Tips from Chandler family law attorney

Divorce brings many changes, but one thing remains constant—you are still a parent. As difficult as this transition may be, your presence and role in your child’s life remain as important as ever. Regardless of how your relationship ended, your child’s well-being should stay at the center of every decision you make moving forward.

Navigating custody arrangements in Arizona can feel overwhelming, especially when emotions are running high, and the future seems uncertain. However, understanding the process empowers you to make informed decisions that truly support your child’s best interests. Whenever possible, Arizona courts encourage parents to reach a custody agreement on their own. Reaching an agreement outside of court gives you more control over the outcome and can help reduce conflict during an already emotional time.

Knowledge is power—especially when navigating legal matters involving your child. That’s why having trusted support by your side is so important. At Shaffer Family Law in Arizona, we understand the complexities of custody cases and prioritize your child’s well-being while helping your family achieve stability and peace of mind.

Understanding Child Custody Arrangements in Arizona

• Types of Custody Arrangements: In Arizona, child custody is divided into two key areas: legal decision-making, which involves major decisions about the child’s education, healthcare, and other important matters, and parenting time, which determines where the child lives and outlines their daily schedule.
• Joint or Sole Legal Decision-Making: Parents can either share the authority to make important decisions for their child (joint), or one parent may be granted the exclusive right to decide (sole). In sole legal decision-making, although both parents can discuss important issues, the parent granted sole legal decision-making has the final authority if disagreements arise.
• Parenting Time: This refers to the schedule that determines when a child spends time with each parent. While children often live primarily with one parent, Arizona courts prioritize ensuring regular, meaningful, and ongoing contact with both parents—unless there are concerns for the child’s safety or well-being.
• Parenting Plan: When parents agree on custody arrangements, they can submit a parenting plan to the court that outlines legal decision-making, parenting time, holiday schedules, communication guidelines, and dispute-resolution methods. Once approved by a judge, the plan becomes a legally binding court order. Both parents must adhere to its terms, and failure to comply can lead to legal consequences.

Get Trusted Legal Help for Child Custody Matters at Shaffer Family Law

Divorce is challenging, and disagreements over parenting time, legal decision-making, or parenting plans can add significant stress. When parents can’t reach an agreement, the court will intervene and establish a plan focused on the child’s best interests. Factors considered include the child’s relationship with each parent, their adjustment at home and school, any history of abuse or domestic violence, and the child’s preferences if they are mature enough to express them.

Having an experienced attorney means you don’t have to carry the legal weight alone during this emotionally taxing time. At Shaffer Family Law, we’re committed to helping parents across Maricopa County and nearby areas secure custody arrangements that not only protect their parental rights but also place their child’s well-being at the heart of every decision. Whether through negotiation or litigation, we are dedicated to finding lasting solutions that support your family’s future. Call us at (480) 470-3030 or visit our website to schedule your appointment today.

Sometimes, marriages don’t unfold the way we imagined. What once felt full of hope and connection may now feel strained or uncertain. While divorce is often seen as the default path, it’s not the only option. In Arizona, legal separation offers an alternative that allows couples to live apart while remaining legally married. Like divorce, it provides a structured way to address important matters such as child custody, spousal support, and property division —without fully ending the marriage. Since the marriage is not legally dissolved, neither spouse can remarry.

Some couples choose legal separation over divorce for various reasons—often due to religious beliefs, financial considerations, or the hope of reconciliation. It allows them to stay legally married while retaining benefits like health insurance, social security, or military eligibility. Legal separation can also be a practical option for those unsure about divorce, offering time and space to work through issues, especially when children are involved and emotional stability is a priority.

While a legal separation may seem less serious than divorce, both carry significant legal weight. As court-ordered processes, they impose enforceable obligations and responsibilities on both spouses and should not be taken lightly. Having a dedicated divorce lawyer from Shaffer Family Law by your side can make all the difference when navigating legal separation—or simply exploring your options. While the steps outlined here offer a general overview of how to file for legal separation, working with Shaffer Family Law ensures your rights are fully protected throughout the entire process.

