Our Divorce and Custody Attorneys Have Over 80 Years Combined Experience

Arizona Divorce Lawyers Serving the Phoenix Metropolitan Area

If you need legal representation in a custody matter, The Sampair Group can help. Our divorce law firm serves clients throughout Arizona and are available for evening and weekend appointments. Contact us online or call today for a free initial consultation.

  • Are women presumed to be better parents or more likely to “win” custody?

    All things being equal, men will do just as well as women in a custody dispute. There is no presumption under Arizona law that women are better qualified than men to parent or that physical custody or any preference should be with the mothers. Men are frequently awarded primary custody of children.

  • What is Parenting Time?

    Parenting time is literally the time that the children spend with each parent. In the past, parenting time has been referred to as both “visitation” and “physical custody.”.

  • What is a Parenting Plan?

    A Parenting Plan is a document that outlines the time that the minor child/children spend with each parent. It also divides a holidays and vacation time. Usually there are also provisions governing the payment of extracurricular activities and unpaid medical expenses. A Parenting Plan is prepared in all custody cases.

  • Do we have to follow the Parenting Plan?

    If the parties are in agreement they do not have to follow the parenting plan on a day to day basis. If they fall out of agreement, they must follow the plan. The initial Parenting Plan is approved by the court, however the parties are allowed to modify the plan in writing on their own if they so agree.

  • Can the children decide who they want to live with?

    Minor children can never decide who they want to live with.  However, the courts do give consideration to the child’s wishes in determining parenting time and custody issues.  The older the child, the more deference given the child’s desires.

  • How is Child Support calculated in Arizona?

    Child support is determined by a formula adopted by the Arizona Supreme Court. The amount of support is determined by adding together the monthly gross income for each party. From that number a basic support amount is determined from the guidelines. The basic support amount is then affected by such things as medical insurance for the child, child care, educational costs, the age of the child, and support of other children.

  • How is the Child Support Paid?

    Usually, child support is paid by wage assignment.  The wage assignment is sent by the Court to the employer of the parent ordered to pay child support.  The employer is required, under federal law and state law, to withhold the child support in pay it over to the Support Payment Clearinghouse.  However, if the employer does not withhold and pay over the child support amount, or pays less than the amount ordered, it is still the responsibility of the paying parent to make sure he/she stays current on the child support. Payments of child support are made through the Support Payment Clearinghouse.  If payments are made directly to the seating parent, assumption is those payments are a gift unless otherwise agreed, in writing, by the parties.

  • What if the parties agree to no Child Support?

    State law requires that the parties tell the Court what child support should have been absent the agreement.  It also requires that the parties provide a good reason to the Court why there should be no child support.  It is up to the discretion of the Court to determine whether to agree with the parties desire not to order child support.

  • Am I entitled to “Back Child Support” if the other parent has not been supporting the children?

    In cases where the non-custodial parent has not been contributing or under-contributing to the support of the children, the court can order up to 3 years of back child support. Additionally, the court can issue an award for unreimbursed birthing expenses.

  • What are Grandparent’s Rights?

    Grandparent Rights are the rights of grandparents to have visitation with their grandchildren.  In general, grandparent visitation occurs during the visitation of the parent related to the grandparent.  Oftentimes, the grandparent and parents are estranged or one of the natural parents is deceased and/or cannot be found.  In those cases, the grandparent can file a petition for grandparent visitation with the minor child.  In determining the level of visitation with the grandparent, the Court will look to the best interest of the minor child in having such visitation.

  • What if the other party has Drug or Alcohol Issues?

    If one parent has reason to believe that the other parent is using illegal drugs or abusing prescription drugs or alcohol, there are many options available to help protect the children. First and foremost, the court can order drug testing through TASC, both urine and hair follicle tests can be ordered. A positive result will result in supervised visitation only until several months of clean UA’s are accumulated. Further options include a family evaluation by a trained professional that can include psychological tests, investigation of medical, mental health, court and other records. This type investigation may include interviews of family members, associates, the parties’ children and others.

  • What is a “Title IV-D” Case?

    A Title IV-D case is generally a case brought by the State of Arizona on behalf of the parent in “possession” of the child, to Order the other parent to pay Child Support. While Paternity is established through the Court, generally no issues regarding Joint/Sole Decision Making or Parenting Time are addressed in IV-D Court, so the other parent must bring a separate action to establish these rights

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Glendale – Arrowhead
17235 N 75th Ave, Suite E-100
Glendale, AZ 85308
Phone: (623) 777-3926
Fax: 623-933-7354

Scottsdale – Kierland
7047 E. Greenway, Suite 250
Scottsdale, AZ 85254
Phone: 480-613-4853

Phone: (480) 618-7008
3100 W Ray Rd, Suite 201
Chandler, AZ 85226