Blog | Sheldon & Stoutner Family Law

Understanding and Engaging with a Parenting Coordinator

October 30, 2019 By Nicole Stoutner

By Launi Jones-S heldon, Partner at Sheldon & Stoutner

Parenting Coordination is a relatively new process that is being used throughout Arizona and in other jurisdictions across the country. The purpose of parenting coordination is to provide a faster, less expensive, and informed solutions to disputes that occur between high-conflict parents regarding child related issues.

Parenting Coordination is a hybrid type of alternative dispute resolution process. In Arizona, the parties must first agree that a Parenting Coordinator may be appointed by the court pursuant to Rule 74, Arizona Rules of Family Law Procedure. Parenting Coordinators can be lawyers or mental health professionals. However, they are required to complete certain mandatory pre-requisites before being added to a court’s mental health roster. Once a Parenting Coordinator is appointed, his or her role is to first attempt to resolve parenting disputes through mediation and by modeling or teaching appropriate and healthy co-parenting techniques and communication. If this is unsuccessful, the Parenting Coordinator becomes an arbitrator who then must make an informed decision resolving the parent’s dispute after considering each parent’s positions and evidence. Finally, a report is generated describing the dispute and addressing any agreements or decisions.

Before meeting or speaking with a Parenting Coordinator for the first time, a parent should follow all procedures and complete any requested forms. Parenting Coordinators do charge, and most require a retainer to begin work. Although much of a Parenting Coordinator’s work can be done over the phone and through e-mail, many Parenting Coordinators prefer one of the initial meetings with a parent to be in-person.

Most importantly, whenever a parent engages with a Parenting Coordinator preparation is key to success. To provide an example of a dispute that might go before a Parenting Coordinator: Imagine that a parent wishes to take the children out-of-town for a family event during the other parent’s parenting time. The other parent refuses make-up time and will not agree to the requested out-of-town travel. Assuming this dispute is brought to a Parenting Coordinator, during the meeting and in all paperwork, a parent will be more successful by focusing on this issue only and presenting thoughtful reasons as to why their request is in the best interests of the children. A parent should also be prepared to show the Parenting Coordinator all good-faith efforts made to work with the other parent to resolve the problem. Parents should avoid focusing on issues not relevant to the dispute or general complaints about the other parent.

At Sheldon & Stoutner, attorney Nicole Siqueiros-Stoutner is a trained and experienced Parenting Coordinator who appears on the Maricopa Superior Court’s Roster of Mental Health Providers. Attorney Launi Jones-Sheldon’s business: Strategic Legal Services provides one-on-one preparation services for clients who are working with a Parenting Coordinator. Call Sheldon & Stoutner today at 480.531.1740 to learn how we can serve you as an appointed Parenting Coordinator prepare you for working with a Parenting Coordinator.

This Blog is made available by Sheldon & Stoutner for educational purposes only, as well as to give you general information and a general understanding of the law. It is not to provide specific legal advice. By using this blog you understand that there is no attorney client relationship between you and Sheldon & Stoutner and/or the attorney author. This blog should not be used as a substitute for competent legal advice from a licensed Arizona attorney.

Temporary Orders in Arizona

October 23, 2019 By Nicole Stoutner

Sometimes, before a case is finalized in a final order or Decree, the parties need the Court’s assistance to enter temporary (short term) orders regarding such contentious issues as the division of property and debt, exclusive use of a residence, child custody, child support, spousal maintenance, attorneys’ fees, and other issues. Temporary orders are especially important in larger counties, like Maricopa County, in which a family law case can take many months to complete. And, parties who are unable to agree are left in limbo waiting for a final ruling. Temporary orders remain in place until a final decree or order is entered in a case.

To obtain temporary orders there are few different options. In most cases requiring temporary orders, a party will file a motion or petition for temporary orders with notice requesting the Court enter temporary orders relating to the issues in dispute. The Court will set a hearing and then the petition or motion, along with the hearing information, will need to be served on the other non-requesting party. At the temporary orders hearing, the Court will hear evidence and enter temporary orders. These hearings are usually shorter in length (30 minutes to an hour), but they do require ample preparation. It is imperative you have experienced representation by a seasoned attorney because the temporary orders entered will be in place for the following months or even years while your case is pending.

