Arizona Child Custody & Visitation Lawyers
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Child Custody Lawyers in Arizona
Child custody issues happen frequently in Arizona. Children are the most important part of your life. Plus, children are often the reason why people end up getting divorced. Additionally, children are the reason that you may have custody issues.
When issues arise between you and your spouse, you must protect your children. This includes shielding your children from all of the rhetoric of a divorce including inflammatory comments, spousal fighting, and legal maneuvering.
During a split you may also worry about your children’s’ mental and emotional health during the divorce. Protecting your children only makes sense. It’s what you do as a parent.
Let our experienced Arizona Custody lawyers handle the custody battle and represent you with the legal stuff. You should worry about yourself and can get the help you need for your kids. Our job is representing you in custody and family law cases in Arizona. We represent individuals, couples, and families throughout Maricopa, Pinal, and Pima counties in Arizona.
ARIZONA CUSTODY FAQs
ANSWER:
A judge will consider a number of factors when determining custody of a child or children. Both the parents’ and children’s wishes will be considered, along with the children’s relationship with any other children or members of each household. The health of each parent (mental, physical, etc.) will come into play, along with each parent’s home, school, and community. One parent may have the advantage if they have been the primary caregiver for the child in the past, but the other parent’s future potential will be considered as well.
A child likely won’t be placed primarily with a parent who refuses to allow contact with the other parent. This means if one parent can’t refrain from speaking negatively about the other parent (parental alienation), this could hurt their chances for custody. Convictions for domestic abuse, drug addiction, or other crimes can hurt a custody case.
ANSWER:
Best Interest of the child are decisions made with the goal of helping a child’s physical, mental, and emotional health. Usually, a relationship with both parents is in the child’s best interest. However, while a parent may want to be in their child’s life, it may not be in the child’s best interest if the parent has a drug dependency, a history of abuse, etc.
ANSWER:
The assumption in custody cases is that the parents should have joint custody, or joint legal decision making. However, if one parent is considered an unfit parent, the other parent has a better chance of being awarded full custody. The factors considered in determining whether a parent is unfit are discussed below.
ANSWER:
An unfit parent is a parent who fails, either by ability or by choice, to properly look out for the best interests of their child. Leaving childcare up to the other parent, exposing a child to unsafe conditions, having a bad attitude around the child or towards the other parent, allowing the child to engage in age-inappropriate activities, emotional instability or immaturity, substance abuse, domestic violence, and neglect are all factors that can be used to deem a parent “unfit.”
ANSWER:
When parents have joint legal decision making for a child, one parent will not have final say over the other when disagreements arise over decisions for the child. Things like which school to attend, medical treatment, etc. will have to be agreed upon by the parents. If the parents aren’t able to come to an agreement, they may use a Parenting Coordinator, a mediator who will research the dispute and tell their recommendation to the court. A parent may appeal the parenting coordinator’s decision to the court if they disagree with it, and will argue their case in a later hearing.
ANSWER:
If one parent has sole legal decision making for a child, parents can discuss issues in a child’s life but the parent with sole legal decision making will have the final say on these issues. The other parent may still have parenting time when one parent has sole legal decision making.
ANSWER:
Your custody order may have a clause against you leaving the state with your child. Leaving the state without permission from your ex or the court is likely a violation of that order, especially if it interferes with the other parent’s parenting time. If you wish to take the child to another state permanently, you must notify the court and the other parent at least 60 days in advance. You will need the court’s approval before moving 100 miles or more.
ANSWER:
Although mothers statistically end up with more custody than fathers, this isn’t because of how the laws in Arizona are written. Custody is determined based on the best interests of the child. A competent father has just as much right to custody as a competent mother.
ANSWER:
Parenting time and child support are two separate issues. One parent may not withhold parenting time for failure to pay child support. They will need to pursue that separately. A parent who fails to pay child support can face serious consequences, such as wage garnishments to collect child support arrearages at a much higher maximum than standard debts in Arizona.
