Experienced Child Custody Attorneys
Legal decision-making for a child (commonly known as child custody) is often the most heated part of a divorce. Litigation surrounding child custody can happen at any time and can flare up when one parent decides to move, get remarried, or even when a child goes to a new school. To protect the child’s best interests and safeguard parental rights, we staunchly advocate for our clients, utilizing years of experience to determine the best approach for you and your child.
A child custody hearing can be stressful for parents and children alike. Understanding the basics of these decisions is important in anticipation of any hearing and alleviating your stress. We’ve outlined the factors that go into these decisions to give you a better perspective on these hearings.
When it’s time to address issues of legal decision-making and parenting time in Arizona Family Court, the experienced attorneys at The Valley Law Group will be on your side to ensure the best possible outcome.
Practice Areas of Child Custody Law:
Planning for Child Custody in Arizona - A Free Guide
By studying the Arizona family law materials, you will learn to prepare for court proceedings that may substantially affect how your child(ren) will be raised and the time you will spend with them.
Gaining knowledge in this area puts you in the best position to achieve your goals so you can continue to offer your child(ren) a promising future and provide a happy family life.
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The Difference Between Legal and Physical Child Custody in Arizona
Child custody in Arizona is slightly different than in other states, particularly regarding legal terminology. When referencing custody arrangements, Arizona law refers to physical custody as “parenting time” and legal custody as “decision-making” rights.
When one parent is said to have physical custody, Arizona regulations simply state that they have parenting time, which means that the parent in question is responsible for providing the child with things like housing, food, supervision, and other necessities. Legal custody, what Arizona terms “decision-making” rights, allows parents to choose their child’s medical care, schooling, religious affiliations, and more.
Child Custody Law in Arizona
When determining matters of child custody – both legal decision-making and parenting time – Arizona Family Court justices will consider first the child’s best interests. This is the primary factor that determines the court’s eventual decision. Other factors include the current situation, the child’s relationship with both parents, the parents’ earning capacities, the child’s wishes, the parents’ wishes, physical location, their ability to parent a shared child, and more.
Some of the most common forms of custody arrangements are as follows:
Joint legal custody occurs when both parents share equal responsibility for their child’s life and well-being. In Arizona, this is termed joint decision-making rights. This includes decisions on which school the child will attend, any religious affiliation, medical decisions, and more.
Sole legal custody is when one parent is designated the primary decision maker and has sole decision-making abilities regarding the child’s welfare and the way they are raised. Instead of making these decisions in agreement with a non-custodial spouse, the sole legal decision maker is within their right to take any directive that they see as necessary for the child.
Joint physical custody, known in Arizona as shared parenting time, is highly encouraged and favored by the court. This occurs when both parents share the parenting time of the shared child. They both are expected to house and care for their child on a court-approved schedule.
Sole physical custody, or sole parenting time, occurs when the child lives primarily with one parent. They can control the primary location where the child lives, and they are responsible for taking care of that child’s basic needs like food and clothing. The other parent may be required to pay child support and may also receive limited visitation as ordered by the court.
These systems can be used interchangeably with each other to create a unique parenting plan that fits the needs of a particular dynamic. For example, if two parents share joint parenting time, they may also share decision-making abilities.
To determine which parenting time and decision-making arrangement will work best for your family, consult with the Arizona child custody attorneys at The Valley Law Group.
What Does 'Child Custody' Mean in Arizona
Child custody is an important legal concept in the state of Arizona and refers to both parenting time and legal-decision making for minor children.
Parenting time determines when each parent has physical access to their children, while legal decision-making dictates who has the authority to make decisions about various aspects of the lives of their minor children such as religion, schooling, medical care, and more.
It is important to note that courts in Arizona do not favor one parent over another based solely on gender when making decisions about child custody. Instead, they take into consideration a number of factors including the mental and physical wellbeing of both parents and what arrangement would ultimately be best for the minor child(ren).
In cases involving complex disputes over joint or sole custody rights, courts may appoint an evaluator or guardian ad litem (GAL) who will investigate all relevant facts pertaining to each case before making a ruling.
What Are the Best Interests of a Child? Arizona
All custody arrangements are contingent on what is best for the welfare of the child, and the court uses this child’s best interests as the standard upon which they build a suitable parenting agreement.
To determine the child’s best interests, the court will consider the following:
Both parent/child relationships in the past, present, and future
The child’s relationships with other family members, particularly siblings
The child’s current status in their home, local school, and the neighborhood
The mental health of both parents and the child, including substance use disorder
Physical health of both parents and the child
The ability of both parents to encourage a healthy relationship between the other parent and the child
Any history of child abuse or domestic abuse
The child’s wishes
It is important to note that in Arizona, there is no specified age after which a child can decide to live with one parent or another. However, if the child shows what the court calls “an intelligent preference,” it may consider the child’s wishes.
Overall, the court will determine what is truly best for the child involved.
How Does the Court Define the “Best Interest of the Child?”
When defining the “best interest of the child,” the Arizona court is tasked with upholding any standards that support a child’s emotional and physical security, otherwise known as protecting their best interests. When determining which parent will have legal custody of their child, the court will consider what factors to include in their decision to uphold the best interests of that child.
Both parents can have an equal opportunity for custody, although more women than men have been awarded primary custody.
When presenting custody agreements in court, both parents can provide information that can help the court make an informed decision on custody arrangements, but ultimately, the court has the final say in custody arrangements.
How Custody Decisions are Made in Arizona
If a prenuptial agreement is legally sound and valid under Arizona law, it is a legally binding document that became effective at the time of the marriage.