On occasion, circumstances require a party to request the Court enter an emergency temporary order and to enter that order “without notice” meaning without serving the other party prior to the the Court’s entry of the emergency temporary order. Pursuant to Rule 48, Arizona Rules of Family Law Procedure, a petition for temporary orders without notice must contain specific grounds in support of the requested emergency orders. The grounds to obtain a temporary order without notice require the requesting party to show that he/she or a child will be “irreparably injured” or “irreparable injury, loss or damage” will result to property of the requesting party. Even though emergency temporary orders do not require formal service until after they are granted, the party or attorney requesting the orders must outline their attempts to notify the other party or explain why notifying the other party should not be required. Following the entry of emergency temporary orders without notice, the Court will set an evidentiary hearing very quickly to address the issues set forth in the petition or motion. Obtaining emergency temporary orders is difficult as the petition requires detailed facts and supporting information that meet the legal standard necessary to obtain these emergency orders. The resultant hearing, which will likely be rather short, requires an attorney that can put forth a succinct, yet thorough, case which will convince the court to keep the temporary orders in place following the evidentiary hearing.

At times, temporary orders are incorrectly used to increase the cost and the unnecessary controversy in a case. Instead, the parties in a case may be better served by negotiating a temporary agreement to handle the emergent issues instead of proceeding to a hearing for orders that wll only be in place a few months. However, in certain cases, temporary orders are imperative, especially when children’s safety is at issue. The attorneys at Sheldon & Stoutner know when temporary orders are the only option to protect a client’s children or property. With a combined thirty plus years of experience in family law, our attorneys can competently help if and when you are faced with a family law case requiring temporary orders.

Your Consult Questions, Answered!

September 24, 2019 By Nicole Stoutner

By Nicole Siqueiros-Stoutner, Partner at Sheldon & Stoutner

I’m often asked the same or similar questions each time I meet with a potential client in an initial consult. This post will address a few of these most commonly asked questions and hopefully save you some time and money. I’m going to skip over the obvious questions such as “what is custody?” Instead, I will focus on the less apparent inquiries I receive during those first few meetings.

If I move out of the home I share with my spouse before or during the divorce, do I automatically lose my rights to the home? Is the home abandoned?

No, you will not “abandon” your home or give up your interest in a home if you decide to move out before or during your divorce. There are things you can do to protect the personal property and furniture you leave behind, specifically you should take detailed pictures of all items before you leave. As it relates to the mortgage or repairs for the home, you should attempt to address how these will be paid through agreement and/or consider the payment of a mortgage or other repairs in any temporary orders requests and/or in the final disposition of assets.

At what age can my child decide which parent he or she wants to live with?

The answer is when a child is eighteen years old. There is no magic age before eighteen that will allow the Court to disregard the other “best interests” factors and decide parenting time based solely on a child’s wishes. However, the Court may consider a child’s wishes if he or she is mature enough to articulate them (usually this is done in a child interview with a trained professional). In that scenario and assuming a child evidences a desire to spend more time with one parent over the other, this desire alone will not be determinative for the Court. The Court will still have to review the other “best interests” factors before deciding the parenting time schedule.

I have sole legal custody or sole legal decision-making, so I can just move out of the State of Arizona with my child, can’t I?

No, you cannot. The award of “sole legal decision-making” which is Arizona’s term for “sole legal custody” does not allow a parent to relocate with a child out of the state of Arizona without following the specific requirements and rules set forth in A.R.S. § 25-408.

If I contributed to my retirement before my marriage, does that mean my retirement (even that which I accrued during the marriage) is my sole and separate property and not divided in a divorce?

If you accrued retirement before your marriage, that amount will be your sole and separate portion plus any gains or losses on that amount. It will not be divided as a result of the divorce. However, at the time of a divorce and unless the parties agree otherwise, the Court will divide the community portion of your retirement assets or benefits. This portion is defined as what you contributed plus gains or losses from the date of marriage to the date of service of the petition for divorce.

Shouldn’t my spouse be paying my attorneys’ fees? Why do I have to pay fees now?

As family law attorneys we cannot take cases on a contingency basis. However, we can ask the Court to enter an order that the other party pay all or a part of your attorney fees and costs. While we are negotiating or requesting the Court set a temporary orders hearing, our firm requires you pay an advanced fee to cover fees and costs given the various fees and costs we are required to pay on your behalf.

My significant other and I were never married. But we lived together in Arizona for many years. Is our relationship recognized as a “common law marriage” in Arizona?

No, Arizona does not generally recognize or allow for common law marriage. A few U.S. states do recognize common law marriage. If parties legally achieved a common law marriage in another state, they could be divorced in Arizona assuming certain jurisdictional requirements are met.

Arizona Child Support: Do’s and Don’ts

September 18, 2019 By Nicole Stoutner

By Nicole Siqueiros-Stoutner, Partner and Attorney at Sheldon & Stoutner

If you have ever been in a divorce or custody case, you’ve had to address child support. Child support is a payment from one parent to another, usually on a monthly basis. In Arizona, we use the Arizona Child Support Guidelines to calculate child support. However, parents can agree to deviate from the Guideline amount, or the Court may find a deviation is appropriate. Once a child support order is entered, it may be modified upon a showing that there has been a substantial and continuing change of circumstances.