ANSWER:
To get custody of your child or children during the divorce process, you must file a motion for temporary custody with the court. You can also address issues like child support and alimony in this motion. If the motion is granted, the custody order will last until the issues are formally settled during the divorce proceedings.
ANSWER:
Divorce is a stressful time not only for parents but their children as well. You should always emphasize that the divorce isn’t the child’s fault, and avoid speaking negatively about the other parent in front of the child. You should also avoid discussing any details of the divorce (i.e., financial disputes) in front of children. Save this kind of talk for friends, older relatives, or even better, a licensed professional. You may want to consider counseling or therapy for your children if it is financially feasible for you.
ANSWER:
You don’t have to go through the court to get a custody order if you and the child’s other parent can informally agree upon a parenting plan. The plan, however, must be in the best interests of the child.
ANSWER:
The judge can order either supervised parenting time or no parenting time at all if doing so would be in the best interest of the child.
The court won’t ever give a child full authority to decide their own custody matters, but will start hearing the child’s input once the child is old and mature enough to understand what is going on. It is typically around the age of 12 when the court will begin hearing input from a child, but this could depend on factors like the conduct of the parents and the maturity and intelligence levels of the child.
You can file a motion for temporary custody, child support, and spousal support if you would like to have orders to follow during the divorce proceedings. These orders will only be temporary and last until the court has ruled on all of the issues.
No. Custody issues and child support issues are separate, and you can’t withhold parenting time to a spouse who is behind on support payments. You need to contact your local child support enforcement agency to compel your co-parent to pay. They may be able to help you obtain a wage garnishment, seize lump sum payments like tax returns and lottery winnings, or suspend your co-parent’s driver’s license. Withholding parenting time in response to missed support payments will only affect the custody portion of your case, not the support portion.
The factors the court will consider include, but are not limited to: the conduct between the parents, the relationship with the child and any other siblings, the parents’ histories of abiding by the parenting plan, each parent’s home environment, and the preference of the child. The judge may consider many additional factors depending on the case’s specific circumstances.
Actually, the presumption in Arizona is that the parents should have joint custody. This is because it is usually in the child’s best interest to have a relationship with both parents. Joint custody may not look like an even 50/50 split, but could be weekends and summers with one parent, or another alternative arrangement.
A parenting plan is a written proposal for the court of the child’s schedule with each parent. The plan will address issues like which parent gets the child for holidays and school vacations, how pickups and dropoffs will occur, and parenting rules each party agrees to.
Parenting time is simply any time the parent spends with their child, whether that be physical custody or visitation.
If the parents need to deviate from the parenting plan, they can do so if they are in agreement. Otherwise, the parent that disagrees will need to go to the court to enforce the order. You should avoid getting law enforcement involved unless the other parent takes the child out of the state or country or if the child is in danger.
In Arizona, there is no preference between the genders for matters of child custody. Although historically, mothers are more often awarded custody, that trend has slowly faded away. Custody will be decided taking the child’s best interests into account, which is usually an equal relationship with both parents if they are competent.
Mediation is often far more amicable than a trial, which can result in better outcomes for both the parents and the child. It also may only take a few 5-10 hour sessions to complete, instead of the months or years that a trial can take. Some jurisdictions may even require you to at least try mediation before proceeding to trial. The mediator will help facilitate negotiations for all the issues in your case, keeping both parties focused and civil. It allows the parents to come up with creative solutions to the issues they are facing.
The only way this could affect your ability to proceed with a child support or parenting time matter is you may need to establish the paternity of the child. This can be done through a fairly simple affidavit process if the parents agree, or DNA testing if either parent is denying paternity. Once paternity has been established, custody and child support matters can continue as usual.
VISITATION AND CHILD CUSTODY ATTORNEY IN ARIZONA
Child custody and visitation rights are highly contested family law issues. Divorces can be tough on everyone involved, especially your children. Specially, when their family unit is seemingly torn apart. In addition, children can find it is hard for them to cope when they cannot be around both of their parents every single day.
