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Can I Consolidate My Arizona Family Court Matters?

April 9, 2011 by · Leave a Comment
Filed under: 25-403, 25-403.06, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Best Interest, Cheap Family Law Firm, Cheap Fees, Child Support, Custody, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Modification, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Pleadings, Rule 5 

Often times I meet with prospective clients who for example have filed for a modification of child support (simplified) and while that matter is pending the other party or they themselves file for modification of another family law issue, be it custody or parenting time for example. People in this situation often ask if it possible to consolidate both matters together so they are heard by the court at once instead of on two separate occasions.   

Rule 5, Arizona Rules of Family Law Procedure, (“ARFLP”), states in relevant part:

[w]hen actions within the scope of these rules involving a common child, common parties, or a common question of law or fact, are pending before the court, the court may order a joint hearing or trial of any or all the matters in issue in the actions or order all the actions consolidated, and the court may make such orders concerning proceedings therein to avoid unnecessary costs or delay or to serve in the best interest of a minor child.

Therefore, in accordance with the ARFLP, if your Arizona family court matter is one qualifying for consolidation, you have the right to request of the court that both or all issues be heard together at once. As the rule indicates though, the court may deny such consolidation if to do so would not serve the best interest of a minor child. One example where the best interest of the minor child may not be served by consolidation is when a pending petition for modification of child support which asks for an increased monthly amount is before the court in concert with another request, for instance a modification of child custody and/or parenting time.

In this circumstance, it generally will take the court much longer to hear the matters related to child custody and/or parenting time and if child support is to be adjusted and/or increased then the child’s best interest would not be served by delaying that matter to be heard in conjunction with the custody or parenting time issues. This is merely one example and many others should be considered prior to asking the court to consolidate your family law matters. For this reason it is suggested that you contact an experienced Arizona family law attorney or Ryan M. Reppucci at the law firm of Ariano & Reppucci, PLLC to discuss the specifics of your case before making such request of the court.

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Parental Access to Records of Child

January 4, 2011 by · Leave a Comment
Filed under: 25-403.06, 25-408 (k), Access to Records, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Family Law Attorney, Family Law Documents, General Family Law, Phoenix Family Law, Phoenix Family Law Firm 

In Arizona, parental access to records of children is governed by A.R.S. 25-403.06. In relevant text, 25-403.06 states:

A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child’s education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.

B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.

C. A parent who attempts to restrict the release of documents or information by the custodian without a prior court order is subject to appropriate legal sanctions.

Many parents often assume, albeit wrongfully, that parental access to records only applies in situations where the parties share joint custody. This however is not the case. Non-custodial parents are also permitted access to records of their children pursuant to A.R.S. 25-408 (K), which in relevant part states:

Pursuant to section 25-403.06, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would endanger seriously the child’s or the custodial parent’s physical, mental, moral or emotional health.

For more information on this or any other Arizona family law matter, contact the experienced domestic relations law firm of Ariano & Reppucci, PLLC.

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