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How Does My Mental Health Affect My Child Custody Rights?

In general, your mental health is nobody’s business of your own. When it comes to a child custody dispute, however, it is common for mental health concerns to be brought forward by an ex-spouse or soon-to-be ex spouse. Unfortunately, an ex may bring up a parent’s existing mental health condition(s) in an effort to have their custody rights reduced or revoked.

So, how does your mental health actually affect your custody rights? By having a better understanding of how this all works, you can be prepared from a legal standpoint.

When Mental Health Matters in Child Custody

Ultimately, the goal of any child custody decision is to do what is in the child’s best interests. Therefore, a parent’s existing mental health condition doesn’t necessarily matter so long as the condition is well controlled—whether it be through therapy, medication, or another type of management/treatment.

Typically, a judge will look at two main factors when making child custody decisions with mental health concerns in mind. For starters, the judge will want to make sure that your mental health condition does not prevent you from being self-sufficient. After all, you cannot be expected to care for a child if you have trouble meeting your own daily needs.

Likewise, a judge will want to know that your mental health condition is predictable and/or well regulated. For example, if you have a mental health condition that has led to instances of self-harm or attempted self-harm in the past, this could end up being a concern when it comes to child custody.

If You Have a Mental Health Condition…

Keep in mind that mental health conditions are very common; in fact, it is estimated that more than 50% of Americans will be diagnosed with a mental illness at some point in their lives. With this in mind, simply having a mental health condition does not automatically mean that your custody rights are in jeopardy.

However, if your ex has brought your mental health condition up as a “concern” in your child custody dispute, then it is important for you to understand your rights. Likewise, it is vital that you show as much proof or documentation as possible that your condition is controlled and that you remain entirely self-sufficient.

A Family Attorney Can Help

Looking for assistance in handling your child custody dispute? An experienced family lawyer from The Sampair Group is here to represent you and work with our best interests in mind. Contact us today to schedule your free consultation.

Arizona Guide to Hybrid Child Custody Orders

Struggling with a child custody dispute can lead to serious disharmony within the family unit. When working with a former spouse regarding child custody, individuals are likely to learn about joint custody and sole custody. While these limited options imply black-and-white solutions, the reality is anything but.

If you are negotiating a custody order within the state of Arizona, make sure you have legal representation to guide you through the process. Experts at The Sampair Group have decades of industry experience working in complicated custody scenarios.

Today, we are going to highlight the reality of hybrid child custody orders.

Legal Custody vs Physical Custody

Before the courts determine which type of child custody is right for your family, it is pivotal that we better understand the two forms of custody in general. Custody references the legal parenting and decision-making over a child. Family law judges will often opt to have joint custody to allow the child access to both family members. If the judge doesn’t think seeing both parents is in the best interest of the child, other custody options may be considered.

Parenting Time is also referred to as physical custody. Working with a judge, parents will lay out a parenting plan that shows when the child will spend time with each member of the family. One parent may have legal authority while the other parent has physical custody or even supervised parenting orders.

So, what exactly is a hybrid child custody order?

Hybrid Custody Scenarios

Hybrid custody orders are often decided upon in situations where amenable agreements can be made. Hybrid custody orders are often done when both parents retain a positive relationship with one another as well as their child.

A few other examples of hybrid custody scenarios include:

  • One Parent Is In The Military –  A parent deployed for military service will often yield hybrid custody situations.
  • Injury or Illness – Parents may occasionally or temporarily cede their parenting rights or legal decision-making in the event of an injury or sudden bout of illness.
  • One Parent Is A Doctor – A medical professional parent may want to have the final say on choices made regarding their child’s health.

Every family dynamic is unique and that means taking a custom, you-first approach to your child custody scenario. For residents of Arizona, the team at The Sampair Group can help.

Contact The Sampair Group

The Sampair Group focuses on family law for clients throughout Maricopa County. Providing aggressive and affordable legal representation, The Sampair Group represents clients for complex legal matters including divorce cases, child custody, child relocation, and property and debt division.  With 39 + years of decorated legal experience, Attorney Patrick Sampair leads a distinguished team of attorneys with more than 60 combined years of experience in the field.

