedlock? Here’s What You Need to Know About Presumption of Paternity

by | Oct 9, 2017 | Child custody, Custody

Defending the People of Arizona

With more than 100 Years of combined experience

Kids Born Out of Wedlock? Here’s What You Need to Know About Presumption of Paternity

According to the Center for Disease Control (CDC), 40.3% of all children born in the United States are born out of wedlock. With so many children being born to unwed partners, it’s more important now than ever before to understand the laws surrounding presumption of paternity in Arizona.

The Importance of Paternal Relationships

It’s very important for Arizona fathers to have positive relationships with their children. Having both parents involved with raising a child is beneficial to the child and can also be advantageous for the mother and the father – regardless of whether they are living together or are separated. Presumption of paternity laws exist in order to protect the bond of father and child when a baby is born out of wedlock and to allow the father to seek custody of the child in the event of a separation or divorce. Schill Law Group understands the importance of presumption of paternity laws and fights to protect the rights of biological parents in Arizona.

Establishing Presumption of Paternity in AZ

There are instances when the biological father of a newborn child is not immediately clear. Although a paternity test may be required at some point, there are other ways in which a presumed father can be established before any testing. One way in which a man may be presumed to be the father of a child is when the man was either married to the child’s mother 10 months before the baby’s birth, or the marriage ended within 10 months of the child being born. Another way in which a father’s paternity is presumed is when the mother and father both sign the birth certificate or an acknowledgment of paternity in the presence of a notary or two witnesses. The final way in with paternity may be presumed is after a paternity test has been taken and comes back with a result that shows at least a 95 percent probability that the man in question is the father.

What Presumption of Paternity Allows in AZ

When a man is presumed to be the father of a child, that presumption is what establishes a father’s right to seek out child custody in cases where he isn’t married to the child’s mother. In the event that the presumed father is legally married to the mother, the presumption of paternity allows him to seek custody in the event that the marriage is dissolved in the future. These types of actions can only be taken when a man is a presumed father. If a man believes that he is the biological father of a child, but is not the presumed father, he will need to take steps to establish paternity.

Rebutting Presumption of Paternity in AZ

The state of Arizona demands “clear and convincing evidence” when rebutting a paternity presumption. In some cases, a mother may need to rebut a presumed father’s right to custody if she believes he is not, indeed, the biological father. In other cases, a man who believes he is the biological father of a child may need to rebut the presumed paternity of another man. Whatever the case may be, this process will demand serious legal representation in order to properly gather the evidence and make the best case for the well-being of the child.

Do you require legal assistance with your presumption of paternity case in Arizona? Our team is here to help in your hour of need.  Call the Schill Law Group to set up a free consultation today.

How Do I Establish or Modify My Child Support?

by | Aug 15, 2017 | Custody

Defending the People of Arizona

With more than 100 Years of combined experience

How Do I Establish or Modify My Child Support?

Arizona takes a parent’s responsibility to support their child/ren very seriously. The statutes mandate that both parents have a legal obligation to provide financial support for their children, regardless of how involved they are in the child-rearing process. As such, child support orders are typically entered quickly in separation/divorce actions. This responsibility continues until the child emancipates, which is their 18th birthday, or if the child is still in high school, until they graduate or turn 18 years old. Obviously, the amount of support which should be paid will change over time, and a party should make sure that they are being paid/paying the appropriate amount. The amount of support is determined through a calculation, in accordance with the Arizona Child Support Guidelines. This calculation will include both parties’ level of income, the cost of medical insurance, the child custody arrangement, as well as support for other children, the number of children at issue, costs of day care and costs for special needs items. In most cases, these figures are clear and the calculation is cut and dry. However, often there are issues to be determined or argued regarding some of the amounts used in the calculation. For example, the court could attribute income to a party who is underemployed. This could radically change the amount ultimately ordered. Everyone should discuss these issues with a family law legal profession, such as those at the Schill Law Group, to make sure that the proper amount of support is ordered. . A child support order will remain in effect until the emancipation of a child, unless someone requests a modification. There are only specific circumstances where a modification would be appropriate. Determining if the facts in your situation support a modification is where legal professionals like Schill Law Group can help.

Legal Grounds for a Child Support Modification

Parents may request a modification or termination of their child support orders “on a showing of changed circumstances that are substantial and continuing” A.R.S. § 25-327. This does not mean that your child has become more expensive, but rather that some of the figures in the calculation have changed and would result in a different figure. There are some circumstances which will automatically be accepted as a change in circumstances. This includes things such as emancipation of the minor child, birth of another child you provide support for, increase or decrease in the cost of health insurance of the minor child, or the loss of health insurance. Otherwise, the Court generally believes that a substantial and continuing change is one which results in a greater than 15% change in the obligation. This could be either and increase or decrease. This could result because of a change in the visitation, incomes, cost of the day care, or the like. There will also be an adjustment to the child support when a child reaches the age of 12, so that should be kept in mine as well. Often times orders will require parties to exchange financial information every year or two, and it is good to get advise/representation on what should be provided and what the new figures mean for the obligation. Also, keep in mind that if you are obligated to pay support, the reverse of some of these items may cause a reduction in your support. Often as children age, there day care costs reduce or even stop, which usually causes a large change in the obligation. These are only a few of the most common basis for requesting a modification to child support. Talk to your legal professional for consul on other situations where you may be within your rights to a child support increase.

Arguing Your Case

No matter how “cut and dry” your case may seem to be, you should never count on the fact that you will be granted the increase your child needs on your own. Child support cases are sensitive in nature and it can be difficult to prove the basis which should be utilized.

