What to do if you are not allowed to you see your children

By Jessica M. Cotter, Esq.

In Arizona, particularly in the Phoenix area, if the other parent will not allow you to see your children, you can file a motion for temporary orders for parenting time (visitation) and Legal Decision Making (custody).  If done properly then the court should hold a hearing and enter temporary orders so you can have access to your children. To get the court to schedule the temporary orders hearing you need take the following steps:

1.     File a motion for temporary orders, either through your attorney, or using the forms and instructions provided by the court’s self service center. The motion must be signed before a notary, explain why you need the temporary orders, and specify to the court what orders about parenting time you want entered.

2.     After you file the motion you must take a copy of the filed motion and several copies of an order to appear and place it in the judge’s box. Then you wait until they call you to inform you that the order to appear is ready to be picked up.

3.     After you pick up the order from the judges out box then you take a copy of the motion and the order to appear and arrange to have it served by a process server by the date the order states. I recommend you do it as soon as possible.

As you can see this is a complicated process. You can get the forms for this on the Maricopa County Superior court web site. I recommend that you contact us or another experienced family law attorney in your area, for a consultation to discuss your issues.

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

The Law Firm of Jessica M. Cotter, P.L.L.C.

18301 North 79^th Avenue

Suite F-186

Glendale, Arizona 85308

Jessica.Cotter@azbar.org

602-843-3004

We have been serving the Phoenix area since 2007.

The primary focus of the firm is family law, which includes the following: Divorce, child custody, parenting time, child support, spousal maintenance, paternity, visitation, division of assets and debts, and enforcement of child support, custody and parenting time orders. We also assist people with adoptions, wills and trusts, probate, and powers of attorney.

Source: A.R.S. 25-404 and 25-411

What is required in a Parenting plan (visitation) once Legal decision (Custody) making has been determined by the court or agreed to by the parties in the Phoenix, Arizona area.

By Jessica M. Cotter, Esq.

In Arizona, particularly in Maricopa County, the Family Court requires the following to be contained in the parenting plan:

1.     Is there joint legal decision (custody) making or sole legal decision making.

2.     Each parent's rights and responsibly for the care of a child and decisions in the areas of the following: 

             a. Education

             b. Health care 

             c. Religious training

3.    A schedule for parenting time that is practical and that includes holidays and school vacations.

4.    A place and time where drop offs and pick ups of the child(ren) take place and who is responsible  for the driving.

5.    How changes can be made to the plan or what happens if someone does not follow the plan.

6.    How often the plan is to be reviewed.

7.    How the parties are to talk to each other about the child(ren) and how often.

8.    To assure that the parenting time includes protection for the child if there has been domestic  violence.                                                                                                                                               

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

The Law Firm of Jessica M. Cotter, P.L.L.C.

18301 North 79^th avenue

Suite F-186

Glendale, Arizona 85308

On Twitter  @jmcotterlaw

Jessica.Cotter@azbar.org

602-843-3004

We have been serving the Phoenix area since 2007.

The primary focus of the firm is family law, which includes the following: Divorce, child custody, parenting time, child support, spousal maintenance, paternity, visitation, division of assets and debts, and enforcement of child support, custody and parenting time orders. We also assist people with adoptions, wills and trusts, probate, and powers of attorney.

Source: A.R.S. 25-403.02

Factors in Legal Decision Making and Parenting time in Arizona

By Jessica M. Cotter, Esq.

In Arizona, particularly in the Phoenix Metropolitan area, the Family Court looks at several factors when determining Sole or Joint Legal Decision Making (Custody) and Parenting time.  

Those factors are as follows:

1. The past, present, and potential future relationships between parent and child;

2. If there is no agreement, why. Is it reasonable or is it influenced by another issue that does not involve the best interest if the child(ren);

3. The past present and future abilities of the parents to cooperate in making decisions regarding the child(ren);

4. Is it logistically possible?;

5. If one or both parents was charged with false reporting of child abuse or neglect; 

6. The are the wishes of the child(ren) once they are a suitable age?;

7. The child's relationship with other family members or other people that may affect by the child's best interest;

8. Child's adjustment to home, community and school;

9. The health of parties, this includes mental health;

10. Who will allow frequent and meaningful contact?;

11. Whether or not one parent miss lead the court, caused unreasonable delay or caused an increase of legal fees to have the court award that parent more   parenting time or legal decision making;

12. Has there been any coercion of duress in obtaining an agreement;

13. Have the parties taken the parenting class;

14. Has there been domestic violence or child abuse as defined in 25-403.03.

When the court rules on custody, the judge must make specific findings based on the above to justify the ruling.

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

The Law Firm of Jessica M. Cotter, P.L.L.C.

18301 North 79th avenue 

Suite F-186

Glendale, Arizona 85308

Jmcotterlaw.com

Jessica.Cotter@azbar.org

602-843-3004

Source: A.R.S. 25-403.01 and 25-403

The Pour-Over will in your Living Trust

By Harry J. Lenaburg, Esq.

A primary reason for individuals or couples to establish a revocable living trust is to avoid the necessity of the filing of a probate to administer their estate when they die.  In such a trust the settlors, they are the ones who establish the trust, instruct the successor trustee on how to distribute the property.

