BEST CHILD CUSTODY LAWYERS IN TEMPE, ARIZONA
A child custody case is a type of legal matter that can become relevant whether or not two parents were legally married, although it can also be a component of a larger divorce case. In a child custody matter, your time with your child and authority as a parent are at stake. These issues are priceless, and many parents spend countless hours and paychecks litigating them in family law courts. This time and stress can detract from the very thing you are fighting for, which is being a parent to your child. Our Tempe Custody Lawyers put our knowledge and experience to work in making the best of our clients’ family law situations. Learn more about how Arizona applies to your family law situation and receive a competitive quote for our legal services in Tempe. Get started today with your free consultation by phone at 480-680-9126 or click here.
Reaching An Agreement Out Of Court
The best way to maintain control over a child custody situation is by not letting the matter proceed to trial. A family law judge always has a great deal of control over how a child custody matter resolves. But when a matter proceeds to trial, the judge can make a ruling on every issue that has not yet been finalized. This could result in custody orders that don’t align with either parents’ wishes. But parents also have the option of negotiating an agreement to create their custody orders through a consent decree.
There are several documents required for a consent decree surrounding a child custody matter in Tempe, Arizona. Along with the stipulated order, it may be required to produce a notice of lodging, parenting plan, child support order, child support worksheet, and income withholding order. The court can reject the consent decree if there are any material errors or if the judge does not find the custody agreement to be in the child’s best interest. This is why, even in amicable situations, it’s best to retain a family law attorney to create your parenting time and legal decision-making plan. If you wish to speak with an experienced family law professional in the Tempe area, schedule your free phone consultation today at 480-680-9126 or click here.
Two Types Of Arizona Child Custody
In Arizona, child custody is bifurcated into two parts: physical custody and legal custody. The formal term for physical custody in Arizona is parenting time, and legal custody is also known as legal decision-making. Arizona family law judges have a preference to give the parents equal custody, for both types of custody, or as close to equal custody as possible given the situation at hand. Parents can share legal custody even when the child is in the other parent’s physical custody. This prevents one parent from withdrawing the child from their school, medical care, extracurricular activities, etc., and enrolling them in new ones during their parenting time.
One parent having primary custody of a child isn’t always a reflection on the other parent. Some parents serve in the military or have jobs that otherwise require significant travel. Some have health issues that require medical appointments or hospitalization, which would make parenting time difficult. If 50/50 isn’t the ideal split for your family’s situation, you should be prepared to voice the reasons why to the judge. Learn more about achieving your intended custody orders in Tempe today with your free consultation- click here or call 480-680-9126 to get started.
Tempe’s Choice For Unbeatable Family Law Representation In Child Custody Cases
You probably never imagined your rights as a parent could be taken for granted until you became involved in a child custody matter. But that is just what is at risk if you go into a custody case without a skilled professional to represent your interests. Family law attorneys have a reputation for squeezing every possible penny out of their clients, but our team knows just how damaging that can be to a family that is already in distress. Our experienced lawyers offer our top-tier legal services at competitive rates for families in Tempe. Discuss your case with a member of our team today for free by clicking here or calling 480-680-9126.
What Factors Decide Child Custody?
Arizona sets forth the factors that should be used to determine child custody in A.R.S. § 25-403. They are considered to be those that are relevant to a child’s best interests. It is each party’s job to utilize evidence and articulate arguments supporting why their proposed custody plan is best for the child. The judge can consider any factors unique to a case, but those listed in the statute include:
- The child’s past, present, and potential future relationship with each parent
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent
- The interaction and interrelationship of the child with the child’s parents, the child’s siblings, or any other person who may significantly affect the child’s best interests
- If the child is of a suitable age and maturity, the wishes of the child as to legal decision-making and parenting time
- Whether one parent intentionally misled the court to cause delays, increase the cost of litigation, or to persuade the court to give them preference
- Whether there has been domestic violence, child abuse, or an act of false reporting
How Are Child Custody And Child Support Related?
While they are related, child custody and child support are actually two separate matters in Tempe. One parent should not withhold parenting time from the other parent because they have failed to make their child support payments, but should instead pursue other methods of collection through the courts, which are quite strict.
Parenting time shouldn’t be withheld due to failure to pay child support, but that doesn’t mean the two matters are entirely unrelated. How much parenting time each parent is allotted is a factor that affects child support calculations. The other major factor that goes into child support determinations is each parent’s financial situation. Other special factors can also affect child support, like if the child has special needs. Because having more parenting time of a child can reduce a parent’s child support obligation, some parents will fight for custody to save money rather than out of love for their child.