Timing

As stated, no changes occur until after you file for it. This can result in several months before a matter is heard, and back support, or overpayments may result. In order to give yourself the best chance to win the case for your child, it’s important to seek help from a reputable and experienced civil family law attorney.

Schill Law Group is passionate about ensuring that you and your child’s needs are met – both now and in the future. If you believe you are legally entitled to a modification in child support, we’re here to help. Give us a call to learn more today.

 

5 Mistakes to Avoid When Negotiating Child Custody

by | Aug 6, 2017 | Custody, Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

5 Mistakes to Avoid When Negotiating Child Custody

No matter how smoothly a divorce seems to go, the subject of child custody is almost always a harrowing one. Even spouses who are splitting amicably and get along every step of the way can butt heads when it comes to their children and how things will be handled concerning them for the foreseeable future. Parents who do not get along will have an even rougher time. The attorneys at Schill Law Group would hate to see things go badly, so we’ve compiled five mistakes that you should avoid when negotiating child custody.

Losing Your Temper

Working through a child custody battle can quickly get tempers to flare. Both parents love their children and want to spend as much time with them as they possibly can after a divorce has been finalized. This often means that emotions are right on the surface, just waiting to come out. However, this is when you must remain calm at all costs. Losing your temper can cause you to be viewed negatively as a parent, which can affect the outcome of the custody negotiations.

Putting Your Interests Above Those of the Child

Courts want to see that you care about your child above all else – and that includes you and your own interests. Every decision that you make should be in the best interest of the child. Many parents, for example, want to move away from the area in which they currently reside in order to “start fresh.” But uprooting your children can cause undue stress on your kids, so the proper strategy might be to stay in the same area following the divorce. The attorneys at Schill Law Group can help you with these types of decisions and how they will be viewed by the court.

Being Absent From Your Child’s Needs

We know you’re busy. We know you work hard. And we know that you love your children more than anything. Unfortunately, when you have a habit of inconsistencies or are constantly rescheduling appointments or meet-ups with your child, this sends a negative message and will hurt you during custody negotiations.

Refusing to Work with Your Former Spouse

This is not the time to be difficult and hard to work with. Courts will pick up on a spouse who is gritting their teeth through every part of the negotiation process and you could lose your foothold in your case very quickly. We suggest that you put the interest of the child above all else and prove to the court that you can work with your former spouse to care for your child in a positive and constructive way. After all, negativity helps no one and hurts everyone.

Flaunting a New Relationship

Regardless of what stage your divorce is in, there’s a good chance that you’ll want to move on sooner or later. However, the court can view flaunting a new relationship negatively, especially if it seems to take up too much of your time – time that you could be spending with your child. Plus, it could infuriate a scorned spouse and make him or her more unyielding on certain issues.

Are you planning a divorce and need someone on your side? Do you have questions related to divorce, child custody, or similar issues? Call the Schill Law Group to discuss your situation and the best way to move forward.

 

A Quick Review of Arizona’s Custody Arrangements

by | Jul 27, 2017 | Custody, Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

A Quick Review of Arizona’s Custody Arrangements

Getting a divorce is always difficult, but things become even more complex when minor children are involved. Making decisions about child custody is often the most emotional and challenging aspects of the separation. Both parents love their children, and each will have their own unique opinion about what types of custody and visitation arrangements are in their kids’ best interests. Having an understanding of your options and what goes into making a final custody determination can help you make the best and most educated decision for your children.

Types of Child Custody Arrangements in Arizona

Sole Physical Custody

Here, only one parent maintains physical custody of the child or children. This means that any minor children will reside strictly with the parent maintaining sole physical custody, and that the custodial parent is 100% responsible for providing supervision. The other parent may still be granted visitation; however, the court must review and approve the plan for such visitation.

Joint Physical Custody

In this type of custodial arrangement, both parents will be legally entitled to significant time periods of physical custody. For example, the child or children may move between his or her parents’ homes every other week, or a similar arrangement may be made. This allows both parents to enjoy a higher degree of continuing contact with their children, and will enable them to maintain a more active role in supervising and child-rearing.

Sole Legal Decision Making

Legal decision making differs from physical custody in that it goes beyond physical living arrangements and supervision, and involves comprehensive decision-making with regards to a child’s health, education, and overall welfare. In situations where sole legal decision making is given, only one parent is granted this level of decision-making power. The other parent will still be able to retain his or her visitation rights, regardless of who is granted sole legal decision making.

Joint Legal Decision Making

Although sole legal decision making is the most commonly granted custody arrangement in Arizona divorces, the court system much prefers the idea of an arrangement with joint legal decision making of all minor children. In this type of arrangement, both parents equally share the right and responsibility to make important decisions about their children’s health, education, and welfare. In order to achieve joint legal decision making, a workable “parenting plan” must be submitted to the court and both parties must be willing and able to cooperate with one another. Because both parents need to come to an agreement concerning the custody of their minor children, the assistance of an objective third party, such as an attorney or a mediator, may be needed in order to reach a fair and reasonable decision. In the event that both parents are unable to come to an agreement, the court will make the final decision. Arizona judges are required to review the facts and make determinations based on factors including the child’s past, present, and future relationships between each parent; the types of adjustments a child may need to make regarding home, school, and community; the mental health of the child and each parent; any history of violence or abuse from either parent; as well as a number of other items.

Whenever the court becomes actively involved in the process of making a decision about child custody, it’s important to have a skilled attorney on your side. The professionals at Schill Law Group are here to help. Give us a call to learn more today and to discuss your case.

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