A Parenting Plan is a document that outlines the time that the minor child/children spend with each parent. It also divides a holidays and vacation time. Usually there are also provisions governing the payment of extracurricular activities and unpaid medical expenses. A Parenting Plan is prepared in all custody cases.
If the parties are in agreement they do not have to follow the parenting plan on a day to day basis. If they fall out of agreement, they must follow the plan. The initial Parenting Plan is approved by the court, however the parties are allowed to modify the plan in writing on their own if they so agree.
Legal Decision Making is the decision making part of being a parent. Joint Legal Decision Making means that both parents have equal say with regards to major decisions, such as those related to education, health care, sports, social and other activities.
Minor children can never decide who they want to live with. However, the courts do give consideration to the child’s wishes in determining parenting time and custody issues. The older the child, the more deference given the child’s desires.
Child support is determined by a formula adopted by the Arizona Supreme Court. The amount of support is determined by adding together the monthly gross income for each party. From that number a basic support amount is determined from the guidelines. The basic support amount is then affected by such things as medical insurance for the child, child care, educational costs, the age of the child, and support of other children.
Usually, child support is paid by wage assignment. The wage assignment is sent by the Court to the employer of the parent ordered to pay child support. The employer is required, under federal law and state law, to withhold the child support in pay it over to the Support Payment Clearinghouse. However, if the employer does not withhold and pay over the child support amount, or pays less than the amount ordered, it is still the responsibility of the paying parent to make sure he/she stays current on the child support. Payments of child support are made through the Support Payment Clearinghouse. If payments are made directly to the seating parent, assumption is those payments are a gift unless otherwise agreed, in writing, by the parties.
State law requires that the parties tell the Court what child support should have been absent the agreement. It also requires that the parties provide a good reason to the Court why there should be no child support. It is up to the discretion of the Court to determine whether to agree with the parties desire not to order child support.
In cases where the non-custodial parent has not been contributing or under-contributing to the support of the children, the court can order up to 3 years of back child support. Additionally, the court can issue an award for unreimbursed birthing expenses.
Grandparent Rights are the rights of grandparents to have visitation with their grandchildren. In general, grandparent visitation occurs during the visitation of the parent related to the grandparent. Oftentimes, the grandparent and parents are estranged or one of the natural parents is deceased and/or cannot be found. In those cases, the grandparent can file a petition for grandparent visitation with the minor child. In determining the level of visitation with the grandparent, the Court will look to the best interest of the minor child in having such visitation.
If one parent has reason to believe that the other parent is using illegal drugs or abusing prescription drugs or alcohol, there are many options available to help protect the children. First and foremost, the court can order drug testing through TASC, both urine and hair follicle tests can be ordered. A positive result will result in supervised visitation only until several months of clean UA’s are accumulated. Further options include a family evaluation by a trained professional that can include psychological tests, investigation of medical, mental health, court and other records. This type investigation may include interviews of family members, associates, the parties’ children and others.
A Title IV-D case is generally a case brought by the State of Arizona on behalf of the parent in “possession” of the child, to Order the other parent to pay Child Support. While Paternity is established through the Court, generally no issues regarding Joint/Sole Decision Making or Parenting Time are addressed in IV-D Court, so the other parent must bring a separate action to establish these rights
