Terminating Parental Rights? Have an Attorney Help

Oct 26

You want what is best for your child. You may have agreed to share custody with your former spouse; but, you are still obligated to protect your son or daughter from all danger—even from that which comes from the other parent.

Seeking to terminate parental rights is a significant action to take. However, it may be necessary if your ex leads an unhealthy lifestyle or has gotten themselves into a situation that makes it impossible for them to parent.

If you believe you need to take this step, you should first retain the services of a Scottsdale family law attorney. The Fruchtman Law Firm and Attorney Hope Fruchtman have helped a great many parents in your situation. She will give you the advice and legal representation you need to get through it.

You will need to establish sound reasons for terminating parental rights. Here are a few of the most common grounds for such a termination:

Abandonment 

If your ex has ceased all contact with your child and has left you no way to get in touch with them, you can file a motion to terminate their parental rights.

Abuse 

The mental and physical abuse of your child is unacceptable. If you have substantive proof that your ex abuses your child, then you can seek to have their parental rights terminated

Substance Abuse 

Your child should not be exposed to illegal drugs. If you can prove that your former spouse is a drug addict or drug dealer, you can petition to have their parental rights terminated.

Excessively Long Prison Sentence 

If your ex has been sent to prison for life without the possibility of parole or they have received the death penalty, there is no reasonable hope that they will be able to establish a healthy relationship with your child. You can have their rights as a parent terminated on these grounds.

At the Fruchtman Law Firm, our Scottsdale family law attorney that can help you work through these issues and do what is best for your child. Contact Attorney Fruchtman today to begin your case.

Custody Relocation: How it Works and Why You Need an Attorney

Oct 09

Child custody relocation is a situation in which the custodial parent moves out-of-state or more than 100 miles within the state. The act is legally defined, and the custodial parent must get the court’s permission before carrying out such a plan. If you are the non-custodial parent, such a move can have a significant impact on your ability to see your child and cultivate a healthy relationship with them.

This is a major decision that can have huge ramifications on the lives of you and your child. Your ex should discuss the matter with you before doing it. However, if they have decided to do it without consulting you and getting your permission, you can petition the court to stop it.

You should first contact a lawyer. Retaining the services of a Scottsdale AZ family lawyer at Fruchtman Law Firm will ensure that you are not denied your parental rights. Attorney Hope Fruchtman at Fruchtman Law Firm will help you protect your ability to parent your child.

The request by the custodial parent to relocate with the child will be examined by a judge. As always, the judge will keep the best interests of the child at the center of their deliberations. The judge will consider the following factors:

-the circumstances that led to the decision to move
-the impact the move will have on your ability to see the child
-whether the move is motivated to prevent you from seeing the child
-whether the move is motivated to get an increase in child support
-the impact on the emotional and mental health of the child

The bottom line is your ex cannot take your child away from you by simply moving to another state or city. Working with a Scottsdale AZ family lawyer will help protect you and your child against the whims of your former spouse. Contact our office today to begin building your defense.

In Loco Parents: What Are Your Rights?

Sep 28

Regardless of your relationship with your children’s other parent, you have rights as a mom or dad that cannot be violated under the law. You can gain access to your children and exercise your rights as a parent by hiring the Fruchtman Law Firm to represent you in your custodial or child support case today.

Access to Your Children 

Under the state law, you are entitled to access to your children. As long as you are not considered to be a safety or flight risk to your children, you have the right to visit and spend time with them equally with the other parent.

When the other parent is not giving you access to your children or violating the visitation rights established by the court, you can have your Scottsdale family law attorney petition the judge for a new visitation order. The other parent may be found in contempt of court. He or she may also lose custody of the children in extreme cases of neglect or interference.

Support for Your Children 

You also have the right as a custodial parent to financial support for your children. When you have been awarded sole or physical custody of the children, the other parent is obligated by law to pay a fair and affordable amount of child support to you.