Other reasons to contact The Sampair Group for representation include

  • Free Consultation
  • Flat Fees
  • Pay As You Go Service (No Retainer or Deposit)
  • Limited Scope and Full-Service Representation

With locations in Glendale, Scottsdale, and Chandler, you can rest easy by contacting The Sampair Group, today!

What If the Other Parent Won’t Comply With the Court Order?

Unfortunately, having a court order for child custody doesn’t always guarantee that things will be smooth sailing. This is often the case when the other parent fails to comply with a custody order that has been issued by a judge. If you’re going through this, you may be wondering what recourse you have and what steps you should take next.

Document Everything

First and foremost, try to remain calm; emotions naturally run high when child custody agreements are not being followed. However, you will want to keep your composure as much as you can. Focus your efforts on documenting each instance where the other parent is not complying with the court order. If the parent is late picking up or dropping your child off, for example, be sure to write down the date(s) and the time(s) that this occurred.

The more documentation you have of the parent not following your court order, the better your case will look in court.

File a Motion to Enforce Parenting Time

The next step you will most likely want to take is to file a legal motion with the court; this is known as a motion to enforce parenting time. When you submit this motion, a judge will review your original court order, as well as any documentation or evidence you have gathered. In some cases, the other parent may be fined for violating the original custody order. In other cases, the judge may change the original custody order to give you more time with the child or make other alterations to the original agreement.

Attend Necessary Hearings

In some cases, a judge may request additional information from each party. When this occurs, a court hearing will be scheduled. Typically, both parties will be required to attend. This is an important time to bring any additional evidence or documentation you may have of the other parent’s failure to follow the original court order. At this hearing, you should also be prepared to hear counter-allegations that the other parent may have against you (whether they are true or not).

At the end of the hearing, the judge will most likely reach a decision on whether to alter the original court order or to impose fines (or even jail time) on the other parent.

Get the Legal Representation You Need

Dealing with a parent who does not follow your child custody order can be stressful and frustrating. The good news is that there are steps you can take to help get your order enforced. Still, the best way to navigate this complex legal process is to work with an experienced family law attorney. At The Sampair Group, we offer the representation and guidance you need during this difficult time. Find out more about our attorneys or schedule your free consultation with us today!

Can I refuse to sign the affidavit of paternity?

Question:

Can I refuse to sign the affidavit of paternity?

I am about to enter into a paternity case. I tested positive for a DNA test. What happens if I refuse to sign the affidavit of paternity at the court hearing?

Answer:

If you were confirmed to be the father of the child, the Judge will declare that you are the father. There will no longer be any need for you to sign an Affidavit of Paternity.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

What can I do to get full custody?

Question:

What can I do to get full custody?

I have been separated from my husband for 10 months and want full custody. I am from Arizona and 12 months ago we moved to South Dakota to be closer to his family. After 2 months of being there he cheated on me and we have been separated ever since. Recently (under the advice of a lawyer) I moved back with the kids to Arizona. The kids are 2.5 and 5 years old. I now have an apartment, a job and have enrolled the oldest in school. All my family and support system is here in Arizona. The father is verbally abusive, but does not want to help with child care. I want full or sole custody of the children to ensure they stay with me. What kind of battle will I have to fight to ensure this happens. There is no family or friends for me in South Dakota and I absolutely do not want to go back there. I would give up any child support just to have full custody.

Answer:

You do not have the option of “giving up child support to have full custody.” At such time as you file for divorce, the court will address custody and support as well as other issues.

An important note is that the children must reside back here in Arizona for 6 months before the court will have jurisdiction over them.

You should seek a free consultation with an experienced family law attorney and probably not discuss the matter with your husband again until you do.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

Can I ask my ex for reimbursement for school supplies?

Question:

Can I ask my ex for reimbursement for school supplies?

My ex husband pays his child support each month. I asked him to reimburse me for his percentage of the total cost of our daughters school supplies. He refused. His reason is he gives me a substantial amount and that money should be used for things like school supplies. I know this small amount is petty, but I’m already trying to get by after paying for lodging, water, AC, gas, etc. Can I ask for more money?

