Child Custody

Custody Lawyer Phoenix, AZ

There are generally three different types of custody:

Sole Custody: This is generally where one of the parents makes all of the important decisions regarding the children (i.e. decisions regarding education, medical, religion), and where such parent has the majority of the time with the children.

Joint Physical Custody: This is where everything is essentially equal. Under such option, the parents would have equal time with the children (or very close to equal time). Generally the parents will make all-important decisions together (i.e. decisions regarding education, medical, religion).

Joint Legal Custody: This is where one of the parents may have more time with the children, but the other parent has rights with regard to decision-making. The parent with more time with the children is sometimes called the “primary residential parent”. The Parenting Plan may provide that one of the parties make the important decisions after consulting with the other parent. The Parenting Plan may provide instead that the parties make such decisions together. There are numerous options available.

Custody Determination:  Arizona public policy treats each parent equally, meaning that no bias or preference is afforded either parent based on gender.  Arizona statues set forth the specific factors that the court addresses when deciding what the best interests of the child would be when determining custody.  Those factors are:

• Whether either of the parties have primarily provided the care for the children in the past.
• What the parents want and why.
• What the children want and why.
• How the children get along with each of the parents and others.
• How the children are doing in each household, and how they do in school and the community.
• Whether the parents use appropriate discipline and reinforcement.
• The mental health of each of the parents.
• The mental health of the children.
• The physical health of each of the parents.
• The physical health of the children.
• Whether the parents have any problems which effect the children’s best interests – For example – drug use, alcohol abuse, physical abuse of the children or the other parent, and criminal history in some cases.
• Which parent is more likely to work well with the other parent regarding parenting time and other issues.
• If psychologists or other mental health providers have been involved, the Court will consider recommendations from such experts.
• Whether one of the parties is attempting to alienate the children or is engaging in other inappropriate behavior.
• Whether there are events or factors which may endanger the children.

At Parker & Lazzara, we are committed to advocating our clients’ position(s) regarding custody while conducting a best interests of the child analysis.  This delicate balance requires solid communication between you and your attorney, so that litigation strategies can be factored into the custody presentation that will be made to the court.

If you have an issue dealing with child custody or visitation, please schedule an appointment with one of our experienced attorneys by calling 480-456-3080.