Phoenix Child Custody Attorney

Phoenix Child Custody Attorneys Dedicated to Helping You Make Smart Choices for Your Family

Going through a divorce or breakup is difficult enough for most parents, but when you add a child custody battle to the mix, the reality of the situation can be overwhelming for many parents. How can you decide how much time each parent gets to spend with their child? It’s never easy to realize that you are most likely going to be spending less time with your children, and it’s an adjustment for the entire family. However, there are legal strategies you can use to ensure that you have a child custody order and parenting plan that is appropriate for your situation and lets you maintain an active and involved relationship with your children. Understanding how custody orders work and the different options available is the first step.

Only a custody attorney can fight for your parental rights while protecting your child’s future and current best interests. Our Phoenix Family Law Attorneys, skillfully navigate these situations every day. Call our office to speak to a member of our team and schedule your consultation. We will discuss your case and help you determine what your options are moving forward.

Do You Know What Goes Into a Custody Plan?

Custody plans include both physical (Parenting Time) and legal custody (Legal Decision-Making) arrangements, and there is a variety of legal decision-making associated with a child custody plan. Some of the most important things to include in a custody plan include:

• Who gets legal decision-making power
• Basic parenting time schedule
• How parenting time will be divided for holidays, vacations, and days of special meaning

Depending on the age of the children involved and the family dynamics, there may also be additional special considerations to include, such as how parenting time will be handled for a breastfeeding child. Other common scenarios include dealing with deployments or frequent relocations for a military family, and what will happen if the children don’t want to spend time with the parent.

Families with children of different ages may need to have separate schedules to ensure that the parenting time plan is developmentally and emotionally appropriate for everyone. Some parents also choose to include terms related to absent parent reunification or first right of refusal, which means that the other parent gets first dibs if one parent can’t be present for their parenting time.
The reality is that custody plans are complex, and it takes time and effort from both parents to come up with an arrangement that fits the family’s needs. Connecting with a child custody attorney in Phoenix, Arizona, is one of the smartest ways to be sure you understand all of your options early on. Delegating parenting time between two parents is essential for a child’s well-being.

Do Custody Plans Differ for Parents Who Were Never Married?

It’s common for unmarried parents to have informal custody or parenting time arrangements, but these aren’t legally enforceable, which can cause problems later on. For two parents who are unmarried or single and live separately, it’s smart to have a concrete child custody plan in place to raise your child best. Arizona child custody laws don’t recognize parental rights of unmarried fathers until paternity has been established, so this is the first step. Once legal parentage is in place, decisions can be made regarding custody and parenting time.

In general, custody plans aren’t any different when the parents were never married. The same basic decisions still need to be made, and the final order is still legally binding and enforceable through the court system. Schedule a consultation with a custody lawyer today to learn about physical custody known as Legal Decision-Making, and legal custody, known as Parenting Time.

What Is the Difference Between Physical and Legal Custody?

If you create a parenting plan, it’s important to understand the types of custody that apply to your family and unique situation. Physical custody and legal custody are separate concepts that are frequently confused.

Physical custody refers specifically to the child’s home and living situation. Parents can share joint custody, but it must be determined where exactly the child will be living, what address they use on legal documents, etc. If parents cannot come to a mutual decision, a judge will decide on their behalf.

Legal custody is different in that it deals with who has decision-making power. If the parents have shared legal custody (now known as Legal Decision-Making), it means that they must be in agreement on major decisions, such as those that involve the child’s education, religious upbringing, or medical treatment. If there are disagreements, a judge may need to make a decision after hearing testimony from both parents.

It’s possible to have joint legal decision-making and very limited parenting time or vice versa. In many cases, the courts prefer for the parents to have joint legal custody unless there is a compelling reason against it. However, it’s possible for one parent to be awarded primary parenting time, or just a larger share of parenting time, for school purposes.

Our Phoenix family law attorneys will attentively listen to your concerns and help you decide what works best for you. Every lawyer at Arizona Family Law Attorneys is trained to understand the nuances of child custody law. We’re here to make the daunting process of determining, changing, or enforcing a custody order a little easier by handling all of the legal legwork for you.

What Custody Arrangements Might Be Options?

Child custody laws dictate that shared custody is the optimal plan for co-parenting. Shared custody is the preferred method for many parents because it ensures parenting time between the mother and father. With shared custody, parents split their time with their children. If there are no mitigating circumstances, there is a presumption of equal parenting in every separation or divorce. In cases where shared custody is not an option, parents opt for shared visitation or sole custody (which frequently entails limited or supervised parenting time).

Sole custody (sole legal decision-making) means one parent has complete and total designation over the child’s best interest. There are no shared decisions between the parents regarding the child’s well-being. Sole custody is typically established when one parent is deemed unable to care for their child. An adult can be deemed unfit to parent for a variety of reasons. If one of the child’s parents is neglectful, abusive, has a drug or alcohol problem, or otherwise is unfit to provide adequate care, the Arizona court will establish sole custody with the more responsible parent.

