What is a Default Divorce?

If you're a father facing divorce proceedings in Mesa, NV, it's important to proactively defend your parental rights and stay involved in your children's lives. A lawyer can help you understand all your rights and protect them. Parental Rights Considerations for Mesa, NV Fathers Many fathers still believe the court will default to giving the mother custody and preference for day-to-day care, or that equal time with their children is somehow harder to obtain. Arizona law, however, treats both parents as equal by default and may not prefer one parent over the other because of gender. Every decision about legal decision-making and parenting time has to be made according to what's in the best interests of the child. Best Interests of the Child Rule How does the judge decide what's in the child's best interests? The court will consider a wide range of factors, including: The history (and future potential) of your relationship with the child How the child gets along with each parent and with siblings How well the child has adjusted to home and school The child's own wishes ( if the child is mature enough to express them) The mental and physical health of everyone involved Which parent is more likely to support frequent and meaningful contact with the other parent Any history of domestic violence or abandonment or false reports of abuse Involvement of each parent in the child's life so far Other evidence you and the other parent may present Making Decisions and Having Custody Legal decision-making and parenting time are separate questions for the court. Legal decision-making involves having a say in all the child's major life choices, like where they go to school, their medical care, their religious upbringing or lack thereof, etc. Parenting time is about where the child sleeps, who handles school drop-offs, when the child spends time with each parent, and how holidays and vacations are split. With both decision-making and parenting time, the court can award either joint or sole authority. Just because the parents have shared legal decision-making rights does not automatically mean they will have equal parenting time. And just because you don't have the same parenting time doesn't mean you've lost your right to take part in major decisions. The court will default to shared decision-making unless there is very clear evidence that one of the parents shouldn't have that right. Knowing About Your Child You also have the right to access your child's educational, medical, and other records, regardless of what the court determines about parenting time or decision-making. Unless a court actually issues an order that restricts that access, which is very rare, both parents are entitled to the same information. Child Support Child support also doesn't favor one parent or the other; you're not required to pay it just because you're the father. Instead, it's calculated by a statutory guideline that considers both the parents' incomes and the amount of parenting time each has. You cannot be denied parenting time because you owe support, and you cannot withhold support because you are unhappy with the parenting schedule. If you're a father facing divorce, contact the Law Office of Cosmas Onyia for a free consultation. We've served the Avondale, Chandler, El Mirage, Glendale, Goodyear, Mesa, Scottsdale, Surprise, and Tempe, AZ areas for over three decades.

When parents separate, one of the most important issues that has to get worked out is how to sort out living arrangements and decision-making for their children. Talking with a child custody attorney here in Phoenix, AZ can give you a clear understanding of what the laws are and how they're likely to affect your family situation. Child Custody Factors that Phoenix, AZ Courts Take Into Account Arizona law directs the courts to give legal decision-making power and parenting time based on what best serves the child's overall well-being. Many parents reach an agreement themselves about how to deal with these issues, and most of the time the court will accept the parents' plan so long as it is well thought out and clearly in the child's best interests. When parents cannot agree, the court will decide, and the court will consider a number of factors. Some of the most important are: Parent/Child Relationships The first factor is the past, present, and potential future relationship between each parent and the child. The court will look at who has handled daily care of the child, attended events, helped with homework, and stayed in regular contact. The history is important because consistency matters so much for children. Other Family/Friend Interactions The court will also consider how the child interacts with siblings, extended family, and any other adults who play a big role in daily life. If a child has strong bonds with grandparents or step-siblings, the court will often want to keep those connections stable. Child's Views When a child has reached an age and level of maturity where they can form reasonable views, their wishes about where they spend time and who makes decisions will be considered. There's no fixed age at which this happens: basically, the more clearly and maturely a child can articulate not just their preference but also their reasons for it, the more weight their preference will have. However, the child's preference is never the final word in these matters. Mental and Physical Health The mental and physical health of everyone is another key factor, and this covers any conditions that could affect a parent's ability to provide safe, consistent care or meet the child's specific needs. Having a health issue doesn't automatically disqualify someone from parenting time or decision making authority, but the court wants to see how it gets handled and whether supports are in place. Support Which parent is more likely to support the child's ongoing relationship with the other parent? The courts look favorably on a parent that is willing to share information about school and activities, encourage contact, and avoid negative talk about the other parent in front of the child. History of Abuse or Neglect If there's any history of domestic violence or child abuse, this will trigger some presumptions and protections under the law. If one parent used coercion or duress to get the other to sign an agreement, for example, or if someone has been abusive or neglectful, those things will count heavily against them. However, false reports of abuse or neglect are also very serious and something a judge must consider. For help with your child custody situation, separation, divorce, or any other family law issue, contact us today at the Law Office of Cosmas Onyia in Phoenix, AZ. We also serve families in Mesa, Avondale, El Mirage, Glendale, Goodyear, Scottsdale, Surprise, and Tempe.

If you want to establish all your rights as a father, or if you're a mother struggling to get your child's father to own up to his responsibilities, talk with a Mesa, NV paternity lawyer. A local lawyer who knows Nevada law and the process of establishing paternity can help you protect your rights and your child's future. What Does “Establishing Paternity” Actually Mean? To establish paternity is to formalize the legal relationship between a father and child, and it's necessary in cases where the parents are not married. This step gives the father standing to request custody or visitation and gives the child the right to receive financial support, health insurance benefits, inheritance rights, and access to important records. There's a couple ways to go about this in Nevada, depending on your situation. How Nevada Law Decides Paternity For Married Parents If the mother was married at the time of the child's birth, her husband is generally considered to be the legal father unless a court order says otherwise or both the mother and the alleged father have signed a Voluntary Acknowledgment of Paternity to the contrary. For Unmarried Parents For parents who were never married, there is no automatic presumption about who the father is, so paternity must be established through one of the available methods: Voluntary Acknowledgment of Paternity Judicial order DNA genetic testing If both parents sign a voluntary acknowledgment of paternity and file it with the State Registrar of Vital Statistics, that is enough to establish the father's rights and responsibilities. The court can also declare a man the legal father of the child through a stipulation order, either after a court hearing or by default if the mother claims a man is the father and the man does not challenge it. The final option is DNA testing. When to Talk With a Paternity Lawyer in Mesa, NV The voluntary route works well for cooperative parents, but when you're in a situation where there's disagreement, there are prior legal presumptions that someone else is the father, or if you need to address custody and support at the same time, it's a good idea to get an attorney. An attorney can review your specific facts, prepare accurate court documents, arrange for proper service of all court documents on the other party, and represent you during any hearings or negotiations. They can also request genetic testing and protect your rights throughout the case. What Happens Once Paternity Is Established? What happens next depends on the situation. The mother can, for example, now ask the court to set child support. The father can now request a parenting plan that gives him custody and visitation. The Nevada courts will make those decisions based on the best interests of the child and their preferences, though their preferences are never the deciding factor. Establishing paternity protects a child, gives a father his rights, and allows a mother to seek the support she needs to raise a child. For help with your paternity concerns, contact us today at the Law Office of Cosmas Onyia for a free consultation. We serve families in Mesa, Avondale, Chandler, El Mirage, Glendale, Goodyear, Scottsdale, Surprise, Tempe and throughout the region.