Arizona law allows divorcing parents to decide among themselves how parenting time will be divided. Indeed, the courts prefer that parents work together to develop parenting plans because those who have reached an agreement are more likely to cooperate with one another as their children age. The primary purposes of parenting plans are to allow consistency and predictability in future interactions and minimize future conflict. The plan should set forth the parents' understanding regarding legal custody, the parenting time schedule and the ways in which rights and privileges will be shared. The plan must contain a statement about custody, setting forth whether sole legal custody is given to one parent or the parents will have joint legal custody.
Division of community property in a divorce
Arizona residents who are going through a divorce may want to learn more about property division laws. While determining who gets what in a divorce settlement, gaining a solid understanding of what is defined as community property and what isn't may help to prevent some disputes from arising.
Lawyers may assist pro se individuals via limited representation
In some Arizona cases, individuals may want to consult with a licensed lawyer while they are representing themselves. The State Bar of Arizona has released an ethics opinion addressing the scope of representation under such an arrangement, including the requirements of disclosure and confidentiality and the possibility of coaching the client.
How is child support determined in Arizona?
Arizona judges use statutory guidelines and consider a number of factors when determining the amount of child support one parent will be ordered to pay the other after a divorce or separation. Both parents are considered responsible for contributing a portion of money towards the care of a child. The guidelines provide a framework for the courts, but judges may deviate from the guidelines when individual circumstances so dictate.
In loco parentis rights of grandparents
In Arizona and other states, courts have upheld the legal rights of grandparents when parental divorce threatens these grandparents' ongoing relationships with their grandchildren. Visitation rights granted to persons other than parents are described as 'in loco parentis" rights, derived from the Latin term meaning 'in place of parents." 'In loco parentis" is a broad term that applies to any legal relationship between a child and an adult that is not the child's parent.
