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In Maricopa County, Arizona, What is a Family Law Settlement Conference?

March 16, 2011 by · Leave a Comment
Filed under: Affordable, Agreement, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Cheap Family Law Firm, Cheap Fees, Consent Decree, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Dissolution, Divorce, Divorce Laws, Evidentiary Hearing, Family Law Attorney, Family Law Documents, General Family Law, Grandparents Rights, Great-Grandparents Rights, Maricopa County, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Post Judgment, Settlement 

A settlement conference is an alternative dispute resolution mechanism that the Court will generally appoint and refer parties to partake in prior to a trial or evidentiary hearing. All pre and post decree dissolution cases, paternity and maternity matters, as well as grandparent visitation matters are eligible for referral for a settlement conference.

A Judge Pro Tempore is appointed by the court to conduct the conference and is likewise provided with the authority to enter stipulated orders pursuant to Rules 66 and 67, Arizona Rules of Family Law Procedure (“ARFLP). A Judge Pro Tempore is a neutral attorney who is court appointed to perform specific duties for the courts based on their experience and qualifications. Unlike a parenting conference, parties are allowed and advised to bring counsel with them to this conference. The experienced family law attorneys at Ariano & Reppucci, PLLC provide reliable, proven, and discounted representation for settlement conferences.

During this pre-trial meeting, the Judge Pro Tempore will act as a neutral facilitator, who will evaluate the strengths and weaknesses of both sides in efforts to assist the parties in reaching agreement(s). At a settlement conference, be prepared to provide a general description of the issues in the case, including your views; explain all previous negotiations and results; discuss the possible consequences if your case proceeds to trial; bring relevant financial, property, debt, and income information; bring any other relevant information for discussion, and communicate your needs fully, honestly, and respectfully with the judge pro tempore and the other party and/or their counsel.

If full or partial agreements are reached during the conference, then the ADR office will alert the assigned judge that the parties participated in a settlement conference and a full or partial agreement was reached. Keep in mind that a trial date may be vacated only if full agreements have been reached, resolving all matters.

This is just a basic overview of the settlement conference process. For more information it is suggested that you meet with an experienced Arizona family law attorney. Our law firm is well versed in settlement conference procedure and can be reached directly at 602-515-0841.

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GRANDPARENT RIGHTS IN ARIZONA

February 2, 2011 by · Leave a Comment
Filed under: Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Best Interest, Custody, Family Law Attorney, Family Law Documents, General Family Law, Grandparents Rights, Great-Grandparents Rights, Maricopa County, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Pleadings 
The superior court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights as a grandparent if the great-grandparents were grandparents of the child.

In determining the child’s best interests for great-grandparents visitation rights, the court shall consider all relevant factors, including:

1. The historical relationship, if any, between the child and the person seeking visitation.

2. The motivation of the requesting party in seeking visitation.

3. The motivation of the person denying visitation.

4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child’s customary activities.

5. If one or both of the child’s parents are dead, the benefit in maintaining an extended family relationship

If logistically possible and appropriate the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.

A grandparent or great-grandparent seeking to obtain visitation rights must petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

Finally, all visitation rights granted automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries.

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

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Visitation Rights of Grandparents and Great – Grandparents in Arizona

January 4, 2011 by · Leave a Comment
Filed under: 25-409, 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, Grandparents Rights, Great-Grandparents Rights, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm 

A.R.S. 25-409 governs visitation rights of grandparents and great – grandparents of a child. In particular, a superior court may grant the grandparents of the child reasonable visitation rights to the child during the child’s minority on a finding that the visitation rights would be in the best interests of the child if any of the following are true:

1. The marriage of the parents of the child has been dissolved for at least three months.

2. A parent of the child has been deceased or has been missing for at least three months. A parent is considered to be missing if the parent’s location has not been determined and the parent has been reported as missing to a law enforcement agency.

3. The child was born out of wedlock.

The superior court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights as a grandparent if the great-grandparents were grandparents of the child.

In determining the child’s best interests for great-grandparents visitation rights, the court shall consider all relevant factors, including:

1. The historical relationship, if any, between the child and the person seeking visitation.

2. The motivation of the requesting party in seeking visitation.

3. The motivation of the person denying visitation.

4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child’s customary activities.

5. If one or both of the child’s parents are dead, the benefit in maintaining an extended family relationship.

If logistically possible and appropriate the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.

A grandparent or great-grandparent seeking to obtain visitation rights must petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

Finally, all visitation rights granted automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries.

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

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