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Tempe Arizona Family Law Blog

My ex spouse wants to move: How will this affect custody?

When you are going through a divorce and a child custody battle, a great number of factors must be considered. In the state of Arizona, as in most other states, the primary basis for determining the type of child custody that will be granted is what is believed the be in the best interests of the child.

However, when your spouse decides that he or she would like to relocate mid-way through the divorce proceedings, you may be confused about how the courts will rule. It is likely that you will be concerned that the courts will grant the other spouse full custody because he or she has been the primary caregiver in the past. Here are the things to consider in such a situation.

What can you do when your ex isn't paying child support?

As a custodial parent, you probably depend on timely and complete child support payments to ensure you can meet all of your financial obligations. From paying your mortgage or rent to buying new clothing and supplies for school, the financial obligations of raising a child never seem to end. Even after the division of your marital property, child support can be critical to your financial stability.

When you aren't getting the support you deserve, based on the court's calculations and order of support, it can leave you in a precarious, even vulnerable position. If your ex won't pay support but has the ability to do so, you need to know your options for having child support orders enforced in Arizona.

4 things you should know about child support

Divorce is never simple, especially when it involves children. Not only will you and your future ex-husband have to divide your marital assets, such as your home in Phoenix, but you have to work out a custody schedule for the kids. Another issue that will be part of your divorce is child support.

Child support is often a very complicated issue. For example, the court typically uses fairly complex formulas to calculate child support payments. Below are a few things you should know about child support laws in Arizona.

Will spousal abuse impact child custody in an Arizona divorce?

Spousal abuse comes in many forms. Physical abuse is the most talked-about form of abuse, and it involves any kind of physical assault or battery of one spouse or the children in the household by the other adult. Emotional abuse can involve a range of toxic behaviors, such as gaslighting, intentionally insulting or belittling a spouse, or undermining his or her authority and value in front of the children or others.There are other kinds of abuse beyond the better known types. Sometimes abuse is sexual in nature, where one spouse forces physical intimacy or sex acts with a spouse who has not consented. It could be financial, which happens when one spouse carefully controls the financial freedom of the other spouse by limiting access to money or carefully monitoring any use of household funds. That can leave one spouse unable to live independently.

Regardless of the form of abuse you've experienced, if you're considering divorce with children, you probably need to know the impact the abuse could have.

An attorney can help victims of domestic violence

Those who have been victimized by intimate partner violence typically feel a loss of their personal power as a result of the abuse they suffered. These feelings of powerlessness can leave victims trapped in relationships and unable to leave.

But an Arizona attorney who is familiar with domestic violence can be a lifeline to desperate spouses. Learn the ways that lawyers can help their clients break free of the chains of pain and abuse.

Understanding community property in an Arizona divorce

One of the most pressing concerns for couples facing a divorce is often deciding how to divide your assets. If you have a prenuptial agreement or if you and your spouse can agree on terms for asset division, you already know what to expect. If you aren't able to agree about who should get what, however, the courts may need to step in and make certain decisions for you.

In general, Arizona looks to fairly divide all marital assets during a divorce. Regardless of income, both spouses will receive a portion of all accumulated assets, from retirement accounts to accrued equity in your home. Debts acquired during the marriage will also get divided between both spouses. In order to understand what assets you may receive, you need to understand what qualifies as community property in Arizona.

Understanding how Arizona parenting laws impact divorce

Arizona is one of many states that has taken steps in recent years to change and update child custody and divorce laws. In fact, the updated code that directs the courts on how custody should get divided doesn't even use the word "custody."

Instead of appointing one parent to receive primary custody or ordering the parents to share joint custody, the courts now allocate legal decision-making power and parenting time.

An order of protection can help you leave an abusive marriage

When you married your spouse, you may not have realized that abuse was in your future. However, after a while, your spouse showed his or her true colors by getting physically aggressive, emotionally abusive or even sexually violent toward you or your children.

Now, you feel trapped and nervous about how to get yourself and your children out of this unsafe environment. City nuisance laws may leave you feeling like you can't even rely on local law enforcement in violent situations.

I have a Covenant marriage: Can I still get divorced?

You both walked down the aisle with idea that this was forever. You didn’t have to choose a covenant marriage—you both chose it because you not only wanted to get married, you wanted another level of commitment that would mean a divorce was not going to be an easy to come by.

While others chose a non-covenant marriage that allows them to divorce simply by proving that the marriage has irretrievably broken down, you chose to limit your options.

Consider mediation for your divorce to protect your children

Divorce is difficult for everyone involved. The parents experience a range of emotions, from liberation to isolation, when ending their primary relationship. For minor children from the marriage, it can be even more emotionally complicated and stressful.

Children often internalize the negativity of a divorce, believing it is their fault or that something they did contributed to the breakdown of their family. The more contentious and acrimonious you and your former spouse become, the harder it gets to protect your children from the emotional consequences of a divorce.


Ashley Donovan Law, PLLC
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Tempe, AZ 85282

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Fax: 480-304-3087
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