Tucson Family Law Attorney
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Family Law Attorneys in Tucson, Arizona
Tucson Family Law Attorney
If you are looking for a family attorney in Tucson, Arizona you have come to the right place. Attorney Candace E. Kallen and the family law attorneys at My Arizona Lawyers are ready to assist. Our practice focuses primarily on family law and we have a dedicated staff of attorneys who have years of experience and extensive knowledge of the family courts in Tucson and Pima County. Whether you are filing for divorce, have domestic violence issues, or you are a grandparent trying to get visitation with your grandchildren, our Tucson Family Law firm can help.
Seek the assistance of an experienced Tucson family law lawyer as the outcome of your family court proceedings will often have a direct and profound impact on the rest of your life. Our Tucson family law attorney and staff know the importance of family law court proceedings and decisions and are prepared to provide our clients with reliable, high-quality, divorce and family law assistance when it is needed most.
Adultery and Divorce in Tucson
Our Tucson Divorce Lawyers take a look at how adultery may impact a divorce in Tucson. Additionally, we look at how adultery influences the emotional state of each spouse. Divorce cases in Tucson that involve adultery are usually more contentious than divorces that end sans adultery. Contact our Tucson Divorce Attorneys for additional information regarding adultery and divorce in Tucson, Arizona.
Does Adultery Impact a Divorce in Tucson?
One of the most common causes for divorce in Tucson, Arizona is adultery. Has your spouse cheated on you? If so, you are not alone. Many people in Tucson and throughout Pima County have had their marriages destroyed by infidelity. However, though it is wrong, adultery is not something that is going to impact a Tucson Divorce much at all.
Adultery in Tucson. Since Arizona is a no-fault divorce state, courts don’t consider affairs when deciding on important decisions in a divorce. Child Support, Spousal Support (Alimony), and Child Custody won’t be impacted because of adulteress behavior. It is possible though that adultery could affect property division. For instance, if a cheating husband spent a lot of money on his girlfriend, it could reduce his share of the marital estate.
When is Alimony (Spousal Support) Awarded in Tucson?
Tucson courts often award spousal support when the lower-earning spouse in the divorce lacks the financial resources to support themselves. This may be caused by the spouse being unemployed or underemployed. These things frequently happen when one spouse has forgone education or a career to be a stay-at-home parent. A long break from the workforce can make obtaining a good paying job difficult.
Basically, if there is a large difference in the incomes of spouses, and it’s a marriage of long duration, it is typical for the courts to order the higher earning spouse to pay the lower-earning spouse support. The key is what is considered a marriage of long duration? It is not hard a definite number of years that you are married. To be safe, anything over 10 years usually is going to be considered a marriage of long duration. Marriages of less than 10 years are still eligible for spousal maintenance, though it may only be for a shorter period of time.
Tucson Family Law FAQ’s
Our Tucson Divorce Lawyers take a look at some of the most frequently asked questions regarding family law issues in Tucson. Our experienced Tucson Family Lawyers have helped hundreds of people in Pima County with family law issues such as: Divorce, Child Custody, Child Support, Spousal Support (Alimony), Modifications, Protection Orders, Paternity, Tucson Estate Planning, and Asset Protection.
What does it mean to have sole custody of my child in Arizona?
If you split up with the parent of your child, you will need to figure out a custody plan that lays out how you intend to co-parent. Arizona divides custody into two types: legal custody, also known as legal decision-making, and physical custody, also known as parenting time. When the parents split custody of their child, even if it’s not exactly 50/50, this is called joint custody. Also, when one parent has all the legal decision-making authority, this is called sole legal custody. Thus, when one parent has all the parenting time, it’s called sole physical custody. So if someone says that they have sole custody of their child, they probably mean that they have sole legal decision-making and sole parenting time. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Is custody all or nothing? In other words, does a parent with sole physical custody automatically have sole legal custody, and vice versa?
Oftentimes, physical and legal custody determinations will coincide- a parent with physical custody rights will usually have legal custody rights, and the inverse is true as well. But it also isn’t unheard of for the courts to issue hybrid custody orders. Here, a parent may not have legal decision-making rights, but still have parenting time with the child. In certain situations, like if one parent is deployed in the military, a parent may have no physical custody but have legal decision-making rights. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Can the other parent ever see our child if I have sole physical custody?
You may still want your child to have a relationship with their other parent, even if you have been awarded sole custody. Your child can still have visitation with their other parent, or time together where the child doesn’t go to the other parent’s house or spend the night. In some instances, it may even be appropriate for that visitation to be supervised. When the court orders supervised visitation, it can either be a family friend or relative designated to supervise visits, or a neutral third party agency. A parent with supervised visitation will generally not be awarded legal decision-making. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Do I get sole custody of my child if the father isn’t on the birth certificate?