Here are a few tips when it comes to child support in your Arizona family law case:

NEVER use child support payments as a weapon or a basis for denying parenting time.

ALWAYS remember that child support doesn’t change on its own! It’s up to you to modify, start, or stop a child support order by filing the appropriate paperwork.

NEVER try to deduct child support or tax child support you receive; the payment or receipt of child support does not affect your taxes.

ALWAYS exchange financial information with the other parent pursuant to the requirements of your child support order (usually every twenty-four months).

NEVER assume the application of the Arizona Child Support Guidelines is simple. Rather, there are many moving parts that can make the calculation of child support and application of the Guidelines difficult. Consult with a lawyer to assist you in the calculation of child support.

ALWAYS pay all child and spousal support you owe and on time.

NEVER forget that a parent’s portion of uncovered medical expenses for the children is a separate claim and is collectable against the other parent.

ALWAYS promptly pursue collection of a delinquent support amount.

NEVER ignore a legal document if you have been served, especially in the case of a Petition to Establish or a Petition to Modify Child Support. If you are served, seek legal guidance quickly as there may be important deadlines and other actions you must undertake in a timely manner.

ALWAYS check your child support payment history online. If you have a non-IV D case, it is easy to obtain an online summary payment history by clicking here.

At Sheldon & Stoutner we will help you understand child support, calculate the support that you owe or that is owed to you, and establish or modify a court’s order regarding child support. Contact Us!

Preparing for Home Visits During a Custody Evaluation

September 12, 2019 By Nicole Stoutner

By Launi Jones-Sheldon, Partner and Attorney

At any time in the custody evaluation process, an evaluator may decide a home visit is appropriate. The purpose is to experience how a parent and child interact and view the condition of the home first-hand.

Typically, evaluators (or individuals they hire to assist them with home visits), plan to spend 2-3 hours observing a parent and child, as well as the child’s and parent’s interactions with other family members. A home visit may include observing the parent and child cooking and eating a meal together, playing a game or with toys together, or working on homework together. It also will include a review of the areas of the home in which a child may play, sleep, and eat.

Parents can practice the activities they plan to engage in with the children prior to the home visit. I recommend parents start approximately two weeks before the planned visit. This is not coaching, rather it is ensuring that he/she is presenting the best picture of their home and parent-child interaction. It should not appear as though a parent has not even considered the evaluation or failed to complete prepare for the home visit. In fact, the evaluator expects parents during home visits to put forth their best self and make good choices about the activities they choose in the child’s best interests.

Tips for the home visit:

Parents should have the house and child’s room cleaned at least two weeks prior to the home visit, and keep it clean for the home visit. This includes ensuring there are age appropriate toys, clean clothes, clean diapers, trash/dirty diapers removed, food in the refrigerator, and age-appropriate childproofing throughout the house (plug covers, anchored furniture, medications or guns out of reach/access, and sharp edges covered). If crawling children are present, consider cleaning the carpets/rugs. It’s a good idea to display children’s artwork or successful school projects/tests such as on the refrigerator. In addition, there should always be a pool fence or pool net, and there should not be animal feces indoors or excessively outdoors.
At least two weeks in advance of a home visit, you should practice playing with children by engaging in several different games or using several different types of toys. Choose activities that the child enjoys and that are age appropriate. Watching television or other electronic devices, or playing video games, is not advised. If a child knows what to expect and has done the activity before, the child is more likely to be happy, comfortable, and cooperative when the evaluator is present. Further, this sort of “practice” prevents frustration and confusion for the child.
During the visit, speak proudly and positively about the child to the evaluator and in front of the child. However, be careful not to brag to the point that it appears unnatural or makes the child uncomfortable.
During the visit, if asked or if appropriate, make positive complimentary statements about the other parent. Do not speak about the case to the child or in the child’s earshot or view. Again, be sure not to appear unnatural when making these statements.
Refrain from whispering to the child in the evaluator’s presence and plan to speak in English unless permitted to use another language.
Have a plan in place for how to discipline or correct the child if that becomes necessary during the home visit. Be careful and thoughtful in discipline or correction of the child. At the same time, do not engage in discipline that is so out-of-character as to alert the child (and the evaluator) that you are “acting” and not being genuine.

To learn more, please visit the Strategic Legal Services website at https://www.strategiclegalservicesaz.com/

Understanding and Engaging with a Parenting Coordinator

Temporary Orders in Arizona

Your Consult Questions, Answered!

Arizona Child Support: Do’s and Don’ts

Preparing for Home Visits During a Custody Evaluation

Dedicated & Professional

Reach Us Anytime.

Professional & Invaluable

EXPERIENCED & PERSONAL

HONEST & LEVEL HEADED

THANKS NICOLE!