Family law affects families in a way that no other area of law does. Private relationships are brought into the courtroom after a husband and wife, or mother and father, make the decision to no longer be together. Parents who have minor children in common, but who cannot agree, seek the courts assistance with issues such as parenting schedules, physical custody of the children, and child support. The court makes its decision after considering what it believes to be fair, equitable, and in the children’s best interest.

Whiting Legal offers representation in matters of divorce, child custody, child support, and grandparent’s rights. We give every effort to obtain a favorable outcome that is fair, equitable, and in the best interest of your children. The court will not always see things from your point of view. At times, the court needs help understanding the facts and circumstances surrounding your case. We have experience with presenting cases in a manner that allows the court to see our client’s perspective. We are dedicated to guiding our clients through their tough time.

Below is a brief description for each area of our family law practice. To see how our services may fit your particular needs, contact us to schedule a consultation.

Dissolution of Marriage (Divorce)

In Arizona, neither spouse needs a reason to leave a marriage. There must only be a claim that the marriage is “irretrievably broken with no chance of reconciliation.” Also, at the time of filing, one of the parties must have been a resident of Arizona for at least 90 days. Once service is complete, in a divorce without children, the proceeding moves towards final orders regarding spousal support (alimony), property division, and dissolution of the marriage, or in a divorce with minor children, toward all issues previously mentioned with the addition of legal decision making, parenting time, and child support.

Child Custody (Legal Decision-Making)

Custody of minor children is commonly referred as “Legal Decision-Making” in the Arizona Family Law Court. “Legal decision-making” can be defined as the legal right to make legal decisions for a child in regards to education, healthcare, and religion. The court determines legal decision-making based on various factors, and will award either joint legal decision-making, sole legal decision-making, or joint legal decision-making with one parent having final say.

Child Support

In Arizona, child support is determined by the child support guidelines. The child support guidelines are in place to provide minor children with reasonable support. The court considers this obligation to be priority over all other financial obligations. To determine child support, the court considers many factors including the financial resources and the duration of parenting time of the parents.

Grandparents’ Rights

Generally, the court prefers to keep children with one or both of the parents. However, there are times where this is not possible or not in the best interest of the minor children. In this instance, grandparents have the opportunity to petition the court for legal decision-making (custody). In such cases, grandparents/non-parents must show the court that it would be significantly detrimental for the minor children to be in the care of the parents. In situations where custody is unlikely to be granted to a non-parent, but the disagreement between the parents prevents the grandparents from spending time with the minor children, the grandparents may petition the court for visitation rights.