Your child’s father doesn’t have the right to legal or physical custody of your child unless paternity has been established. This can be done in a limited number of ways in Arizona. First, listing a father on the birth certificate is one way to establish paternity, which of course can be rebutted. If the mother was married when she gave birth, her husband will be assumed to be the father. The same can be said if the parents were married ten months before the mother gave birth. The parents can also sign an affidavit affirming that the man is the father of the child. If none of the above are possible, the father’s identity will need to be verified through DNA testing. Either parent can petition the court to order DNA testing of the child and the father. If the results come back as a match of 95% or higher, paternity will be established. Keep in mind that if you don’t establish paternity in order to maintain sole custody, you also won’t be entitled to child support from the father. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Will the judge order sole custody if I have been my children’s primary caregiver?
Arizona Family Court judges have certain preferences when it comes to issuing family law orders, which are sometimes called presumptions. In Arizona, there is a presumption that it is beneficial for the child to have a relationship with both parents. In fact, there is also a presumption that the child should have equal amounts of time with each parent, or as close to equal as possible. Therefore, don’t assume that you will be awarded sole custody just because you have been the one primarily responsible for childcare during your relationship. The judge will only award one parent sole custody if there is a compelling reason for doing so. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
How long will sole custody orders last in Tucson?
In most cases, without intervention, child custody orders will last until the child turns 18 years old. However, when a situation changes, it may be possible to seek a child custody modification. Arizona’s family law judges will only grant a child custody modification if there has been a “substantial and continuing change in circumstances.” Additionally, you must wait at least 12 months since the previous custody orders were issued before seeking a modification. However, if the current custody orders are putting the child in danger, the other parent can seek an emergency custody modification at any time. Contact our Tucson Family Lawyers for additional assistance. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Do I still have to pay child support if the other parent has sole custody?
Child custody and child support are related but separate issues. Just because one parent has sole custody of a child doesn’t mean that the other parent’s obligation to financially support that child is necessarily cleared. This only occurs when the noncustodial parent’s parental rights are terminated. The parent would also lose all rights to contact and have a relationship with their child. Voluntarily or involuntarily terminating a parent’s rights is a separate process than child custody and child support. See our other articles or contact our Tucson Family Law firm for your free consultation if you’d like more information on that subject. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
Do I need to hire an experienced Tucson Family attorney if I am seeking sole custody of my children?
If you want sole custody of your children, you probably have serious reasons for that. But unless you can prove why you’re having sole custody would be in your children’s best interests, the court isn’t going to issue sole custody orders. You will need clear and persuasive motions, compelling evidence, and clearly articulated arguments to convince the judge. This kind of knowledge and skills can be acquired through research, but attorneys also have the real-life experience and formal education and training that most parents simply don’t have. SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED TUCSON, ARIZONA FAMILY LAW ATTORNEY
With precious time with your children, as well as the right to make decisions about their upbringing, on the line, you should probably consider retaining an Arizona family law attorney to represent you in the matter. At My AZ Lawyers, our dedicated family law attorneys and paralegals have decades of experience handling all types of family law cases. Our Tucson Divorce Attorneys offer competitive hourly rates and affordable payment plan options. To learn more, call or use our online form to request your free consultation today.
GrandParents’ Rights in Tucson, Arizona
Tucson Grandparents’ Rights Lawyers
In Tucson and throughout Arizona, it is becoming more common that parents may be incapable of properly caring for their child, due to a drug addiction, mental illness, or a myriad of other reasons. When a situation like this arises, it is possible for grandparents to obtain visitation rights, full or partial custody, and even child support for an improperly cared for grandchild.
Our Arizona Family Law Attorneys in Tucson, AZ assist the grandparent in proving that they have been the psychological parent to the child and work to achieve court orders for custody.
If you are a grandparent in Tucson or from Arizona and you feel that your rights as a grandparent are being challenged or compromised, our empathetic family law attorneys may be able to assist you. Our Tucson grandparents’ rights attorneys will listen to your individual circumstances, advise you of your rights as a grandparent, and ultimately help you proceed forth with the best course of legal action.
ABOUT OUR TUCSON FAMILY LAW FIRM
The Tucson family law attorney and staff members at My Arizona Lawyers work diligently to keep our fees low while aggressively representing the best interest of our clients. Our thoughtful and experienced Tucson divorce and family law attorneys are here to work with you every step of the way. No matter how big or small your case, our dedicated family law staff will provide full support and guidance throughout all of your family law needs.
If you would like further legal insight into your rights as a grandparent, please, contact our experienced Tucson family law lawyers today.*Disclaimer: The information
