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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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In the state of AZ, a law was past last January that gives

Customer Question

In the state of AZ, a law was past last January that gives equal rights and parenting time to fathers, but is that a guarantee for equal time? Im going through this right now with my child's father who is only doing this to get out of having financial responsibility for our child.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Hi, thank you for your question. Can you see this?

Customer:

yes I can

Brandon M. :

Great. There is a lot of misinformation out there right now about how the courts order custody time in Arizona. Please allow me to explain the law.

Customer:

The answers just keep popping up repeatedly, can you fix that?

Brandon M. :

The law in Arizona is and has been for decades that custody is determined based on the best interests of the child. This is codified in Arizona Revised Statute 25-403, and has not changed in January. Under this law, the parents already have equal rights and parenting time...

Brandon M. :

No, it seems that you are experiencing a technical glitch that I can't fix. I can switch to a different format if it is too distracting.

Brandon M. :

The other format is not "live", but we will still be able to communicate.

Brandon M. :

You can find a link to the statute here: http://www.azleg.state.az.us/ars/25/00403.htm

Brandon M. :

So it's true that the parents have equal rights, but they have equal rights within the context of what is best for the child. There has been no substantive change.

Customer:

That's ok. I can deal. I had a consultation with a lawyer and she made it sound like the judge I have in my case will automaticly give half parenting time to the father.

Brandon M. :

A child is not like a lamp that you can sell at a garage sale and split the proceeds. I don't give the state legislature much credit, but they haven't messed this one up yet.

Customer:

How do I go about proving that my child is best with me? By the way, he already gets her two days a week.

Brandon M. :

I don't know what the attorney said, but there has been no substantive change in the law. You might want to consider looking elsewhere. Or at the very least, asking specifically what statute it is to which she is referring. To me, it sounds like there was a misunderstanding.

Brandon M. :

You can prove things in court like you prove anything else in life. How would you prove that you went to the grocery store today? You might show a receipt of purchase. You may have a credit card record. Perhaps you ran into someone at the store that recognized you and would remember your being there. Maybe you were issued a traffic citation outside the store's parking lot. You would also have groceries from the store in your home. You know it is true, so you just have to look at your circumstances and figure out how to show someone else it is true too. You don't have to prove it beyond a reasonable doubt--only that it is more likely than not.

Brandon M. :

Does that make sense?

Customer:

That makes sense. So do you think I got a decent shot at keeping my child 5 days a week like how its been for the last 3 years?

Brandon M. :

I wouldn't rely on my estimate. I have only one piece of one half of a story involving a child I have not met, people I do not know, and a case I have not handled. Even if I made that guess, it would be reckless to rely on it under these circumstances. I will say that a child's needs change as the child ages, so after 3 years it makes sense to re-evaluate a custody matter, but that in no way suggests that your custody time should be reduced. Your child is unique and your child's best interests are unique, so I can't say if your child needs more or less time with you since I don't know your child.

Brandon M. :

Did you have any other question?

Customer:

No that's it! Thanks

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 3 other Legal Specialists are ready to help you

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