• Mutual Agreement for Legal Separation: Unlike divorce, which can be initiated by one spouse, a legal separation requires the agreement of both spouses to proceed.
• Determine Eligibility: To file for legal separation in Arizona, one spouse must live in the state or be stationed here as a servicemember. The couple must be legally married, and either intend to live apart or have an irretrievably broken marriage. If children are involved, they must have lived in Arizona for six months for the court to address custody issues.
• Filing Process: In Arizona, the legal separation process closely follows the steps for divorce. Start by filing a Petition for Legal Separation—choosing the version “with minor children” or “without minor children,” as applicable. If children are involved, additional forms—such as a Parenting Plan and Child Support Worksheet—will be required. All documents must be filed with the Superior Court in the county where either spouse resides.
• Serve Your Spouse: After filing, the petitioner must legally serve the documents to the other spouse. Once served, the respondent has the opportunity to file a response with the court.
• Finalize the Separation: If both parties agree to the legal separation, they will negotiate a settlement covering key issues such as property division, child custody, spousal maintenance, visitation and parenting time, and child support.

Navigate Legal Separation with Expert Guidance from Shaffer Family Law in Arizona

In Arizona, couples have the legal option to pursue a separation without immediately dissolving their marriage. However, if one spouse objects—and either party meets the residency requirement for divorce—the court may convert the separation into a divorce proceeding. Even when both spouses initially agree to separate, the legal separation can be changed into a divorce at a later time if circumstances change.

Deciding between legal separation and divorce can be overwhelming—but you don’t have to navigate it alone. At Shaffer Family Law, we provide the trusted legal support you need to move forward with confidence. Our experienced team will manage all the paperwork, communicate with the other party on your behalf, and represent you in court if necessary.

Your future matters. Let us help you make informed decisions that protect your rights and peace of mind. Call us today at (480) 470-3030 today to request your consultation online.

Sources:

https://superiorcourt.maricopa.gov/media/e5pon2bh/drlsa1z.pdf

Dating as a divorced parent comes with unique challenges, especially when children are involved. Many struggle with the idea of their parent moving on, and some may even wish for them to remain single. However, putting your happiness on hold indefinitely isn’t fair or realistic. Regardless of past relationships, you deserve the chance to find love again—just like approximately 57% of previously married adults who have remarried.

While remarriage after a divorce is an exciting new beginning, it can also bring unforeseen challenges, particularly when blending families. Emotions such as jealousy, insecurity, or feelings of abandonment may arise—not just in children but in co-parents as well. These feelings can often overshadow the joy of starting a new chapter.

In Arizona, the law places a strong emphasis on maintaining healthy relationships between children and both parents, which can add complexity to the remarriage process. When you and your ex-spouse first developed a parenting plan to establish parenting time (visitation) and legal decision-making (custody) agreements, it was based on the family dynamics and circumstances at the time. But with the introduction of a new spouse, how does remarriage affect your child custody rights and responsibilities in Arizona? Here’s how remarriage can influence custody decisions.

Remarriage and Its Effect on Child Custody Agreements

• Changes in Living Arrangements: Remarriage may come with a desire to relocate, but if the move conflicts with your parenting plan or county guidelines, it could affect your custody arrangements.
• Child’s Well-Being and Adjustment: If the child struggles mentally or emotionally with the new family dynamic, it may signal to the court that the current custody arrangement is not meeting the child’s needs.
• Parental Alienation or Conflict: Courts prioritize maintaining strong relationships with both parents. If a parent or their new spouse interferes with co-parenting or undermines the other parent’s role, the court may modify custody to safeguard the child’s bond with both parents.
• Influence of the New Spouse: Custody may be affected if the new spouse creates an unsafe environment for the child. A history of substance abuse, criminal activity, or neglect may prompt the court to reevaluate custody to ensure the child’s safety.
• Modification of Parenting Time: If remarriage introduces new commitments, increased travel, or other logistical challenges that affect the current parenting schedule, the court may adjust custody and visitation arrangements.
• Financial Impact of Remarriage: Although remarriage itself does not directly alter child support obligations, significant financial changes—such as a parent’s ability to provide a stable home—may influence custody decisions.

Navigate the Complexities of Child Custody and Remarriage with Expert Legal Support from Shaffer Family Law

At Shaffer Family Law, we are dedicated to guiding individuals and families through the complexities of remarriage after divorce. While remarriage doesn’t automatically change child custody arrangements, it can influence existing agreements, both directly and indirectly. Courts prioritize the child’s best interests when reviewing custody modifications. If a judge determines that your new spouse, family dynamic, or living situation is negatively affecting your child’s well-being, your custody arrangement may be reassessed and modified accordingly.

Whether you’re pursuing a custody modification or contesting one, our experienced attorneys are dedicated to safeguarding your rights and ensuring the best possible outcome for you and your child. Call (480) 470-3030 today to schedule a consultation or book online to speak with a member of our team.

Life rarely stays the same—and even the most carefully crafted plans can be disrupted by unexpected changes. When divorce is first finalized, the initial child support arrangement may fit your family’s needs. But over time, circumstances shift, and so do the needs of your children.