In the case of sole custody, one parent makes every decision for the child in question and does not have to confer with the other parent for approval or advice. This includes medical decisions, religious vocations, and even educational or personal care choices.

It’s important to note that even in situations where one parent has sole legal custody, the other parent still has parental rights until and unless they are removed by a judge. In most cases, the other parent will also still have court-ordered parenting time with the children. If there is any reason to be concerned for the child’s safety, such as if there is a history of domestic violence or substance abuse, the courts may order supervised parenting time.

Speak to an attorney at our law firm today regarding child custody issues for further information.

What Are Some Unique Custody Concerns?

Many single or unmarried parents may try to delegate custody on their terms outside of court without an attorney. While this may seem like an appropriate option for amicable parents, it’s incredibly important to make parenting time and child custody a legally bound obligation via an attorney.

The future is unpredictable, and as a child’s needs change over time, the type of care and attention they require will change. The most proactive approach you can take toward caring for your child is establishing a legally sound custody plan that ensures both parents will properly cooperate. Our child custody lawyers offer a consultation to anyone with child custody issues in need of advice. We’ll match you with a child custody lawyer who has your best interests in mind.

A family court judge will make the final determination on how child custody will be arranged. The benefit of working with a child custody attorney is that we will advocate on your behalf before a judge to ensure your concerns are being adequately addressed. Divorce and single parenthood can be complex situations to handle without an attorney, especially when one adult contests the decisions. Again, even if both parents come to agreeable terms outside of court, it’s imperative that you legally solidify your child custody plan to alleviate the risk of nonadherence in the future.

How Are Child Custody Orders Enforced?

Even if both parents are in agreement with the parenting plan put in place, it’s not unusual for one or both parents to violate the terms at some point. For example, every parent is bound to be late for a custody exchange once in a while, and it’s common to forget to provide the other parent with school paperwork in busy times. In general, the courts don’t get involved when there are only minor or very rare violations of the parenting plan or custody order. However, when these become more consistent or start to have detrimental effects on children, it may require getting the courts involved to take action.

If talking with your ex and reminding them of what the custody order says hasn’t fixed the issue, the next step is to file a motion for contempt. This alerts the courts that there is an issue that needs to be addressed. The motion explains what’s happening and why it’s a problem that warrants the court’s attention. The other parent will be ordered to appear in court to explain their behavior. If the judge agrees that they are in contempt of the court order, they can face consequences, including fines and even jail time in serious, ongoing cases.

What Happens If a Child Custody Order Needs to Be Modified?

Unlike other orders related to divorce, a child custody order is not set in stone. It’s common for these orders to be modified as time passes and the children’s needs or family’s circumstances change. Sometimes, it’s obvious that a child custody order needs to be amended, such as if one parent has to relocate for a job. However, in other cases, it may just be that the parents recognize that the current parenting time plan doesn’t work right now, and they need to make a change.

Another reason for modifying a custody order is in an attempt to fix an issue with one parent not following it. For example, if one parent consistently refuses to cooperate when making joint decisions about the children’s well-being and care, the judge may amend the child custody agreement to give the other parent the ability to make those decisions on their own.

While it can be tempting to figure out a solution between the parents and not bother with changing the court order, this isn’t recommended. You can only enforce what is in the court order, and if things sour later on, there’s no legal recourse to hold the other parent to the agreement you made outside of court. Arizona family law lawyers have the legal knowledge and experience to help you navigate both of these situations and ensure that your custody order is reflective of the needs and best interests of the children.

Does Custody Affect Child Support?

It’s possible for custody to affect child support because one of the determining factors in the child support calculation is how much time the children spend with each parent. In general, the parent with the most parenting time receives child support from the other parent. This is especially common when there is a sole custody arrangement. However, child support is reduced under shared custody.

In shared custody arrangements, the parents are spending a more equal amount of time with the children, which presumably means they will also be covering a more equal share of the child’s expenses on their time. In some cases, a 50/50 shared parenting arrangement between two parents who have relatively equal incomes could even result in no child support being awarded to either party.

Keep in mind that this is just one of the factors in determining child support, and shared custody doesn’t guarantee not having to pay child support — just as sole custody doesn’t guarantee receiving it. Child support and parenting time are also treated independently of each other. Paying child support doesn’t automatically entitle you to parenting time, and not exercising your parenting time doesn’t mean you don’t have to pay your child support. If you have questions about how your custody order could affect your child support obligations or payments, call our office to speak to an attorney.

How Can a Phoenix Child Custody Lawyer Help?

The team at Arizona Family Law Attorneys is skilled in a variety of family law practice areas. Our law firm is dedicated to leveraging Arizona state law to solve custody issues in your family’s best interests. Our legal team provides compassion, perspective, and solutions backed by effective courtroom advocacy. Our child custody lawyers handle all facets of Arizona child custody law and are proud to represent mothers, fathers, and children in Phoenix, AZ.

Contact our law firm today at 480-448-0608 for a consultation with one of our custody attorneys. Our skilled attorneys are experienced in many practice areas, and they can help solve legal custody issues in your and your family’s best interests.