The decision to divorce is a difficult one. However, when you have children, it can become even more contentious and emotionally trying. Establishing a physical custody and visitation arrangement that both parents agree with can be challenging – particularly when child custody is a factor in determining child support obligations.
Arizona courts understand that children need stable parental relationships and base custody decisions on what is in the best interests of the child. What you consider the best interests of your child may not coincide with the court’s idea. This is why you must present a strong case for the custodial and visitation arrangement you think is the most reasonable for your family.
The Sun City family law attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. understand how difficult it can be to have to fight for your rights as a parent. We understand the child custody laws in Arizona, and we can help you pursue a child custody arrangement that is best for your child and your family. Contact us to learn more about the legal services that we can help you with.
What Are Key Points for Reaching an Agreement between Parents on Child Custody in Sun City, AZ?
Parents who are able to reach a custody agreement on key issues such as child custody and visitation keep matters in their own hands instead of the hands of the court. In some cases, mediation may be utilized to help spouses come to an agreement about their child custody/visitation parenting plan when joint custody is the goal. If you are seeking sole custody, you may need more than mediation.
Under Arizona law, parenting plans should specify:
- Whether legal decisions will be made by one or both parents
- Each parent’s rights and responsibilities for the care of the child and decisions concerning education, health care, and religion
- A practical parenting time schedule, including holidays and vacations
- Procedure for exchanging the child, including transportation and location
- A procedure by which disputes and proposed changes may be resolved
- Procedure for periodic review of the terms of the plan by both parents
- Procedure for communicating about the child, including methods and frequency
- A statement that each parent has read and understands and will abide by notification requirements under Arizona law of any known sex offender or anyone convicted of a dangerous crime against children who have access to the child.
What Happens When Parents Cannot Agree on Custody and Visitation Rights in Arizona?
If the parents cannot agree on child custody and time-sharing, the parties must request a hearing. Each parent must submit a parenting plan to the court containing each of the elements listed above. The court will decide about any element on which the parents cannot agree. According to Arizona law, the court may also determine other factors as needed for the physical and emotional health of the child.
Factors the court will consider in determining custody include:
- The relationship between the child and parent – past, present, and future
- The child’s adjustment to the community, school, and home
- Interaction of the child with parents, siblings, and anyone who could impact his or her best interests
- The child’s own wishes, depending on maturity and age
- The physical and mental health of all individuals involved
- Which parent is most likely to facilitate a continuing and meaningful relationship with the other parent.
What About Custody and Visitation Rights of Other Relatives?
Under Arizona law, a person, other than a legal parent, may petition the court for visitation rights under certain circumstances. These persons can also petition the court for legal decision-making authority and custody of a child. However, the court presumes that it is in the child’s best interest for parents to have legal decision-making authority. The petitioner would have to prove that it would be significantly detrimental to the child to remain in the care of the legal parent.
How Can a Sun City Child Custody Attorney Help You?
If you are involved in a child custody dispute, an experienced child custody lawyer can help with your child custody issues. Our attorneys know the law and can protect your rights as a parent. A skilled family law attorney can help facilitate an agreement between you and your spouse, or present a convincing argument to the judge and fight for your legal custody or visitation rights in court if necessary.
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