As children grow, their financial, emotional, and educational requirements often increase. At the same time, changes in employment, income, or living arrangements may affect a parent’s ability to uphold the original terms of the support order. That’s why Arizona law allows parents to request child support modifications—to ensure your agreement reflects your current situation, not just what was true at the time of divorce.

At Shaffer Family Law, we understand that your child’s well-being is your number one priority—and it’s ours too. If you’re facing a major life transition or your child’s needs have evolved, it may be the right time to modify your existing child support order. A properly adjusted agreement helps maintain fairness for both parents while continuing to meet your child’s best interests. With our knowledgeable support, you can approach the modification process with clarity and confidence.

Top Reasons to Modify a Child Support Order in Arizona

To request a modification of a child support order in Arizona, a parent must demonstrate that a material change in circumstances has occurred since the original order was issued. Some of the most common reasons parents seek a child support modification include:

• Change in Income: A significant shift in either parent’s income—whether from job loss, illness, disability, or other unforeseen financial changes—may warrant a child support modification.
• Changes in Parenting Time: Child support is based partly on how much time each parent spends with the child. If your parenting time increases, you may owe less. If it decreases, your payments could go up. A custody change may justify modifying your support order.
• Changes in Child’s Needs: As children grow, so do their expenses. Rising education costs, increased healthcare, extracurricular activities, and daycare are just a few examples of evolving needs. Updating your support agreement is essential for ensuring their continued well-being.
• Parent Has Another Child: While remarriage alone doesn’t affect child support, having a new child may. If a parent now supports another child, the court may consider adjusting the existing support order to ensure all children’s needs are fairly met.
• Incarceration: If the paying parent is incarcerated, it may be grounds for modifying child support. The court will consider whether the incarceration significantly impacts the parent’s ability to pay and if the change is substantial and long-term.

Get Professional Legal Assistance for Your Child Support Modification at Shaffer Family Law

In Arizona, a child support order can only be modified if there is a substantial and continuing change in circumstances. This means the change must be significant enough to impact the existing order and must be ongoing, not just a temporary shift.

Under Arizona’s child support guidelines, a modification is generally justified if there’s a 15% or greater difference between the current support amount and the recalculated amount based on updated financial information. If this threshold is met, you may qualify for the simplified modification process, which is faster, less formal, and does not require a court hearing. However, if your case doesn’t qualify for the simplified route, you’ll need to go through the standard modification process. This involves submitting updated financial documents, formally serving the other parent, and attending a court hearing.

Navigating a child support modification can be complex, but you don’t have to do it alone. At Shaffer Family Law, we provide trusted guidance every step of the way—from evaluating your eligibility to filing the necessary forms and representing you in court if needed. Reach out to us today at (480) 470-3030 or schedule your consultation online today and let us assist you in achieving a fair and favorable outcome.

Sources:
https://www.ourfamilywizard.com/blog/reasons-child-support-modifications-increasing-decreasing-ceasing-payments
https://www.nolo.com/legal-encyclopedia/change-child-support-order-29956.html

Divorce is often seen as a simple matter of signing papers and moving on, but in reality, it is far more complicated. While some couples separate amicably, most face a challenging and ongoing process filled with legal, financial, and emotional hurdles. Beyond the paperwork, critical decisions must be made about parenting time, child support, property division, and alimony —decisions that will have a lasting impact on your future. This is where mediation or litigation comes in, offering a path to resolve differences and reach a fair resolution.

Mediation and litigation both serve the same purpose, but they are approached in vastly different ways. In mediation, a neutral third party helps couples negotiate terms and find mutually agreeable solutions through constructive dialogue. On the other hand, litigated or contested divorces involve resolving issues through the court system, where a judge has the final say on the terms of the divorce.

At Shaffer Family Law, we understand that overcoming past grievances, hurt, anger, and betrayal to reach an agreement can be incredibly difficult. While a mediator helps facilitate the settlement process, they are not there to represent your interests. Our experienced attorneys are here to provide the support, legal guidance, and advocacy you need to protect your rights and achieve the best possible outcome.

Is Mediation or Litigation the Right Choice for Your Divorce?