The support order also takes into consideration the amount of income you earn as well as expenses you pay for the children. The Fruchtman Law Firm can ensure the amount of support paid to you is on par with what the children are entitled to and what the other parent can reasonably pay on a monthly basis.

Even if you are not married to your children’s other parent, you still have rights as a mother or father. You can make sure your rights are protected under the law by hiring a Scottsdale family law attorney to represent you in your custodial or support case. Contact our office today to begin building your defense.

3 Tips to Help Your Children Through Divorce

Sep 06

When you have decided to divorce your spouse, you are doing more than just ending your marriage. You also are disrupting and changing the structure and function of your family. You can help your children cope with divorce by using these tips and retain the Fruchtman Law Firm to assist you during your case.

Establish Fair Visitation 

Children are entitled to access to both parents. As long as your spouse is considered stable and safe, he or she has the right to visit with and spend time with the children. Having your family lawyer in Scottsdale AZ petition the court for fair visitation schedules for the children can help them cope with their parents’ divorce and make them feel more secure about still having contact with both their mom and dad.

Establish Child Support 

The Fruchtman Law Firm can also help you pursue a child support order that is fair to both parents. Children of a divorced couple are entitled to support from both parents. Your family lawyer in Scottsdale AZ can ask the judge to issue a child support order that is affordable and realistic when it comes to supporting your children.

Keep Your Children Out of the Divorce Negotiations 

Finally, you can help your children cope with your divorce by keeping them out of the legal case if possible. They are entitled to enjoy childhood without the burden of having to side with one parent over another. They also do not want to be brought into the middle of heated discussions or arguments during which you or your spouse might accuse or call each other names. It is best to allow your lawyer to handle any conflicts that arise during the case and entrust him or her to be your ally rather than you bringing your children into matters that they are not mature enough to handle.

These three tips can help your children through your divorce. Retain a good family lawyer in Scottsdale AZ to assist you during the proceedings. Contact our office today to determine your available options.

Minor Guardianship: What You Need to Know

Aug 20

When an adult is appointed to be the guardian of a minor child, that adult is given full care, custody and control of the child. Guardianship must operate in the best interests of the child. An appointment of guardianship might be for a temporary and fixed period of time, or it might continue until such time as the child reaches the age of majority.

Termination of Guardianship
An appointment of guardianship in Arizona doesn’t operate to end a parent and child relationship. It’s merely suspended. In order to terminate a guardianship, a proper petition must be filed by the parent. The court will then decide if terminating it is in the best interests of the child.

Procedure
According to a Scottsdale AZ family law attorney at the Fruchtman Law Firm, here’s how the guardianship process begins. Temporary, permanent or emergency guardianship may be sought. Proper and timely notice must be sent to the parents, anybody the child has lived with recently and even the child if the child is over 14 years of age. The person who is petitioning for guardianship must state the reasons why it would operate in the best interests of the child if guardianship is ordered. Should any person of interest object to the guardianship petition, they must file their objection in writing and appear in court. After guardianship is approved, if somebody else believes that the appointed guardian of the child isn’t working toward the best interests of the child, that person can then file his or her own petition for guardianship.

Guardian Duties
Guardians have their own responsibilities. A place to live must be in existence and the child has to be enrolled in school. Appropriate financial arrangements must also be made, especially if the child is receiving public benefits, child support or the like.

Obtaining guardianship is a complicated process, and if an order of guardianship is approved, there are continual responsibilities. Speak with a Scottsdale AZ family law attorney at the Fruchtman Law Firm today to determine your best option for success. You don’t want to go through the guardianship process by yourself.

Are We Eligible for an Annulment?

Aug 05

If you’re contemplating an annulment of your marriage in Arizona, Title 25 Chapter 3 Article 1 of the Arizona Code allows for it. The statute states that “The Superior Courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.” Getting an annulment isn’t easy. If you live in or around Phoenix, we recommend that you speak with a Scottsdale family attorney at the Fruchtman Law Firm.

