Legal Question in Family Law in Arizona

The mother of my 2 and a half year old daughter has sole custody of our daughter. We both agree on having how much i see our daughter, we have came up with a schedule of alternating full weeks for the entire year so i would have her for half of the year. How does that effect my child support? and do we file joint physical custody or since she has sole custody can we even do that? Please help


Asked on 5/09/11, 6:45 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, the court will accept any schedule that parents agree is in the best interests of their child, regardless of whether the legal custody is sole or joint. If you will be alternating weeks, you will share essentially equal parenting time, so it would be a good idea to determine whether it is also best for your daughter to share legal custody (or have some mechanism so you can be involved in decision-making). Parenting time is one of the factors that is considered in a child support calculation, so you may need to recalculate the obligation based on the updated circumstances. I recommend you speak with an attorney in the county where your court case is filed for specific guidance regarding these issues.

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Answered on 5/09/11, 8:05 pm
Rich Peters R.J. Peters & Assoc., P.C.

How much time you spend witht the child DOES affect how much support you pay. BUT, I would need to know more to run an calculation.

Your modification can be easily accomplished by a Stipulation and and new Order.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 5/17/11, 7:22 am


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