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Fathers Rights in Arizona

Posted on : August 10, 2017, By:  Christopher Hildebrand
Fathers Rights in Arizona

Fathers Rights in Arizona

Fathers rights in Arizona presents an interesting issue. Many fathers are not aware they have the same rights in an Arizona divorce or child custody case as a mother has. This misperception that mothers are afforded greater rights than fathers can sometimes lead to a father taking an overly and unnecessarily aggressive posture to protect his rights in his Arizona divorce or child custody case.

Mistakes to Avoid

We are going to address some of the biggest mistakes fathers can fall into in an Arizona divorce or child custody case. We are also going to provide ways to prevent a father from making these mistakes to provide a father the greatest chance of prevailing in his Arizona divorce or child custody case.

If you have already made these mistakes or want to avoid doing so, you should contact our experienced Arizona divorce and child custody attorneys at Hildebrand Law, PC today. Our attorneys have over 100 years combined legal experience and have the knowledge and experienced to navigate fathers through the complex issues that arise in an Arizona divorce or child custody case.

#1 Waging a Financial War of Attrition

Some attorneys may encourage you to wage a financial war of attrition. This tactic involves bombarding your spouse with extensive and prolonged litigation until the other side simply gives up. Unfortunately, it is not that simple. Most divorce attorneys are reasonable and do not promote such a tactic.

However, as like any other profession, there are still some attorneys that are more than happy to take this approach. They do so because his or her client requests this tactic be used or because of their selfish interests in billing a father more attorney fees. An experienced attorney has plenty of clients and does not need to take this approach to run a professional divorce practice.

Fathers Rights in Arizona.

Fathers Rights in Arizona.

 

Arizona statutes, the Arizona Rules of Family Law Procedure, and decisions from the Arizona Court of Appeals and Arizona Supreme Court lay out the path for divorce and family law matters.  These statutes govern issues such as child custody, child support, the division of property and debts, the payment of spousal maintenance, and the payment of attorney fees and expert witness fees.

Waging a war of financial attrition will very likely blow up in your face and result in the exact opposite of what you are trying to accomplish. You must be very tactical in how you execute your divorce or child custody strategy to provide yourself with the greatest opportunity to protect your fathers’ rights in Arizona.

For example, if the court sees you are burying your spouse in overly zealous litigation, the court has the power to issue financial sanctions against you. Arizona revised statute section 25-324 gives the court the authority to punish a party who the court believes is abusing the legal system. As a result, you may not only not succeed in your effort to bury your spouse in attorney fees, but you may actually immerse yourself financially if the court sanctions you.

The other problem with waging a war of financial attrition is that the judge on your case, who has the final say as to the issues in your Arizona divorce case, may become upset with your conduct and rule accordingly. Judges do not want to see cases coming back before them on a future motion to modify orders when one of the parties has taken a litigious path in their divorce case. As a result, a judge who sees a spouse abusing the legal system may grant the other parent sole custody of the children to ensure issues that can occur in a joint custody situation do not find their way back in front of the court.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
A Google User
20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
Google User
14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
A Google User
A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
A Google User
17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

#2 Do Not Be Too Generous in Your Divorce

Some fathers try to enforce their fathers’ rights in Arizona by taking the opposite approach of mistake #1. That is, they choose the strategy of being too generous on the division of assets and debts, spousal maintenance, or alimony out of fear that failing to do so will result in a fight to protect their fathers’ rights in Arizona. This strategy can have a devastating impact on your financial future and is, quite frankly, completely unnecessary.

The Arizona divorce laws provide that property is to be divided equitably (i.e., “fairly”) and that child support orders

Arizona Fathers Rights.

Arizona Fathers Rights.

should be entered only to the extent necessary for the support of the children’s basic needs (i.e., “food, shelter, clothing, medical needs, and sometimes educational needs”).

Being overly generous often times leads a mother to feel more empowered than grateful resulting in an entitlement attitude. It can be damaging to your fathers’ rights in Arizona if your former spouse is unmotivated to work and become self-supportive because she views you as being obligated to pay for everything for her and your children.

#3 Giving Up Your Fathers Rights

Some fathers simply choose to give up instead of fighting to protect their fathers’ rights in Arizona. In the heat of a divorce or a child custody case, they simply want it all over and they may give up their fathers rights in Arizona to bring the divorce or child custody case to an end.

More often than not, these parents regret that decision and have to pay an attorney to undo the mistake they made. We have represented many fathers who have put themselves in this situation and, although we have managed to undo the mistake, it often comes at a higher cost than if the father had not given up their fathers rights in Arizona.

Some fathers have heard that the legal system has a preference for mothers over fathers in an Arizona divorce or child custody case. This is simply not true. The concept of fathers rights in Arizona is not meant to imply that courts favor

Child Custody for Fathers in Arizona.

Child Custody for Fathers in Arizona.

mothers over fathers in Arizona divorce and child custody cases. Courts do not favor mothers over fathers in Arizona. An Arizona statute provides that an Arizona judge may not prefer mothers over fathers in an Arizona child custody case. If a judge violates that law, you have the right to appeal your case to the Arizona Court of Appeals.

Courts have granted child custody orders in Arizona giving both parents equal parenting time and joint legal decision-making. They generally issue such orders when you can prove you are available to personally care for your children during your parenting time and there has not been a history of significant domestic violence, substance abuse, mental health disorders that impact your ability to parent your children or child abuse or neglect by you.

Although every parent’s circumstances are different, it is believed that it is in the children’s best interests to spend as much time with each parent as possible. Enforcing your fathers’ rights in Arizona, therefore, becomes much less about making the mistakes discussed above and more about being the best father you can be for your children. Your children need you to be strong and make the best decisions in your Arizona divorce or child custody case to ensure they spend as much time with you as possible. Do not allow an overly aggressive and zealous attorney to destroy your chance at prevailing in your case.

To prevail, you must be able to explain your position to the court and support that position with evidence. You should do so in an organized and logical manner to ensure the judge understands your position and the evidence submitted in support of that position. Our Arizona fathers rights attorneys create a very detailed plan at the beginning of every case. We then accumulate all of the evidence, which is organized to provide for an effective presentation at trial to protect your fathers’ rights in Arizona.

#4 Not Modifying Child Support or Custody Orders

Arizona Rights of Fathers.

Arizona Rights of Fathers.

Some fathers who find themselves financially devastated in an Arizona divorce due to child support orders or spousal maintenance orders stop paying the support instead of seeking a modification of those support orders. Similarly, many fathers who did not prevail on their initial requests regarding child custody and parenting time give up because they remember the cost of the original divorce.

They may not realize that failing to pay the support ordered can lead to judgments being entered against them, financial sanctions being levied against them, and the accrual of interest on the past due support amounts. They may have to pay their attorney to defend them and may end up being ordered to pay their former spouses attorney fees as well. They may not realize it is much less expensive to pursue a modification case than a complete divorce case because there are significantly fewer issues in a modification case than a divorce case.

Consider this . . . Which is less expensive? Continuing to labor under oppressive support orders and orders that limit your time spent with your children or paying a lawyer to assist you in modifying those orders? In almost every case, it is less expensive to pursue the modification if your attorney correctly concludes you have a basis to change those orders.

So, what do you do now? Take action. Call us to schedule a consultation to discuss your case. We will provide you with a plan to help you prevail in your Arizona divorce or child custody case. Our dedicated team of family law attorneys is committed to protecting your fathers’ rights in Arizona.

If you have a question about divorce and child custody in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix divorce and child custody Arizona attorneys at (480)305-8300.

 


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