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arizona-family-court-cases-the-best-interests-of-minor-children

Arizona Family Court Cases & The Best Interests of Minor Children

I. The Best Interests Standard   In Arizona, whenever a family court makes a determination about legal decision-making (custody) or parenting time for a minor child, it is statutorily required to make orders that are in that minor child’s best interests. See ARIZ. REV. STAT. ANN. § 25-403(A). Arizona statute states that absent evidence to …

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Terminating Spousal Support in Arizona Family Law Cases

I. Premarital Agreements & Spousal Maintenance Arizona law recognizes and allows for the enforcement of premarital agreements concerning spousal maintenance. See ARIZ. REV. STAT. ANN. § 25-202. However, there are limits on what a premarital agreement can accomplish. For example, “[i]f a provision of a premarital agreement modifies or eliminates spousal support and that modification …

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Obtaining Spousal Maintenance in Arizona Divorce & Legal Separation Cases

Under certain circumstances, in a proceeding for dissolution / divorce or legal separation, Arizona law allows for an award of spousal maintenance, which is sometimes called “alimony” or “spousal support.” See ARIZ. REV. STAT. ANN. § 25-319(A). It is important to bear in mind that even if a party qualifies for spousal support, the award …

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Grandparents and Third-Party Rights in Arizona Child Custody Matters

In some situations, grandparents and other third-parties may be able to obtain custody or visitation with a minor child. Arizona law makes it a “rebuttable presumption that awarding legal decision-making to a legal parent serves the child’s best interests because of the physical, psychological and emotional needs of the child to be reared by a …

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The Preferences of Minor Children in Arizona Family Court Cases

Arizona courts are required, by statute, to make orders about parenting time and legal decision-making based on the best interests of the minor child. See ARIZ. REV. STAT. ANN. § 25-403(A). A child’s best interests are determined using eleven (11) factors, one of which considers: “If the child is of suitable age and maturity, the …

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