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CHM Law Arizona Family Law, Criminal Defense, DUI, and Personal Injury Lawyers

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Arizona Family Law Attorneys Case Victory - CHM Law

 

CHM Law Wins Default Divorce Decree for Client, Establishing Sole Legal Decision-Making and Primary Residential Custody

  • Client: P vs. K
  • Case Type: Dissolution of Marriage
  • Ruling: Default Decree of Dissolution designating Client as Sole Decision-Maker and Primary Parent for the Children
  • Court: Maricopa County Superior Court

 

Here at CHM Law, we understand that the decision to pursue a Dissolution of Marriage is never taken lightly, especially when the case involves domestic violence and child custody concerns. After extensive deliberation, our client made the courageous choice to move forward with a divorce in Arizona, seeking legal protections for both themselves and their children.

Through careful legal strategy and detailed case preparation, CHM Law successfully obtained a Default Decree of Dissolution, ensuring that our client was designated as the primary residential parent and awarded sole legal decision-making authority due to the Opposing Party’s abusive behavior and multiple incidents of domestic violence.

Legal Strategy: Default Divorce Filing to Protect Parental Rights

Recognizing the risks posed by the Opposing Party’s history of abuse, our legal team acted swiftly to ensure that the divorce proceedings prioritized child safety and long-term stability. Given the Opposing Party’s failure to participate in the case, we pursued a Default Divorce Decree, a legal mechanism that allows the Court to finalize the divorce without the other party’s active involvement, provided they were served correctly and failed to respond within the required timeframe.

By following Arizona’s strict procedural rules for default divorce cases, CHM Law was awarded a decree that granted our client:

  • Sole legal decision-making authority, ensuring that our client has full control over decisions regarding the children’s education, healthcare, and general welfare.
  • Primary residential custody, giving the children a stable home environment with our client as their custodial parent.
  • Restrictions on the Opposing Party’s parenting time, ensuring that any contact with the children would be in accordance with the Court’s directives, given the history of domestic violence.

Impact of Domestic Violence on Child Custody in Arizona

Arizona family law prioritizes the best interests of the child when determining custody arrangements. In cases where domestic violence is present, courts may limit or even deny parenting time for the abusive parent. CHM Law effectively presented evidence of multiple incidents of domestic violence, leading the Court to rule that our client should retain sole decision-making authority and primary residential custody.

By obtaining a Default Decree of Dissolution, our client was able to move forward with their life without prolonged litigation or further conflict with the Opposing Party. The children’s safety and stability were secured, ensuring they would grow up in a healthy and supportive environment.

Why This Case Matters for Divorce and Custody Disputes in Arizona

This case underscores the importance of experienced legal representation in divorce cases involving domestic violence. Without proper legal advocacy, many parents struggle to obtain sole custody or protect their children from an abusive ex-spouse. The use of a Default Divorce Decree in this case allowed our client to finalize their divorce efficiently while maintaining full parental rights.

At CHM Law, our experienced Arizona divorce attorneys help clients with:

  • Filing for Dissolution of Marriage in Arizona
  • Obtaining sole legal decision-making authority and primary residential custody
  • Restricting parenting time for an abusive or unfit parent
  • Utilizing Default Divorce Decrees to expedite the legal process
  • Ensuring court orders prioritize child safety in cases involving domestic violence

If you are considering a divorce in Arizona and need a legal team that will fight for your parental rights and protect your children, call CHM Law today at (602) 825-2500. We are committed to guiding you through the divorce process and securing the best possible outcome for you and your family.

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