Evidence To Gather For An Arizona Child Custody Matter
Family law courts can become a battle of “he said, she said” without evidence to back up statements and allegations. You should begin gathering these pieces of evidence as soon as possible in a child custody matter. You can work with your custody lawyer to craft your evidence into arguments that support your positions on your child’s physical and legal custody. Some of the most common types of evidence used in child custody matters in Tempe include:
- Social media posts, especially those including the child
- Tax returns and pay stubs supporting financial stability
- Police reports for incidents involving either parent
- Report cards
- Medical records
- Character reference letters from important figures in your child’s life, such as their coach or teacher
- A list of any times there were issues during custody exchanges
- Photos and videos of any incidents that could affect the child’s best interests
- Phone call records between parent and child
- Emails, texts, and other records of communication between the parents
- Journaling regarding time spent with the child and observations about the child’s condition and behavior
- In some cases, the child’s testimony
- Custody evaluations from an expert witness
- A proposed parenting plan, including a visitation schedule and information about how the other parent will be involved in the child’s life
- Witness testimony
Modifications To Tempe Child Custody Orders
Some parents compromise on issues in their custody orders that are important to them, thinking they can go back and amend them later. This isn’t a wise strategy, as judges don’t want to encourage repeated litigation of issues that would be a stress on the child and the court’s resources. There are certain requirements that must be met for a parent to pursue a modification to child custody orders, and even then, a modification is not guaranteed.
The eligibility requirements for child custody modifications are slightly different depending on whether the parents share joint custody or one parent has sole custody. For a joint custody situation, a parent can request a modification after 12 months if there has been a substantial and continuing change in circumstances.
A parent with joint custody orders can also request a modification after 6 months if the other parent hasn’t been following the custody orders. For sole custody situations, a modification can only be granted after 12 months if there has been a substantial and continuing change in circumstances. For both, an emergency modification can be granted at any time if the child’s current environment is putting them at risk. The burden will be on the parent moving to modify the custody orders to prove if there has been a substantial and continuing change in circumstances or noncompliance with custody orders by the other parent. Learn more about modifying Tempe child custody orders today by clicking here or calling 480-680-9126.
Frequently Asked Questions About Child Custody In Tempe, Arizona
Is a mother given preference over a father in Arizona child custody determinations?
In the eyes of the law, both parents are equal and should be given at least consideration for equal custody. However, the judge can consider if one parent was a primary caretaker for a child as a factor for child custody. This has historically resulted in many mothers being granted primary physical custody, but this trend is not codified under Arizona law.
Who can I ask to provide testimony in a child custody case?
Witness testimony can help a judge determine what kind of custody situation would be best for a child. Childcare providers, teachers, music teachers, sports coaches, religious mentors, and other professionals involved in the child’s life can all be convincing witnesses. Other family members, neighbors, and friends may have more intimate insight into a child’s situation. Therapists, counselors, and social workers can provide witness testimony using their professional skills.
Why should I avoid talking negatively about the other parent to my child?
Hearing too much about a child custody matter and other details can be stressful for a child and make them feel guilty. If you speak negatively about your ex to your child, it could be considered parental alienation. These attempts at damaging the relationship between your child and the other parent could be used against you at future custody proceedings.
Does the court appoint an attorney for me for my child custody case?
We are only guaranteed a court-appointed attorney when our liberty is at risk, so for criminal prosecutions, when jail time is on the line. A party in a family law matter, such as a child custody case, must retain their own attorney if they want legal counsel for the matter.
Can I still obtain custody of my child if I’m not on the birth certificate?
If you aren’t listed on the child’s birth certificate and weren’t married at the time of the child’s birth or adoption, you may need to establish paternity before you can pursue a child custody case. This can be done through a DNA test, which should be requested through the court.
How old does the child have to be for the court to consider their opinion for a custody determination?
There is no set age at which the court will consider a child’s opinion as to their own custody, although in Arizona, it is typically at about 12 years old.
Can I leave the state once my custody orders are in place?
Most custody orders will specify the procedures a parent should take if they wish to leave the state or country with the child. It may requirement agreement from the other parent or approval by the judge before that parent can travel with the child. If one parent wishes to move out of state with the child, they will need to follow the appropriate relocation procedures or could be found guilty of parental kidnapping. A parent must also provide 60 days’ notice if they wish to relocate outside of a 100-mile radius within Arizona state.