If an annulment is granted, it has the same effect as a divorce. Assets are divided and the rights and obligations as to children of the parties are adjudicated. In the end, it’s as if you were never married at all. What was a marriage becomes a nullity. Rather than saying that you’re divorced, you can legally hold yourself out as having never been married.

In order to have a court grant an annulment, you must prove that you are eligible for one. You must prove one of the following grounds:

  • That the marriage was never consummated.
  • It was incestuous.
  • Your spouse was guilty of bigamy.
  • Your spouse was a minor at the time of the marriage.
  • Your spouse was guilty of fraud or misrepresentation.
  • He or she was of unsound mind.
  • You were forced into the marriage.

Petitioning for an annulment and proving that you’re eligible for one can be a burdensome endeavor, especially if you intend on representing yourself. Arrange for a consultation with a Scottsdale family attorney at the Fruchtman Law Firm before making any filings. We will listen to you carefully. We will answer your questions and advise you of your full range of legal options. You don’t want to be required to continue to return to court on your case for months or even years after an annulment might be granted. Get it done right the first time with Hope E. Fruchtman.

Spousal Maintenance: How We Can Help

Jul 26

Alimony, otherwise known as spousal maintenance in Arizona, is based upon principles of equity (what is fair in the particular situation). In order to simplify and curtail the prolix factors the court must consider, it is recommended that you obtain specialized legal counsel from Attorney Hope Fruchtman. She strives to be the best family law attorney in Scottsdale AZ. In order to meet this high bar, the Fruchtman Law Firm has developed a streamlined process to calculate and/or mitigate the costs of spousal maintenance for you.

Pro se litigants who go into court may have read a few websites and gathered some basic information on the process. The concept of spousal support primarily turns upon whether one is earning significantly more than the other. The overall focus is whether the marriage commitment took an unfair toll on one spouse by committing to housekeeping and child rearing, etc. Other factors may include whether the spouse is disabled or educated enough to maintain a satisfactory level of independence after the divorce. By preparing your spouse for separation with education, a full-time position, and a place of their own before the divorce, you are in a better position to argue against imposing spousal support payments.

But, remember, a divorce is essentially a contract. Contracts are strictly construed. It is, therefore, necessary for the most straightforward, concise, and clear wording to be drawn up in the terms of a divorce settlement. The same is true on appeal. If you disagree with the judge’s ruling and feel he was being biased and unreasonable regarding some aspect of the case, you will need to present your claims succinctly to the appellate courts. The sad reality is that the courts often lack the capacity to tediously sift through rambling pro se filings. The filings often get fast-tracked for denials under the theory of conserving judicial resources in all but the most fundamental tersely pled errors.

The judges also tend to rely upon and trust the opinions of specialists in this field of practice like Attorney Hope Fruchtman of the Fruchtman law firm. When you hire this family law attorney in Scottsdale AZ you will be able to help the judge to see the merit of your arguments as more persuasive in many cases.

How a Lawyer Can Help Your Interstate Custody Case

Jul 09

Child custody cases are complicated and not many people know exactly what to do when problems and disagreements arise. Things can get even more difficult to navigate during interstate custody cases where there may be confusion about which laws are being upheld. While interstate custody cases aren’t rare, they are still complicated as are most court proceedings and should usually be handled by a professional.

Just knowing your rights and the laws can be difficult, which is why contacting a Scottsdale AZ family attorney could be your best option for success in your case. Throughout her career, Attorney Hope Fruchtman has helped a lot of families in this situation and suggests obtaining an attorney for any interstate custody case that you may be facing.

Just filing to open an interstate custody case can be a very time-consuming process, especially without any legal experience. While most states do offer a DIY document center, even these can be confusing and if they aren’t filled out properly it is likely that they could be rejected and you will have to start from the beginning.

