SCOTTSDALE CHILD CUSTODY LAWYERS

You can be certain High Desert Family Law Group will do all they can to safeguard the future of your child or children. We understand the impact divorce can have on not only parents, but a child or children and will always have their best interests in our hearts and minds. Read on to learn more.

OBTAINING CHILD CUSTODY AGREEMENTS & PARENTING PLANS IN SCOTTSDALE

A joint parenting plan signed by a Judge is a court order – the purpose of which is to lay out the instructions for sharing custody of a child or children following the divorce process.

In situations where the parents cannot agree on parenting, the court will devise a plan the parents must adhere too. The court will consider the best interests of a child or children and court Judges are obliged to maximize the amount of time each party may parent. In Arizona there is gender neutrality, meaning, the gender of one parent is not considered if each parent is fit for the duties of being a parent. However, if one parent is unable to be a parent fifty percent of the time because of factors such as a criminal background, committing domestic violence or drug or alcohol abuse, a different verdict may be reached. Also, our attorneys will strongly defend you if your suitability to be a parent is being unfairly questioned.

Family courts determine child custody based on the best interests of the child, taking into consideration a great deal of details, including:

  • The age of a child or children
  • The child’s desires
  • The desires of the parents
  • The child or children’s capability to adjust to home, school and community
  • Substance abuse, domestic violence, or child abuse history
  • What parent has provided primary care for the the child in the past
  • The mental and physical health of all parties
  • The child or children’s relationship with each of their parents
  • The willingness of each parent to foster a meaningful and substantial relationship with the other parent

High Desert Family Law Group is recognized as an authority in reaching the best conclusions for everyone in these circumstances. Initially, we will try to collaborate with parents and related experts schedules that fit the needs of everybody including those of the child or children. When this is not possible, we utilize specialized litigators who to prepare your case.

LEGAL CUSTODY, PHYSICAL CUSTODY, JOINT & SOLE CUSTODY

It is vital to understand the difference between legal, physical, joint and sole custody when dealing with parenting time issues. Read on to learn more:

CHILD CUSTODY (AKA PARENTING TIME)

Physical custody is when you can make a determination where your children will reside and where they will reside (and with who) for the majority of the time. Unless one parent is considered not fit for parental duties, joint custody is usually awarded.

JOINT CHILD CUSTODY

Joint parenting time means the time will be split between the parents in a manner that best suits the requirements of a child or children.

LEGAL DECISION MAKING

Legal decision making permits one parent to make health decisions on behalf of their child or children.  Decisions regarding medical treatment, religious education, schooling and personal care fall under legal decision making.

JOINT LEGAL DECISION MAKING

Joint Legal custody permits both parents to make health decisions on behalf of their child or children.   Decisions regarding medical treatment, religious education, schooling and personal care fall under legal decision making.

JOINT CUSTODY

Joint Custody (aka Joint Legal Decision Making) means both parents have the authority to make decisions regarding the upbringing of a child or children when both parties can agree on terms. When this is not the case, the parents may utilize a mediator, a coordinator who specializes in parenting or they can choose to return to court for a decision.

SOLE PARENTING TIME AND LEGAL DECISION MAKING

As the title suggests, this is where one parent has the total decision making rights over a child or children, regardless of whether the other parent has visitation rights although they will not have custodial rights and will be unable to make legal decisions impacting their child or children.

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INITIAL CONSULTATION WITH OUR CHILD CUSTODY LAWYERS

In this process we will outline the details and requirements needed to be successful in your child custody case. But consider the following questions:

  • Are both parents participating in the medical care, education and associated activities of their child or children or has this been the responsibility of just one parent?
  • How would you depict the relationship your child or children have with their parents?
  • Does your child or children have special needs, and can they be met by both parents?
  • Is there a history of abuse or domestic violence inflicted by either parent?
  • Does one parent have more immediate and extended family close to hand whose time with your child or children may impact the parenting time of the other parent?

CHILD CUSTODY MODIFICATIONS

Modifications and changes to child custody arrangements can be made. You may be responding to a change from the other parent or find your own circumstances have changed and you need a change or modification to be made. In these circumstances, it is a particularly good idea to use the services of a child custody attorney. Remember, once orders have been issued child custody, it is unlikely you will be able to change or alter these orders for at least one year.

Contact us today and get your

FREE CONSULTATION!