Coparenting | The Harding Firm

You Can be Rewarded for Co-Parenting Well

Valerie Tanswell — Thu, 09 Nov 2017 22:47:21 +0000

Congratulations Dad, for a job well done. Let’s look at the celebrity case of Ludacris and Ms. Fulller. Ms. Fuller was the primary parent of the parties’ minor child, but she wanted to minimize Father’s presence even further.

Enter – bad behavior. Ms. Fuller mad false reports of child abuse against Father. Father was livid, I’m sure. However, he listened to advice of his attorney and he stayed the course. Over time, the court saw Ms. Fuller’s allegations as misguided attempts to tarry favor with the court.

Since her initial allegations, the court has changed its ruling, allowing Ludacris to be the child’s primary parent. The court also gave him sole legal decision-making (custody), which allows him to make all of the major decisions for the child.

So to recap, Father received a unfavorable ruling, he maintained his best behavior while Mother misbehaved (despite extreme desires to misbehave, I’m sure), and he was rewarded with the bulk of the parenting time and legal decision-making for his daughter.

Way to go, Dad!

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Co-parenting: Dealing with Good People Behaving Badly

Valerie Tanswell — Wed, 08 Nov 2017 22:49:06 +0000

I like being a lawyer. I like the concept that everything I do is governed by the Family Law Rules. But there are issues. Because we are dealing with people’s lives and people’s little people (children), sometimes things are not so cut and dry. All families operate differently and what I would deem wholly out of bounds for my child, may be a habitual experience for yours. So, considering that, judges have to make tough decisions.

But what if the other parent does not even try to follow the court orders? I have rarely encountered two parents, who are both acting reasonably, and who can simply notagree. Don’t get me wrong, when it is time for their “day in court,” both parties send their best representative. But as attorneys, we get to see how the parents behave long before they are “trial ready.”

Typically, there is one parent who genuinely wants what is best for the children, while the other parent is focused on “getting their 50% custody” or something similar. This is tough as we are dealing with people, not things. We cannot divide children. Sometimes it is simply better for the children to reside with the parent who has the more stable lifestyle and have time with the other parent when they are not working 12-hour days.

As with most things, when litigating, there are many factors to consider when determining what is best for the children. When co-parenting, it is important to remember that at some point in time, you liked the person you now despise. Focus on working with them, so your children can have the best that your fellow co-parenter has to offer.

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Questions about Parenting Time? We have answers.

Valerie Tanswell — Thu, 07 Sep 2017 23:03:07 +0000

Parenting time. Most parents what it, and many are confused about what they will receive if they go to court. In Arizona, parenting time (formerly known as “visitation” or “custody”), is the amount of time the child spends with each parent. The court wants both parents to spend as much time with the child as possible, but the guiding force is “the best interest of the child.” The best interest of the child includes a confluence of factors, not limited to the parent’s work schedules, the children’s activities, and the relationship between the parents and the children.

If you have any questions about your situation in Maricopa or Pinal Counties, or you want to chat about your situation, give us a call – 480.442.4142.

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Life Choices and Family Law

Valerie Tanswell — Thu, 11 May 2017 23:15:02 +0000

Full Custody in Arizona = Parenting time and Legal Decision Making

Dear Fellow Followers,
Today’s discussion will explore and shed light on the meaning of the words, “full custody.” I imagine that just about every person at some point in time has heard or perhaps decreed this very phrase in the heat of an argument. But what does “custody” mean? Well I’m glad you asked, let’s briefly dig a bit deeper together.

TODAY’S INTERPRETATION
Some people believe the phrase “full custody” means one parent is the head honcho and usually it is the mother. The rationale behind this thought is that no judge in their right mind would tear a child away from their mother. Well my friends this is wrong, because judges will and do separate children from their birth mothers and birth fathers alike if it is in the best interest of the child. Actually, in Arizona, “custody” refers to both legal-decision making and parenting time.

WHAT THE COURT DECIDES
When it comes to the best interest of the child the Family Court routinely use two distinctive categories: 1) Legal-decision making is when a parent has the ability makes decisions like, what school the child will attend and major medical decisions and 2) Parenting Time is the literal hours that the child spends with a parent during a regular week, holidays, birthdays, etc.