Choosing between mediation and litigation depends on your unique circumstances and priorities. Consider the following factors to determine the best approach for your situation:

• Understanding Arizona Laws: In Arizona, mediation is highly recommended for divorce disputes, especially those involving children, and may be required by the court before trial. However, whether mediation is mandatory can vary depending on the specific issues in the divorce and the rules of the county where the case is filed.
• Failure of Mediation: If mediation efforts fail to produce an agreement, litigation becomes the next step to resolve the disputes in court.
• Level of Conflict: Mediation works best for couples who can communicate openly and cooperate, while litigation is often necessary in high-conflict cases where dialogue has broken down.
• Willing to Compromise: Successful mediation hinges on the commitment of all parties to resolve. If one party remains firm on key issues, mediation may fail, making litigation the more viable option.
• Complexity of the Case: In complex divorce cases involving significant assets or contentious custody disputes, litigation is often the most effective path. Mediation, however, is effective for simpler, more straightforward cases.
• Safety Concerns: If domestic violence or abuse is a concern, mediation may not be appropriate. When protecting your children is the primary focus during the divorce, litigation is often the only way to ensure their safety and secure legal protections.

Find the Best Legal Solutions with Shaffer Family Law – Experienced Divorce and Family Law Attorneys You Can Trust

Divorce is a personal and complex journey, and there is no one-size-fits-all solution. While Arizona’s legal system encourages mediation, it’s not always the right choice for everyone. Your unique situation will determine the best approach.

The decisions you make during your divorce will have a profound impact on your life and your family’s future. It’s essential to educate yourself and seek professional guidance to protect your rights and interests. Divorce is challenging, but with the expertise of the attorneys at Shaffer Family Law in Arizona, you will navigate this process with confidence and clarity. Whether through mediation or litigation, we are committed to securing a resolution that allows you to move forward with peace of mind. Call at (480) 470-3030 or schedule your consultation online today.

Sources:

https://azcourthelp.org/browse-by-topic/divorce/divorce-process/divorce-interview/di23
https://www.forbes.com/sites/patriciafersch/2023/11/21/mediation-vs-litigation-when-should-you-mediate-vs-litigate/
https://www.divorcenet.com/resources/divorce-mediation-vs-litigation.html

One of the toughest challenges parents face after divorce is adjusting to less time with their children. While Arizona law prioritizes the best interests of the child and advocates for both parents to share parenting time and legal decision-making responsibilities equally, it’s not uncommon for one parent to seek relocation to another city or state. This decision may be driven by various factors, such as being closer to family, pursuing career opportunities, or seeking better housing or educational options for the child. However, such a move introduces complex legal and emotional challenges that can disrupt custody arrangements and strain the parent-child relationship.

In Arizona, a parent cannot simply relocate with their child out of state or more than 100 miles away from the other parent without meeting specific legal requirements. However, there are exceptions for parents facing unique circumstances such as health, safety, employment, or eviction issues. In these cases, the parent may request a temporary relocation order from the court to address immediate needs.

For all other relocations, the law mandates that the parent planning to move provide written notice to the other parent at least 45 days before the relocation. This notice gives the other parent 30 days to file a petition if they wish to block the move. If an objection is filed, the case will go before a judge, who will assess whether the relocation serves the child’s best interests. The court will carefully evaluate a range of factors to determine the most beneficial arrangement for the child’s well-being.

• The reason for the relocation
• Whether the move is made in good faith or with the intent to disrupt the other parent’s visitation rights
• The chances that the relocating parent will honor the parenting orders after the move
• The child’s wishes, if they are mature enough to express a preference
• Whether the move is motivated by bad faith, such as financial gain or self-interest
• The potential impact of the relocation on the child’s overall well-being and quality of life
• The feasibility of maintaining meaningful parenting time with both parents after the move
• The child’s current, past, and potential future relationship with both parents and how the relocation may impact these bonds

Trust Shaffer Family Law for Expert Legal Guidance on Arizona Child Custody and Relocation

Relocating with your child after a divorce is often a complex and emotionally charged process, especially when the other parent does not consent. During the hearing, both parents will present their evidence, and the judge will evaluate whether the move aligns with the child’s best interests. The burden of proof lies with the relocating parent, who must present compelling testimony and evidence to demonstrate the necessity of the move. If the court approves the relocation, it may result in modifications to the custody arrangement and parenting time schedule, which both parents will be required to follow.

At Shaffer Family Law in Arizona, we know that relocation cases can shape your family’s future. Whether you’re pursuing or contesting a move, our experienced attorneys handle every detail—from filing petitions to presenting a compelling case in court and securing necessary parenting plan modifications. Trust our expertise to navigate the legal complexities and fight for the best outcome for you and your child. Call us at (480) 470-3030 or schedule your appointment online today.

Sources:

https://www.azleg.gov/ars/25/00408.htm

https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html