Child Custody and Parenting Time

Arizona Child Custody and Parenting Time Attorneys

The needs and best interests of minor children lie at the heart of every child custody and parenting time case. At the law firm of Warner Angle Hallam Jackson & Formanek PLC, we understand that you want to do what is best for your son or daughter. Our job as lawyers is to guide you through the legal process to help you achieve that goal.

E-mail us or call us at (602) 264-7101 to schedule a meeting with a Phoenix child custody lawyer.

Since 1959, our firm has protected and advanced the rights of parents as they move through a divorce or child-related legal dispute. We have the knowledge to help you address issues of child custody and parenting time (visitation). Let us show you the value of experience.

Factors Determining Custody

Child custody and parenting time is determined by examining the "best interests" of the minor child(ren). The Court is required to consider all relevant factors as set forth in A.R.S. § 25-403, including:

• Mental and physical health of all persons involved
• Whether one parent has acted as the primary caregiver
• The child(ren)'s adjustment and interrelationship to the parents
• Siblings and other family members
• Whether one parent is more likely to facilitate contact with the other parent

The children's wishes are also a factor that the Court must consider. This factor is a continuum where the children's wishes carry more weight as they approach the age of eighteen years old.

Joint Legal Custody vs. Sole Legal Custody

The Court orders either joint legal custody or sole legal custody under A.R.S. § 25-403.01. Legal custody is the authority to make decisions on behalf of the children. A parent can decide which school they will attend, what doctor they will see, what medications they receive and other important issues. The Court prefers to award joint legal custody unless the case involves issues such as drug or alcohol abuse, physical abuse, sexual abuse or other factors that could harm the child.

The Court specifically considers domestic violence (A.R.S. § 25-403.03) and drug or alcohol convictions (A.R.S. § 25-403.04) in entering a custody and parenting time order.

Access to a Child's Records

Unless the Court determines that there should be restrictions on a parent's access to the minor children's records, each parent is entitled to obtain records directly from medical providers, schools, and other agencies, as allowed by A.R.S. § 25-403.06.

Primary Caretaker and Relocation Issues

The designation of one parent as the "primary caretaker" does not diminish the other parent's rights, nor does it create any presumptions in the event that further custody issues are litigated in Court. (A.R.S. § 25-403.07) However, such a designation could affect the parent's request to temporarily relocate out of Arizona.

Cases involving relocation of children to another jurisdiction and modification and enforcement of orders from other Courts are complicated. They require an experienced attorney to address unique legal issues. Our attorneys have extensive experience handling relocation and jurisdiction issues. We can help you secure permission to relocate or prevent the relocation according to your needs.

We are also available to address Hague Convention child custody disputes. These are complex cases that involve international child custody laws. Our family law attorneys have the knowledge and experience to handle these difficult cases.

Resolving Child Custody Matters Amicably

Reaching a mutually acceptable agreement on custody and parenting time is almost always preferable to a trial. To reach an agreement on Joint Legal Custody, the parties must submit a Joint Custody Agreement and Parenting Plan under A.R.S. § 25-403.02. Typically, these negotiated agreements are much more detailed than the orders made by a Court after a trial, and are custom-tailored to your individual case. Therefore, negotiated Joint Custody Agreements provide much more stability and guidance to the parties with the aim of minimizing future custody and parenting time disputes.

You may pursue settlement of your matter through Alternative Dispute Resolution ("ADR") utilizing the court's free settlement conference procedures or through private mediation or arbitration.

If ADR does not resolve your case, we will assist you in obtaining a resolution from the Court through the traditional litigation process. Our experienced attorneys assist with preparing for and conducting Resolution Management Conferences, Temporary Orders hearings, Emergency Petitions and all types of trials and evidentiary hearings. We have the experience to help you establish, modify and enforce all types of child custody and parenting time orders.