I am often asked what a pour-over will is then include in the trust package.  There is a relatively simple reason for this.  First, you must understand that the pour-over will direct that any assets not within the trust should be transferred into the trust if a probate is necessary.  When the trust is prepared it is funded by the transfer of the settlors’ assets into the trust.  Real property is titled to the trust, as well as other assets such as investment accounts or other financial accounts.

Unfortunately it sometimes occurs that an asset is forgotten, or perhaps there is an asset that a settlor is unaware of, such as property, such as stocks, left to the settlor by another, but not transferred in.  Another example I can cite is a home that was initially titled to the trust.  When the settlor desired to refinance the home, the new mortgage company required that the home be transferred back out of the trust.  Once the refinance was accomplished the settlor should have again transferred the home into the trust.  Unfortunately, that step was neglected.  The result was that a probate action to transfer the home was required.  The pour-over will then result in the property being transferred back into the trust, for distribution according to the settlor’s estate plan.  The pour-over will is not just another piece of paper.

An experienced estate planning attorney can help you to get your estate plan in order.  You should consult with one whenever there is a life changing event, marriage, birth, a windfall, retirement or when you are unsure of what steps to take to protect you assets and your family.

The Law Firm of Jessica M. Cotter, P.L.L.C.

18301 North 79^th Avenue, Suite F-168

Glendale, Arizona 85308

602-843-3004

Jmcotterlaw.com

Jessica.Cotter@azbar.org

Think about your estate plan

By Harry J. Lenaburg, Esq.

It is human nature for us to hope that we will be able to leave a legacy behind for the benefit of our children and grandchildren.  In doing so it is important for us to think ahead and carefully plan for the distribution of our assets.  Such assets may include bank accounts, life insurance, retirement accounts (401(K), IRA), real estate, and also more personal items such as a memorabilia collection or keepsake items with no potential cash value but value to a family member.
Two important thoughts come to mind.  First, and unfortunately, the passing of an individual often results in family rifts and feuds over even the most seemingly inconsequential items, especially keepsake items.  It is in every ones’ best interest that a list of such items, identifying who is to receive what, is prepared, so that your wishes as to the distribution of these items is documented in writing, not by “mom told me I could have this” or “dad said this would be mine”.
Secondly, when leaving bank accounts or other liquid assets it is imperative that you give thought to the age of the recipient.   Is your child or grandchild sufficiently prepared to receive a substantial sum in cash at age 18?  I submit that proper planning includes your giving thought to the impact such a sudden influx of cash to an 18 year old could lead to.  In the absence of a trust of other estate planning device all of the cash or assets you leave to that child or grandchild must be paid over to the child once he or she reaches 18.
An experienced estate planning attorney can help you to devise a plan that will minimize family conflicts, and also protect your late teenage or early adult children or grandchildren from what might be seen as a ruinous influx of cash before that child is ready to manage their funds.




The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Avenue, Suite F-168
Glendale, Arizona 85308
602-843-3004
Jmcotterlaw.com
Jessica.Cotter@azbar.org

5 things to avoid when involved in a Divorce or Custody matter or other any legal proceeding.

By Jessica M. Cotter, Esq.

1. Do not Blog or post any details of the Divorce process on the internet or any social media site, i.e. Facebook, twitter, tumblr, snap chat, instagram, etc. as this information will invariably be presented to the court and will usually be presented in a light not favorable to you; 

2. Do not put anything in writing or any form that you would not state in court, before the judge or hearing office, since it will be used against you. For example, calling the opposing party a nasty name in an email or text; 

3. Do not deny the other parent time with the children unless there is a court order or CPS is telling you the children must not be around the parent or any situation that places the children in imminent harm; 

4. Do not hide information from the other party, this creates distrust and prevents settlement.  It also causes a judge or hearing officer to question your veracity when you testify; and

5. If the judge asks you a question then listen carefully, and then answer the question that he or she asked.

The Law Firm of Jessica m. Cotter, P.L.L.C.

18301 N. 79th Ave, Ste F-168

Glendale, AZ  85308

602-843-3004

Jessica.Cotter@azbar.org

Be consistent for your children

By Harry J. Lenaburg, Esq.

We are all familiar with how our children will attempt to play mom against dad when the child wants something.  At our house one of the first questions was “what did mom say?” or “what did dad tell you?”.  Children learn early to try to get around the rules, and they refine their attempts as they get older.
What this means for a couple with children who have divorced is that the parents should continue to be consistent in their dealings with their children.  So many tears have been shed, forests cut down to become paper, and dollars spent on attorney fees, counseling fees, court advisor fees, family assessment fees, parenting conference fees and the other costs involved in post dissolution family law matters because the estranged parents do not follow that simple rule.
Certainly there is a place in the system for all of these resources, particularly in abusive situations, or when a parent is unfit, though addictions or other emotional problems.  Every child has the right to be safe.  But let’s not allow the children to manipulate the situation in a way that causes court action and expense when it is the result of children pushing parent’s buttons to get something they want.




The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Avenue, Suite F-168
Glendale, Arizona 85308
602-843-3004
Jmcotterlaw.com
Jessica.Cotter@azbar.org