Additionally, even if the outcome of the case turns out the way you were hoping, there are still questions that need to be asked. There are a lot of details that can come up with custody, visitation, and expenses that most people without legal training wouldn’t even think to ask, but they can sometimes be extremely important. Not being aware of the law concerning a court order is usually not a good enough argument in a custody case. Breaking a court order could result in fines, jail time, or even losing visitation of your child. These are risks that not many people want to take when it comes to the well-being of their family.

If you are going through an interstate child custody case and are considering a Scottsdale AZ family attorney, Attorney Hope Fruchtman at Fruchtman Law Firm is available for consultation. Don’t go through this complicated and emotionally stressful time alone, Fruchtman Law Firm is there to help with their experienced attorneys and staff.

Why Choose A Family Law Attorney From The Start?

Jun 23

In a family law case it may be tempting to attempt to work things out between parents without the use of attorneys. There is certainly precedent for such a parental agreement to exist; however, it is far more common that this method will lead to upheaval and an eventual court battle despite strong efforts.

The next thought that parents, especially parents who have traditionally been amicable in the past, may have is to go pro se in court, or represent themselves. This can be a critical error at a variety of junctures. While on the surface these two options may seem as though they would save valuable money and potentially even preserve the co-parenting relationship, quite the opposite is far more likely to happen.

Family court in any regard is an extremely multi-faceted experience. There are issues such as legal and physical custody, medical decisions, child support, holiday sharing, and many more which need to be assessed and agreed upon. To compound these issues, family court is a place where emotions notoriously run high. It is in the ironing out of these decisions that an attorney becomes essential to the successful outcome. Your attorney will be thinking rationally, assessing your priorities, and seeking to ensure a fair agreement for you and your loved ones.

Military divorce situations require additional considerations and exemptions that are different from civilian divorces. Attorney Hope Fruchtman is a Scottsdale family law attorney who is well-versed in the intricate details of military divorce. A member of the Arizona State Bar since 1995, she is eager to serve military families with compassion and extensive experience.

If you find yourself searching for a Scottsdale family law attorney who will offer fair representation with a strong legal presence, Fruchtman Law Firm can be the perfect fit for you and your situation. Fruchtman Law Firm has been in business since 1995 helping families get through the struggles associated with family law cases. Several of their associates are Scottsdale family law attorneys who are caring, capable, and constantly thinking of ways to better your family law situation. Contact our office today to schedule a consultation.

Why Do You Need a Lawyer for a Military Divorce?

Jun 08

Divorces involving a military family are often more complex than those involving civilians. There are unique issues that sometimes need to be addressed and having an attorney who has experience in handling them is preferable. To better understand why hiring an attorney at Fruchtman Law Firm is necessary, here are a couple of questions that need to be answered before filing for divorce:

Where Should You File for Divorce?

In a divorce between civilians, the logical place to file for the dissolution of the marriage is the state in which the couple lives. In a military divorce, there are special rules that dictate where the divorce can be filed and the legal state has a bearing on the financial aspects of the divorce.

For instance, the Uniformed Services Former Spouses’ Protection Act states that the state that the military member considers his or her legal residence has the right to divide the service member’s pension. If you are the civilian spouse, this can have an impact on how much of your spouse’s pension you can receive once the divorce is finalized. A family law attorney in Scottsdale AZ will be familiar with the state’s rules regarding military pensions and can provide advice on how to proceed.

How Is Child Support Decided?

The federal government defers to state law when it comes to determining child support, however, there are special considerations that must be made when divorcing a military service member. For instance, before a court order is issued, the civilian spouse can receive entitlements through the military to help provide financial support for the children. A family law attorney in Scottsdale AZ knows the steps to start the process of collecting those entitlements.

Once the child support order is issued, there is still the matter of receiving pay. An experienced attorney knows which office to submit the order for garnishment of the service member’s pay.

Contact Fruchtman Law Firm to learn more about how an attorney can help with a military divorce. There are other issues that can complicate the process and failing to have the right legal representation by your side could lead to delays or even an unfair divorce settlement.