How to Get The Most Out of Your Attorney

Choosing your attorney carefully is important. This choice should be based on several factors when interviewing, including: picking someone you like, who understands you and listens to you, who you can work well with, and someone knowledgeable about the particulars of your matter.  After signing the agreement, most clients hand the case off to the attorney and hope for the best. Today’s discussion is on strategies that are instrumental in getting the most out of your counsel. Telling the Truth:  This is the very most important component in your relationship with your counsel. The attorney must know everything in order to best represent you properly. Even if the information is embarrassing, or you are ashamed of something you did, or it was a long time ago, you must tell your attorney. Why? Because this is exactly the type of information that can and inevitably will come back to haunt you and can destroy your case. An attorney bases their legal arguments on the facts you provide them. If the attorney has only a portion of the facts, then the legal theories will not hold and the attorney cannot perform as they could have if they were given all of the information up front.  Additionally, the attorney/client relationship is built on trust. Trust goes both ways. If you lie, or choose to leave out information, that can hurt your relationship. You want your attorney to want to assist you, so keep them happy by being honest. Being a Teammate:  When you hire, you and your attorney are a team. Throughout your representation the attorney will have a variety of requests for you. Some common examples include: providing evidence, being ready to discuss your case, and showing up to court on time.  Whatever the request may be, you must comply promptly and thoroughly.  If you delay in providing your attorney with their requests, it could have horrible consequences on your case. Furthermore, delaying your attorney’s work schedule is extremely disrespectful and inconsiderate of their time. The last thing you want to do is make your attorney resentful of you and end up withdrawing from your case because they cannot rely on you or feel disrespected. Adhering to your Agreement:  When you hire an attorney you enter into an agreement, or contract. That contract will state the terms of your relationship including the work that is to be performed and the fees...
read more

In Loco Parentis

There are many ways to establish authority and gain custody over a child that is not yours. One option is “Non-Parent Custody” also known as in loco parentis In loco parentis is Latin for “in place of a parent.” Such is a person essentially treated as a parent by the child, and who has formed a meaningful relationship with the child for a substantial period of time. In Arizona, a non-parent can request custody by alleging, among other things, that it would be significantly detrimental (harmful) for either of the child’s legal parents to have custody. This is a difficult burden to prove and sustain since it is typically viewed that parents have a fundamental right to the care, custody and management of their child(ren). Grandparents, step-parents, relatives and non-relatives should be prepared to prove that awarding custody to the legal parent(s) is not in the child’s best interest and would be substantially detrimental to the child. In order to request visitation (as opposed to custody or primary placement) the non-parent must establish that the visitation is in the child’s best interest, as well as other criteria. In 2013, the Grandparent’s Visitation statute was merged with the Arizona In Loco Parentis statute. The court has recognized that many families are often non-traditional. The idea is to allow a third party (Aunt, Sister, Grandparent, Cousin, etc.) to petition the court for what were traditionally reserved for parents. The burden is high in order to be successful, and of course ultimately the court is concerned with the best interests of the child. However, in many instances this right is used to protect children and keep them in the family or with someone the child considers family and out of foster care. To learn more information about your case that involves obtaining a child that is not yours, please contact Westby Law at...
read more

What is “Legal Decision Making” in Arizona?

“Legal Decision Making” is now the legal term used in Arizona for Child Custody. When filing with the courts to determine custody, the Judge is more likely to award close to, or an even 50/50 split, unless the other parent is unfit. Oftentimes when parents file for legal decision making, there can be a lot of animosity between the parents. However, remember that asking for sole (only you) legal decision making without an excellent case to show the other parent is unfit, will only reflect poorly on you as a parent. The bottom line – The Family Court is a court of equity and is doing what is “fair.” That does not mean equal. The parent that is willing to foster a good relationship with the other parent is often times the more favorable in the eyes of the court. So, before filing an aggressive “sole legal decision making” petition, make sure the other parent really is unfit or this could backfire on you! To learn more about Legal Decision Making, please contact Westby Law at 602.686.6375 or email,...
read more

How To Enforce Child Support Obligations In Arizona

Payments for child support are supposed to be made in a timely manner and paid in full. Unfortunately this is not always the case. If you have not received payments there are a few forms of action you can take. 1. File a “Motion to Enforce the Order” with the Court. File this motion when the other party is not following the order and you want the court to enforce that he or she does. This is a good option for folks who want something done more quickly (at least as quickly as the court system allows) and the burden (i.e. what you will have to prove) is a lower standard then when filing a motion for contempt. This is the more basic option and usually results in getting what you need accomplished. 2. File a “Motion for Contempt” This motion is more complex where you must get a Judge’s approval before serving the other party. Because it must be approved by a Judge you can end up waiting longer for a court date. Keep in mind you are asking the court for more drastic action than a simple enforcement. Therefore this is a good option when a party is being rather hostile or has ignored a past attempt at enforcing the order. 3. The Child Support Enforcement Program Arizona adopted a law in the 70’s that helps custodial parents enforce decrees and collect child support. It is a part of the Social Security Act. It should be noted that this is an extremely aggressive course of action and you should consult with an attorney before executing this method. The specific program is called Arizona’s Child Support Evader program and they will assist you if: • An arrest warrant has been issued • The location of the debtor is unknown • No payments were made in 6 months • The amount in arrears is in excess of $5,000 To contact the Evader program and request that the offender is listed on the website and to provide them with a photo, you can reach them toll-free at (800)...
read more