In an uncontested divorce, where both spouses agree to the divorce and choose not to litigate its terms, the spouses will simply agree to follow the prenuptial agreement. If the divorce is contested, the court will determine that the prenup should be enforced during litigation.
The first step in ensuring that your prenuptial agreement is legally sound is to work with a qualified and experienced attorney who can help you draft the contract. Working on a prenuptial agreement without the help of an attorney can leave you vulnerable to mistakes or inequitable terms.
In the event of a divorce, if one spouse feels the document does not follow the proper legal procedures or is unfair, they could challenge the validity of the prenuptial agreement.
If a challenge is brought on a prenuptial agreement, most courts will begin by looking at the circumstances surrounding the creation of the document. A successful challenge will invalidate the document and eliminate its terms.
Child Custody Laws in AZ FAQs
Here are answers to some of the most commonly asked questions about child custody laws in Arizona:
Prenuptial agreements can be modified or changed up until the time they are signed and notarized. In the event that a couple wishes to modify the agreement after this time, they must form a new agreement. If they are already married and wish to alter the terms, they must then create a postnuptial agreement and ensure it meets all the validity requirements.
To ensure a prenuptial agreement is valid, both parties must have signed a physical prenuptial agreement document in the presence of a witness and a notary. Additionally, they must have had the document independently reviewed by an attorney to ensure fairness to both parties and that no improper terms exist, and they must reveal all of their assets and debts prior to signing. Finally, both parties must have agreed to the document and all its terms voluntarily.
The timeframe for child custody cases in Arizona can vary depending on whether or not parents are able to reach an agreement. Generally speaking, if an agreement is reached between the two parents, the process may only take a few weeks. However, if a case must go to trial it can take notably longer; typically around nine months and in high-conflict cases it is not uncommon for them to last several years.
Ultimately, courts strive to make decisions that are in the best interests of the minor children and will do their best to ensure that any arrangement made is conducive to their healthy development.
Choosing whether to create a prenuptial agreement is a matter of preference and circumstance. For many individuals, a prenup is a way to protect their financial interests that were accumulated prior to marriage. For others, it could be to protect a business venture or family wealth. If you feel you are bringing a substantial amount of wealth into a marriage, anticipate a large inheritance, or have a significantly different income than your spouse, you should consider a prenuptial agreement. However, a prenuptial agreement can suitably protect couples of any financial standing.
The cost of a prenuptial agreement is dependent on the circumstances surrounding the creation of your agreement and the attorney you choose to hire. If you and your partner have extensive assets and debts to go through in order to reach agreements, the negotiation and drafting process can take more time. During this time, your attorney is actively preparing and reviewing the contract.
Because family law attorneys also come with different levels of experience, their costs will vary. Generally, a family law attorney will cost between $200 and $500 per hour. It is best to ask your attorney about costs upfront.
The easiest and quickest way to obtain a prenuptial agreement in Arizona is to have an experienced and qualified family law attorney review your circumstances, discuss the options available, and prepare the documents. Working with an attorney will ensure that mistakes are avoided and your prenup meets all the validity qualifications. While your attorney will help prepare the document, your partner’s attorney will review it to ensure their client understands the agreement and that it is fair for both sides.
Signing a prenuptial agreement occurs before the wedding but after both parties have had the document reviewed by their attorney. The prenuptial agreement must be voluntarily signed by both parties and notarized. Once the agreement is signed, it cannot be changed without drafting a new agreement.
The more time you allow before your wedding date to draft and finalize the prenuptial agreement, the better. We recommend that you try to finalize the document three to six months in advance. This allows plenty of time for the terms of the document to be negotiated, for attorneys to review and make suggestions, and for both parties to sign.
Before moving out of state, you must seek permission from the court and notify the other parent if you plan on moving more than 100 miles from your current residence. For custodial parents, you must follow your custody order, meaning that you cannot relocate with your child without court permission. A non-custodial parent must be given 60 days advance notice of the move, where they will be allowed to object to the move and inform the court of their reasons behind their objection.
Technically, you can create the draft of your agreement independently of legal representation; however, this is not recommended, as it is a legally binding document that could significantly impact your financial standing in the event of a divorce. Further, if there are any mistakes, falsehoods, or unallowable or unfair terms, the document could later be challenged. While outlining the terms on your own may help you save money in the beginning, it could cost you more later when the document must be litigated in court.
If you wish to modify a legal decision-making or parenting time order, you must wait at least one year from the Court’s ruling. You will also need to demonstrate a material change of circumstance affecting the child’s best interest that has taken place since the last court hearing in order to qualify for modification. This means showing the Court that there has been an important change after your last court appearance.
When step parents become involved in a child’s life, it can often lead to conflict over their role. However, by establishing clear co-parenting guidelines and practicing good communication between the parents, this can reduce the level of disagreement. In some cases, it may be necessary to take action to keep a child away from an inappropriate or dangerous situation. Generally speaking, stepparents can be a positive influence in the life of a child. If you have any concerns regarding how a stepparent is interacting with your child, we are here to answer any questions you may have about possible solution.
Do You Need a Lawyer for Arizona Child Custody Cases?
Consulting with a top child custody lawyer in Arizona is the best way to fully understand your parental rights and assert them during negotiations or mediation with your child’s other parent.
The talented child custody attorneys at The Valley Law Group can help you determine a suitable parenting plan, provide mediation services, or advocate for your child’s best interests in Arizona Family Court.
If you need to determine parenting time or legal decision-making responsibilities in Arizona,
contact The Valley Law Group to schedule a free consultation.
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