Child Custody
Peaceful Child Custody Solutions Are Possible – We Can Help
If you are a parent, your children are probably more important to you than anything or anyone else. While this instinct serves us well most of the time, it can cause problems during a divorce, because two people who desperately love the same children are trying to decide which parent gets to be with the kids at which time, and neither wants to compromise.
Unfortunately, child custody disputes can turn an otherwise successful divorce into a drawn-out battle, with children caught in the middle. However it doesn’t have to be this way. When you hire The Shaw Law Group, we help you seek custody solutions that protect your children and preserve the future co-parenting relationship with your ex-spouse.
The Basics Of Arizona Custody Laws
Knowing what to expect can make the process a lot easier and more successful. First, you should know that Arizona courts are required to base child custody decisions solely on the best interests of the children. Any petitions you make to the court should be focused on that standard.
Second, there are two types of custody: legal and physical. Legal custody is the power to make major decisions on behalf of your child (such as those relating to religion, education and health care). Physical custody refers to which parent is with the child at which times. These can be awarded equally or unequally to both parents, or given to one parent alone.
Third, judges often find that it is in the best interests of the children to keep both parents actively involved in their lives. Therefore, some form of shared physical custody is common (although the split isn’t always going to be equal). It is possible to petition for and be granted sole custody, but we will need to present compelling reasons to deviate from keeping both parents involved.
Finally, the basis for negotiations is the parenting plan. This document lays out a proposed custody schedule and contains many other important aspects of a custody agreement. Each parent can submit their own or negotiate one together. If you can negotiate a parenting agreement, you are likely to have more control over the final plan and a judge is more likely to approve it (so long as it meets the best-interests standard).
Here’s How We Can Help
If negotiation with your spouse is possible, this will likely lead to the best outcome with the least amount of conflict. We are ready to help you with all details of the parenting plan, and we will advocate for the terms that are most important to you.
If negotiation is not possible (either because your spouse refuses or there has been a history of domestic violence), we will help you craft your own parenting plan and present it to the court, along with the information about why your parenting plan is best for your children. We will then vigorously advocate for you and your children in a litigated dispute, fighting to preserve your relationship with and access to them.
Grandparent And Third-Party Visitation Rights
Children often have close ties to grandparents and other adults in their lives, and these ties can be severed by divorce. When appropriate, we can help grandparents and other third parties petition the court to retain visitation rights to the children if visitation would best serve the children’s interests.
Arizona Child Custody FAQs
1. How is child custody decided in Arizona?
Arizona courts decide custody based on the best interests of the child. Factors include each parent’s relationship with the child, stability, ability to provide, and more.
2. What is the difference between legal decision-making and parenting time?
Legal decision-making refers to the right to make important choices for the child (e.g., education, healthcare), while parenting time refers to when each parent has physical time with the child.
3. Can both parents get joint custody in Arizona?
Yes. Arizona often favors joint legal decision-making and equal parenting time, provided it’s in the child’s best interests and both parents can cooperate.
4. What if my co-parent refuses to follow the custody order?
If one parent violates the custody order, you can file a petition to enforce it through the court. Courts may impose penalties or modify the existing order.
5. Can I modify an existing child custody order in Arizona?
Yes. Custody orders can be modified if there’s a significant and continuing change in circumstances that affects the child’s well-being.
6. How does relocation affect child custody in Arizona?
A parent planning to move more than 100 miles away or out of state must provide notice and may need court approval if the move affects custody or parenting time.
7. Do grandparents have custody or visitation rights in Arizona?
In some cases, yes. Arizona allows grandparents to petition for visitation if it serves the child’s best interests and certain legal conditions are met.
8. Can an unmarried parent get custody in Arizona?
Yes. Unmarried parents have custody rights, but paternity must be legally established before the court can issue orders for custody or parenting time.
9. Will the child have a say in who they live with?
While there’s no specific age, Arizona courts may consider the child’s preferences—especially if the child is mature enough—along with other custody factors.
10. Do I need a lawyer to get a child custody order?
Although not required, working with a child custody attorney can help you understand your rights, file the proper documents, and represent your interests in court.
Discuss Your Legal Options With Us
If you need skilled legal representation in the Phoenix metro area, contact The Shaw Law Group today. You can call our office in Gilbert at 480-660-6226, our office in Prescott at 928-277-8172 or reach out online.