Answer:

Unless otherwise ordered by the court, school supplies are your responsibility. That is part of what child support is for.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

My ex is not letting me talk with my children on the phone. We have joint custody and I live out of state. What can I do?

Question:

My ex is not letting me talk with my children on the phone. We have joint custody and I live out of state. What can I do?

My ex and I share joint custody, but he has primary placement. He currently lives in Wisconsin and I live in Arizona. Phone contact is the only way I have contact with them. It has been a month since I have spoken with them. He has a jealous girlfriend who interferes, so I’m only allowed to call during certain times. I’ve been calling daily and leaving messages, but I havn’t been able to talk with them. What can I do? Who should I contact to get help and get in touch with my kids?

Answer:

They are as much your kids as they are his. Interfering with your parental access is a serious issue and should be addressed through the courts right away.

I am unclear if your court orders are in AZ or WI, but in either case, you should consult with an attorney where the case is located. Most attorneys will provide a free consultation to discuss your options, although they will charge you if you decide to hire them to enforce your rights.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

In Arizona Superior Family Court how is child support calculated for two different orders?

Question:

In Arizona Superior Family Court how is child support calculated for two different orders?

My first ex-wife lives in Pima county we have one child together and my second ex-wife lives in Maricopa County we have four children. My second wife makes a little more money then first wife, but she pays more for daycare expenses. I pay medical coverage for all children. I have two different support orders, but I do not make enough to pay both in full so my job spiltss my disposable income and gives wife number one 35% and wife two 65%. How can I make sure this is fair? I want to make sure each wife is receiving correct support? I am in the process of modifing both, but how will the court determine how much each wife gets?

Answer:

First and foremost, you are required to pay ALL of your court ordered child support each month. In the event that your employer is only sending in a portion of what is court ordered, you are still required to pay the balance directly to the Clearinghouse by the due date. Failure to do so has serious consequences that include jail.

If you believe that you are paying too much, then yes, you should attempt to modify the child support order(s).

When the new calculations are done, each one deducts the court ordered child support amount(s) from your gross income when calculating the new amount. In other words, if you are required to pay $300 month on the Pima County case, and your gross monthly income is $3200, when they re-calculate the Maricopa County support, they will base it on you having a gross income of $2900, after allowing a reduction for the other child support ordered.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

Can my son and I fight to see my grandchild?

Question:

Can my son and I fight to see my grandchild?

My son and I are illegally here and he have a little girl with a us who is a citizen? My son’s ex-wife won’t let us see the baby. She has been running, because every time we found out about her location she moves. My grand daugther lives in a dirty house. My gand daugther’s mom won’t let me and my son get close to her and she says that she is going to call the police or immigration. She is using my son’s paassed problems he did illegal here against him just to scare us and we don’t know what to do.

Answer:

Your son needs to File a Petition to Establish Paternity, Custody, Parenting Time and Child Support.  He has as much right to his child as she does.  The court has no interest in his immigration status.  Your son has a right to be a dad and have his child on a regular basis.

I suggest that you and he obtain a free consultation from an experienced family law attorney.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

How to I gain custody of my child that is living with a grandparent?

Question:

How to I gain custody of my child that is living with a grandparent?

Mother & I never married. Paternity established. Mother now incarcerated for 9 yrs. (just happened). I never had custody. Paid child support thru courts. DES stopped it (child support) because grandmother wants child support. I want custody (always wanted it).Child now livng with Grandmother. Grandmother won’t let me talk to or see my child (15 ys old). DES asking for child support from me & mother (on behalf of Grandmother). What do I file first? Petition to establish child custody & support? If yes, do I serve it on Mother in jail or DES? How do I petition court to release address of child? Do I do this in Petition? Who is the guardian of child right now if something happens to child (medical, etc)? Started a relationship on facebook with child, Grandmother stopped it.

Answer:

What you do first depends upon how Grandmother ended up with the child. If Mother simply placed the child with Grandmother then you file a Petition for Custody and Parenting Time. You should also Petition for Temporary Orders. However if the child was placed with Grandmother by the State of Arizona in a Dependenct Action you will likely have to go to Juvenile Court to get things started. You have a very complex situation that will be difficult for you to resolve without an attorney at this point. You should immediately consult with an attorney.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.