Most parents place the welfare of their children above almost anything else. Therefore, when the parents of a child decide to divorce, a critical consideration in the divorce involves determining a child custody arrangement that is in the child\u2019s best interest. Parents often disagree as to how custody should be divided, and custody battles can quickly become contentious. If you need assistance with a child custody matter, it is crucial to engage a family law attorney as soon as possible to assist you in protecting your parental rights. At Stromfors Law Office, our experienced Chandler child custody lawyers will assertively advocate on your behalf and help you develop a custody arrangement that is beneficial to your child and allows you to retain your parenting privileges. We have represented residents of Maricopa County in child custody cases for almost 20 years and will work tirelessly to help you seek a successful outcome.<\/p>\r\n\r\n\r\n\r\n
The majority of custody cases arise out of divorce proceedings. If the divorcing parents are able to develop a custody arrangement to which they both agree, the court will approve the plan if it determines that it is in the child\u2019s best interests. If the parties are not able to come to an agreement, each parent is required to submit a parenting plan. The court will review the parties\u2019 plans but will ultimately issue a parenting plan that it determines to be in the best interests of the child.<\/p>\r\n\r\n\r\n\r\n
When the parents of a child are not married, either parent can institute proceedings to establish paternity. In addition to establishing paternity, either party can request that the court determine each parent\u2019s rights and obligations regarding legal decision-making and parenting time as a part of the proceedings. If paternity is established, the court may award the father parenting time and legal decision-making rights. A child custody attorney in the Mesa area can guide you through this process.<\/p>\r\n\r\n\r\n\r\n
What is generally called legal custody is known as legal decision-making under Arizona law. Legal decision-making is the authority to make important decisions about a child\u2019s education, religious practices, and health care. The court may grant one parent sole legal decision-making rights. In most cases, however, the court will find that a parenting plan that permits both parents to exercise legal decision-making rights is in the child\u2019s best interests. If the parties are granted joint legal decision-making rights, neither party\u2019s rights are superior, unless specified by the court.<\/p>\r\n\r\n\r\n\r\n
In Arizona, parenting time is the term used for what is typically called physical custody. Parenting time is the time during which a parent has access to the child and is responsible for providing for the child\u2019s needs. Shared legal decision-making authority does not mean equal parenting time. Even if a parent is not granted sole or joint legal decision-making rights, he or she may still be granted parenting time, unless the court finds that allowing the parent any access to the child is not in the child\u2019s best interests. Our Chandler child custody attorneys can help explain how your preferred parenting time arrangement fits your child\u2019s best interests.<\/p>\r\n\r\n\r\n\r\n
Factors that the court will consider in determining how to divide legal decision-making rights and parenting time include each parent\u2019s present, past, and future relationship with the child, the child\u2019s adjustment to his or her home and community, and the mental and physical health of the parents and the child. If the child is of an appropriate maturity, the court may also consider the child\u2019s wishes. The court will also consider whether there are any detrimental factors that weigh against a parent, such as domestic violence, coercion in attempting to obtain a parenting agreement, or denying the other parent access to the child. The parenting plan will designate legal decision-making authority and a schedule of parenting time, and it will set forth additional information regarding exchanges of the child and communications regarding the child.<\/p>\r\n\r\n\r\n\r\n