Scottsdale Custody Lawyer

Child custody disputes can be stressful and emotionally charged. Parents want what’s best for their children. However, they may disagree on how to achieve that goal. If you’re facing a custody dispute, working with an experienced Scottsdale custody lawyer can help you seek the best possible outcome for your child.

With over 50 years of combined legal experience, Mushkatel, Gobbato & Kile, P.L.L.C. offers personalized support to help protect your parental rights and your child’s happiness. We understand the law and the emotional challenges that come with custody disputes. Let us make this situation as easy as possible for you.  Contact us today to learn how an experienced child custody attorney can guide you through the legal process, or find out what our other clients have to say.

What Are Different Types of Child Custody in Scottsdale?

Two main types of child custody exist in Arizona: legal and physical custody. Both types of custody can be granted solely or jointly. However, what do those terms mean?

Joint custody allows parents to share their children’s day-to-day responsibilities and/or decision-making authority. If you have joint legal custody, both parents have decision-making authority over their child’s upbringing. This authority includes deciding where they go to school, medical decisions, religion, and more. Similarly, if you have joint physical custody, your child will live with both parents. However, that doesn’t necessarily mean they’ll spend equal time living with both parents. Every other weekend, for example, is a typical joint custody arrangement.

Sole custody grants one parent exclusive decision-making authority or physical custody. You can make major decisions about your child’s upbringing if you have sole legal custody. Sole physical custody means the child lives with you. However, your child’s other parent may have visitation rights.

If you have questions about joint or sole custody, our experienced Scottsdale custody lawyers can help you understand these potential arrangements and work toward a solution to support your family’s unique needs.

What Is the Difference Between Physical Custody and Legal Custody?

Arizona recognizes joint and sole custody. You can have joint or sole physical and legal custody as a parent. Physical custody is where your child lives. If you have physical custody of your child, you have day-to-day caregiving responsibilities when they’re with you. For example, you’re the one who arranges for their transportation to school and extracurriculars and supervises their daily routine, and they sleep at your house.

Legal custody is decision-making authority about things like education, healthcare, and religion.

Remember, parents can have sole or joint physical and legal custody. For instance, one parent might have sole physical custody while sharing legal custody. Even though your child doesn’t live with their other parent, the other parent has decision-making authority over your child’s upbringing.

What Is a Parenting Plan?

If you get divorced or otherwise separate from your child’s other parent, you’ll need a parenting plan. A parenting plan is a legally binding document outlining how you’ll share responsibilities and time with your children. Arizona requires parenting plans in all custody cases.

An Arizona parenting plan must address:

• A schedule for parenting time
• Allocation of legal decision-making authority
• Guidelines for resolving disputes
• Arrangements for holidays, vacations, and special occasions.

A good parenting plan minimizes conflicts and provides stability for your children. Our child custody lawyers can help you draft a comprehensive plan that works for you – and keeps your child’s best interests at heart.

What Factors Can Affect Scottsdale Custody Arrangements?

Arizona prioritizes the “best interests of the child” when determining custody. Each custody dispute is determined on a case-by-case basis.

Some factors judges will consider in custody arrangements include:

• Your child’s relationship with each parent
• Each parent’s ability to provide a stable and loving environment
• Your child’s current home, school, and community, and how that might change
• Each parent’s willingness to cooperate and facilitate a relationship between your child and the other parent
• Evidence of domestic violence, substance abuse, or neglect
• Your child’s own preferences, if appropriate.

What Is the ‘Best Interest of the Child’ Standard?

The “best interest of the child” standard helps courts prioritize your child’s well-being. Under Arizona law, the court “shall consider all factors relevant to the child’s physical and emotional well-being.” Those factors include the above, as well as:

• The “interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and others who may significantly affect the child’s best interest”
• The mental and physical health of you, the other parent, and your child
• Which parent is more likely to allow the child “frequent, meaningful and continuing contact with the other parent” (unless domestic violence is an issue)
• Whether you or your child’s other parent “intentionally misled the court to cause an unnecessary delay,” whether to increase the cost of litigation, or get better treatment
• Whether one or both parents used coercion or duress for custody determinations
• Whether either parent was convicted of an act of false reporting of child abuse or neglect.

What Are the Steps for Filing for Custody in Scottsdale?

Filing for custody in Scottsdale typically involves several steps:

• Filing a petition
• Serving the other parent with the custody petition
• Going through negotiation or mediation to try to reach an agreement
• Going to court hearings, if you and the other parent cannot agree on a plan
• Getting a final custody order from the court.

Our attorneys can guide you through each step, help you meet all deadlines and procedural requirements, and present the strongest case possible.

Can Custody Arrangements Be Modified?

Yes, custody arrangements can be modified if there is a significant change in circumstances. This change often involves one parent relocating, evidence emerging of neglect or abuse, or a change in your child’s needs. Modification requires filing a petition with the court to change your agreement. You must show why the modification is in your child’s best interests.

Contact a Scottsdale Custody Lawyer

We understand the importance of child custody determinations at Mushkatel, Gobbato & Kile, P.L.L.C.. With a focus on personalized service and a deep understanding of Arizona family law, we’ll work to protect your parental rights and seek the best possible outcome for your children.

Whether you need help drafting a parenting plan, filing for custody, or modifying an existing arrangement, our experienced attorneys are here to help. Contact us today for a consultation.

Visit Our Scottsdale Custody Law Offices