Child Custody Lawyers
You may be searching for child custody lawyers or attorneys in Scottsdale, Moshier Family Law can help! When divorce involves children, Moshier Family Law will fight to protect your children’s future by maximizing custody and child support payments.
Some common queries used to find our Child Custody Lawyers include: Child custody attorney Scottsdale, child custody lawyers near me, child custody lawyers for fathers, child custody attorney near me, affordable child custody attorneys, and child custody lawyer Scottsdale az.
Child Custody may be the most common argument between couples going through family crisis or a marriage dissolution. But child custody disputes are not only for divorcing couples. This subject is not only complicated to each parent or guardian but is even complicated within the legal process. Custody is actually physical and legal custody. In January 2013, our legislators gave new names to custody: the parenting time given to each person involved and the ability to make legal decisions for the child in question.
It is possible to have sole legal decision-making with a 50%/50% parenting time schedule, and it is possible to have joint legal decision-making with a parenting time schedule that seriously restricts one parent’s time.
We care about the delicate effect that divorce has on parents and their children. Our knowledgeable guardianship and child custody attorneys work with you to receive the maximum amount of custody that the law allows.
In Arizona, the court system leans towards awarding each parent 50% parenting time in order to allow the child to be raised by both parents equally. This does not mean that just by showing up to a courthouse that you will be granted a 50%/50% schedule. It is a common misconception in Arizona that every parent will automatically be awarded 50/50. The judge can award one parent more or less time on a case by case basis. For mothers and fathers alike, this means your life will be scrutinized to determine parenting time. If you want a relationship with your child, there are important factors each judge has to consider. The judge will consider factors such as your involvement in your child’s life. Another important factor is your mental and physical health. Your living situation and your child’s environment will be considered.
Acquiring Parenting Plans & Child Custody Arrangements
An essential element in divorce when you have children is a court enforced joint parenting plan. This is a legal order that details the sharing joint custody of the child(ren) post-Decree.
Legal Framework and Collaborative Solutions in Arizona
For more information about child custody in Arizona, there are a number of statutes that address the factors a court has to consider. See the “best interest factors” statute here. If you want to read more about the factors a judge can consider in granting sole legal decision-making click here. For information on the statute concerning parenting plans, click here.
Child custody and legal decision-making issues are typically resolved most easily through collaborative process. This means that both parents will “buy in” to the agreements they reach. Parents don’t cooperate as easily when they are told by a judge what to do. For more information about collaborative process, click here.
Family courts decide custody according to the best interests of the child, including:
- The child’s desires
- The age of the child
- Each of the parent’s desires
- The child adjustment to home, community and school
- History of drug or alcohol abuse, child abuse or domestic violence
- Whether or not the parents have offered primary care for the child in the past
- The mental and physical health of everyone involved
- The parent-child relationship with each parent
- Each parent’s openness to foster a substantial and significant relationship with the other parent
Protecting your children’s future and their standing after divorce is essential to their sense of assurance. Moshier Family Law is a professional in Scottsdale and Phoenix at acquiring the most reasonable joint parenting plans and child-support arrangements possible. We collaborate with parents and professionals to provide practical, child-focused arrangements for effective joint-parenting and child support scheduling. When mediation or collaboration isn’t an option, we employ litigators who prepare your case with a creative and careful method.
Legal Custody, Physical Custody, Joint & Sole Custody
It is vital to know the difference between the types of custody when dealing with parenting time concerns. The types of child custody include:
Making Legal Decisions
Legal custody allows the parent to make decisions on the medical health of their child(re). Legal decision making means you make decisions about their medical care, personal care, religious education, schooling, etc.
Making Joint Legal Decisions
Simply because you are awarded some or all parenting time does not always mean you can make big life decisions. If you have joint legal decision-making you need to consult the other parent on medical, health and religion choices. A judge will decide your right to legal decision-making if you go to court. If you stay out of court, your rights can become the subject of an agreement in mediation or Collaborative Process.
Joint legal decision making enables each parent to make these kinds of decisions for their children. It is possible for each parent to have a joint legal custody agreement without also splitting up their parenting time.
In physical custody, you determine the child(ren)’s residence and which parent they will primarily live with. Joint physical child custody is generally granted, except when one parent is considered unfit.
Joint Child Custody
In joint child custody, the time will be shared between the parents in a way that is compatible with the child(ren)’sbest interests.
Joint Custody — Awards joint legal decision-making authority for each parent presuming the parents can each agree on issues concerning the child’s upbringing, if disagreements come up, the parents can talk to a mediator, a parenting coordinator or head back to Court.
Sole Custody and Legal Decision Making
In Sole Legal Decision Making, one parent has final say in decision making the other parent may or may not be granted visitation rights but will not have custody and won’t be authorized to make final legal decisions.
Child Custody Modifications
Child Relocation (Interstate or International)
When parents seek to relocate with a child, the judge considers both the ‘best interest factors’ and other necessary factors specified in the ‘Arizona Relocation Statute,’ A.R.S. §25-408. Making a case for a ‘move away’ in Arizona is particularly challenging.
Initial Consultation With Our Child Custody Lawyers
Do I need to bring anything to my consultation? No, we will provide an outline that outlines the necessary information to develop the right case strategy. Your answers to the following questions will assist us in determining the type of custody you will receive:
- Is there any evidence of abuse or domestic violence?
- How far is each parent from the children’s activities and school?
- Are both parents actively involved in the child’s medical care, education, and other activities, or has one parent taken on this role? Additionally, do one or both parents have extended family members living nearby, and would reducing parenting time with one parent affect the child’s relationship with extended family members?
- What is the relationship like between each parent and the children?
- Does your child have special needs, and are both parents meeting those needs?
Child Custody and Paternity
Scottsdale Service Area
Our divorce lawyers are just a short drive from many Scottsdale neighborhoods including Fashion Square, Old Town Scottsdale, North Scottsdale, McCormick Ranch, Cave Creek, The Boulders, Mission, Paradise Valley, Scottsdale, Gainey Ranch, Troon North, Grayhawk, South Scottsdale, Shea-Scottsdale, DC Ranch and other areas.
Child Custody Lawyer Consultations in Phoenix & Scottsdale
We can protect and advise you regarding: Divorce and property division, child custody, child support, legal guardianship, child visitation, marital home and real estate matters, allocation and valuation of investments, businesses, practices, retirement savings, pensions, personal possessions, valuables, vehicles, closely held businesses, alimony and spousal maintenance, and debt division. To find out how our divorce attorneys can help your matter, schedule your initial case evaluation today.
Divorce and Family Law
Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.
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