So, the next time you either hear that famous phrase or say it, you should smile to yourself afterwards because now, after reading this blog, you have a little more insight into what the process entails. Stay tuned to future articles defining family law concepts for great folks like yourself. A little bit of advice though…hire a good family lawyer.

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Why parenting time is important

Valerie Tanswell — Sun, 12 Mar 2017 23:28:42 +0000

Parenting time should be frequent and meaningful

Going through a divorce is not only hard on the spouses; it can heavily affect the children as well. Aside from the property division, children are a major point of contention during the dissolution process. While emotions are typically running rampant, the parties should consider what is in the best interest of the children. Parenting time is vital to the development of children. It gives children the opportunity to spend time and build relationships with both parents. By both parents being in their children’s lives, they are able to observe them, learning their behaviors, strengths, and weaknesses. This gives the parents the ability to guide them based on their specific needs.

As parents, it is important to spend quality time and maintain a healthy relationship with your children; whether you are making ice cream sundaes or having deep conversations about beliefs and values. Time spent with children enables them to feel loved, leading them to be more open and expressive.

Additionally, as children develop into adults, their parental interactions teach them what is “normal” behavior. That is, whether one is or is not in the lives of their children, it teaches them the impact of parenting or, in some cases, lack there off. Therefore, it is also crucial to be consistent when it comes to spending time with your children. If you are not consistent, it can leave the child feeling insignificant and unwanted.

Although parenting time issues are thought to be more prevalent when going through a divorce, it is not uncommon for parents who have never married to share similar challenges. When parents are not married, both parties do have the right to equal parenting time. In some cases, the parties are able to resolve custody and parenting time decisions on their own. In others, one party generally has to petition the court to assist in the process.

How to get more parenting time

If paternity has not been established, the party must establish it prior to moving forward. Once paternity is established, the Superior Court then establishes legal decision-making, custody and parenting time for the party’s children.

Are you spending enough time with your children? If you feel as though you are not getting an adequate amount of parenting time give us a call at (480) 442-4142. The Harding Firm is here to advocate on your family’s behalf. Our firm offers legal guidance with integrity. Remember, “Choices change lives. Choose wisely.” – Kina Harding.

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Parents MUST (usually) share the children!

Valerie Tanswell — Thu, 05 Jan 2017 23:29:54 +0000

Believe it or not, if parents decide to separate, there is still one thing that must be shared…their children! Of course it is easy for the parent who has custody to be in the children’s lives regularly, but what about the noncustodial parent? As a noncustodial parent, it can be difficult to spend the quality time that you desire with your children, especially if the parties have not established a parenting plan agreement. If parties are not able to reach a parenting plan agreement on their own, there are a couple of ways to get parenting time.

Before discussing ways the noncustodial parent can get adequate time with the children, let’s dispel some myths about Arizona Family Court. Arizona Family Court believes that father’s rights are the same rights as mothers. Yes, that is correct fathers, you can get joint legal decision making and equal parenting time even as a noncustodial parent. At The Harding Firm, we advocate to ensure that noncustodial parents get the quality parenting time they desire.

Second myth, the court will not force children to go with the noncustodial parent if they testify and say that don’t want to go. Children’s testimony is one of many factors that are considered when making decisions (see A.R.S.403). For additional information, visit the self-service center on the Superior Court of Arizona’s website, you will find some guidelines for parenting time. This guideline outlines these factors and more.

When it comes to noncustodial parents attempting to get parenting time, it can be rather difficult. The parties could agree; however, if parents cannot reach an agreement, either party can petition the court. If you are form savvy, you can do it yourself through the self-service center on the Superior Court’s website. After petitioning the court your case will be heard by a judge. There, the court will decide on a plan based on what is best for the children. Another way to ensure you get the desired parenting time is to hire a reputable firm, like The Harding Firm, to represent you and to advocate on your behalf. Our firm offers legal guidance with integrity. Remember, “Choices change lives. Choose wisely.”

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