How Do I File For Full Child Custody In Arizona?
What To Expect During a Child Custody Case In Arizona
One of the factors that impact a divorce process is child custody. Therefore, if you are considering a divorce, but you also want to know how to file for full child custody in Arizona, you may want to read this article.
Child custody is the legal arrangement that specifies which parent will decide the child’s wellbeing. It usually refers to physical custody, but in many cases, a non-custodial parent can also spend time with the minor.
In the following lines, a Tucson child custody lawyer will explain the steps to file for child custody successfully.
Consider Arizona Laws Regarding Child Custody
Child custody is an important matter for parents who want a divorce or legal separation. It is also an option for parents who request the court to alter the custody decision in earlier divorce cases. Parents who were never married can also consider child custody to have a court-established arrangement.
Child custody laws change depending on the state. In Arizona, there were major changes in 2013. One of them is that child custody, joint custody, or sole custody were changed to sole legal decision-making.
The term child visitation is no longer in use as it changed for parenting time. Besides, parenting time is also called access or visitation, and it is the non-custodial parent’s chance to spend time with the child.
How Is Child Custody Legal Proceeding in Arizona?
It depends on the couple and their legal union. For parents who were never married or are processing a divorce, child custody can be arranged without Arizona court intervention.
The parents can kindly arrange the access and custody concerns, as long as the agreement is in the child’s interest. Sadly, not all private custody plans end well.
A family law lawyer in Avondale is usually necessary when the custody plan doesn’t end friendly. That’s because when the case is taken to court, child custody becomes a tense topic for both parents, making it an issue for the court to solve.
Only lawyers with enough expertise in these cases can help parents get the best solution.
Child custody cases in Arizona can take three months to a year to conclude because of the many things that influence the case. It can take longer than that if both parents do not discuss an agreement.
Take Time To Prepare The Parenting Plan
Arizona requires parents to submit a parenting plan to the court if they want joint custody. This plan explains terms and conditions for both parties when taking care of the child. It becomes a part of the custody orders, making it somewhat an enforceable contract for both parents.
Even if both parents agree on custody arrangements, the court will still check this plan to see if it is in the child’s best interest.
Will The Court Consider Full Child Custody?
Arizona courts start any child custody process by assuming that both parents should have joint custody. The Glendale child custody lawyer for either party may offer other alternatives, but initially, the court has no preferences.
The courts do not have legal assumptions that favor one party. With joint custody, both parents share physical custody and other responsibilities regarding the child.
If you think that joint custody is not a good option for your situation, you can file for full custody. The court does consider sole or full child custody when appropriate.
Full Child Custody is when one parent has sole legal custody of a child. The court decides that one parent alone can make major decisions for the child, including important matters like education, religion, and health.
That doesn’t mean that both parents cannot discuss these matters, only that the court-designated parent has the final say.
It’s usually better to file for full child custody if you have issues with the other parent regarding these topics:
- Substance abuse (alcohol or drugs)
- Domestic violence
- Poor mental condition
- Child Abuse
- Criminal Record or History
If the other parent has any of these issues, the court will review your custody request to make a decision based on what’s better for the child’s wellbeing.
You can increase your chances of getting that full child custody by contacting a Phoenix child custody attorney and by improving your skills as a parent. Instead of making false promises, improve your communication and emotional support with the child. It’s never too late to be the parent your kid deserves.
Work With a Well-Experienced Child Custody Lawyer In Phoenix
If you want to take your child custody case to court, don’t forget to contact a skilled Arizona family lawyer. Call My Az Lawyers to get legal representation and the best help during this process.
Our lawyers have experience in many practice areas, including child custody, family law, divorce, criminal defense, DUI defense, and many more. Call us to get a no-obligation consultation with one of our lawyers!
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955
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Tucson, AZ 85701
Office: (520) 441-1450
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603