With child custody and visitation lawyers in Arizona, My AZ Lawyers can help. For example, My AZ Lawyers will help you work out the details of your child support and custody arrangements. This will ensure you that your children will find it much easier to adjust to their new parental arrangements. Don’t let your ex-spouse rip your family away from you. Let us help.
Phoenix Custody Attorneys
Child custody agreements in Arizona can be tricky to navigate. The expert legal professionals at My AZ Lawyers can help. Child custody laws in Arizona are fairly complex. Ultimately, it is the same family court judge that decides your divorce proceedings. This same judge will ultimately have the final say on your children’s custody and parenting plan.
We strongly encourage parents in a custody dispute to determine a parenting plan which each can agree upon. Often this custody (parenting) plan comes about after mediation between the 2 parties. An experienced Phoenix child custody and divorce lawyer is your best asset during any mediation or potential custody agreements outside of the court. Agreements, if they are to happen, are highly important negotiations in which representation can greatly benefit your position.
When an agreement is reached, parents can submit an agreed upon parenting/custody plan to the court or each party can submit its own plan and have the judge decide the custody of the children based on the merits of the proposed parenting plans of each parent. There are also cases by which neither side submits a parenting plan. In these cases the family court judge will rely on its own observations to determine the parenting plan that must be followed by the parents for the children.
They will help you work out the proper arrangement that pleases you and your children. With our child custody and child visitation lawyers, you can learn about the basic types of child custody arrangements. Find a My Arizona Lawyer custody lawyer that best suits the situation you have with your ex-spouse. This also means, making sure your children have the proper accommodations. And, they receive the proper legal aid you require in order to work out the kinks in the child custody agreement.
ARIZONA CUSTODY LAWYERS
The First Step is Choosing the Best Arizona Custody Lawyers
If you are in the middle of a custody dispute or are looking to divorce. You should seek the assistance of the Best Arizona Custody Lawyers. Our experienced AZ Family Lawyers can help you navigate the complex child custody laws in Phoenix and Tucson. Any good Arizona Child Custody firm realizes the importance of the custody and safety of your children – and our custody lawyers want to help you implement an effective solution reflective of your rights as a parent and the best interest of your children.
For many people in Arizona, the hiring of a family law lawyer may often be their first experience dealing with an attorney. Therefore, it is expected that you may have several questions. Our custody lawyers and staff are well versed in the Arizona Custody Laws and disseminating them to our clients. We will walk you through the steps of AZ Child custody and make sure that you understand the circumstances.
Our Arizona Custody Team of Attorneys
Our team of friendly professionals dedicate themselves to providing you with the ultimate legal assistance. In fact, with our wonderful team of paralegals and expert attorneys, we will guarantee your satisfaction. Get the legal assistance you need and make sure that your children are well cared for. We can also help you determine which type of child custody arrangements there are and which ones will work best for you and your child.
Types of Child Custody Arrangements
There are many different types of child custody agreements that can work for you and your family. In addition, from legal custody, physical custody, sole custody, and joint custody, there are plenty of options. For example, child custody agreements that can determine how much you or your ex-spouse see of your children. No matter the circumstances, our caring professionals will make sure you understand every option; especially, before you come to a decision about the well being and care of your child.
With plenty of locations to suit your needs, My AZ Lawyers can help you anywhere in the Valley. Ranging from Avondale and Glendale to Mesa and Tucson, we can provide the best legal assistance that you need in order to determine the right kind of child custody and visitation agreement. Let us help you.
Additionally, with our low cost services and professional legal help, your satisfaction will be guaranteed. By all means, contact us today for more information about our extensive range of services. Call today 480-833-8000 to schedule a consultation with an experienced attorney; we occasionally have same day appointments available. Contact us, our Arizona Family Attorneys look forward to working with you!
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