When kids are involved in a divorce, nothing is simple. Your first step to understanding your rights and getting helpful answers to your tough questions is to speak with an experienced and compassionate Surprise, AZ child custody lawyer at Mushkatel, Robbins & Becker, PLLC.
We know how hard it can be to fight for your rights as a parent. We will help you to seek a child custody arrangement that is best for your child and your family. We have many years of experience with helping parents going through a divorce in Surprise and throughout surrounding communities.
So, what can a family law firm do for you? To find out, contact us today and discuss your case in a confidential consultation.
What Are the Types of Child Custody in Surprise, AZ?
Arizona no longer uses the terms “custody” and “visitation.” Instead, the terms are “legal decision-making” and “parenting time.” As you work to resolve your “custody” dispute with the other parent, you should understand what those terms mean.
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Legal Decision-Making
This term refers to which parent has the authority to make major decisions about the child’s life such as those decisions dealing with the child’s school, health care and religious upbringing. Under Arizona family law, parents can have joint legal decision-making authority. In other words, they share the authority to make those major decisions about a child’s life, or maybe one parent makes decisions in certain areas such as where the child goes to school, while the other parent makes decisions in other areas such as where the child goes to church. In some cases, a parent may receive sole legal decision-making authority.
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Parenting Time
Parenting time refers, plainly enough, to the amount of time that a parent enjoys with the child. It can range from a few hours to several days with the child. Today, most divorced parents in Arizona enjoy equal parenting time with their children. However, as we explain in more detail below, reasons may exist for a child to primarily live or spend time with one parent, while the other parent has limited time with the child.
What Does the ‘Best Interests’ Standard Mean?
The “best interests” standard often generates disputes between parents. One parent may view a certain type of arrangement as ideal. The other parent may see it very differently. Many other issues can arise. For instance, one parent may be strongly in favor of maintaining a certain religious upbringing, while the other parent may feel it is detrimental to the child.
Getting custody of a minor child can be challenging and full of emotional and practical hurdles. The process involves several key steps. The first step is to understand what is best for the child. Arizona, like many states, looks to what decision-making and parenting time arrangement will serve the “best interests of the child.”
Arizona family law provides 11 factors for a court to consider when it determines what is best for a child in terms of decision-making and parenting time. Those factors are:
- The relationship between child and parents
- Interactions the child has with parents and other relatives
- The child’s adjustment to things like school, the home environment and the community
- If old enough, the child’s own wishes
- The physical and mental condition of all parties involved
- How well the parents demonstrate that they will be willing to facilitate an ongoing relationship with the other parent (except where abuse or assault are involved)
- The overall conduct of each parent toward the court (such as honesty and not creating unnecessary delays)
- Any evidence of domestic violence or child abuse
- Any bad behavior of a parent such using pressure or coercion
- Compliance with a mandatory joint parenting education requirement
- Any false reports of abuse by either parent.
How Does a Parenting Plan Work in Surprise, AZ?
If you are a parent who is going through a divorce in Surprise, you should strongly consider the benefits of reaching an agreement on a parenting plan with the other parent. If you can agree on a plan, then it means that you – not a court – chooses who will make decisions that affect your child’s welfare and how much time you get to spend with the child. In your situation, the use of a child custody mediation may help you to reach an agreement with the other parent. If you can agree on a plan, it will ultimately spare you a great deal of time, stress and expenses.
Under Arizona law, parenting plans must address certain items, including:
- Will legal decision-making authority be sole or joint?
- What are each parent’s rights and responsibilities for care of the child?
- What is a practical parenting time schedule for everyone, including holidays and vacations?
- How will the parents exchange the child?
- If disputes and proposed changes arise, how will those issues be resolved?
- What will happen if one parent breaches the agreement?
- When will both parents conduct a periodic review of the plan’s terms?
- How will the parents communicate about the child?
An experienced child custody law firm in Surprise, AZ, can work with you toward reaching a parenting plan that achieves your goals as a parent. If you cannot reach an agreement with the other parent, then a lawyer can present your side to a court. Additionally, if any need arises to modify a parenting plan, your lawyer can help you to get through that process as smoothly as possible.
Get Help from a Surprise, AZ Child Custody Attorney Today
At Mushkatel, Robbins & Becker, PLLC, we will pay close attention to your needs and your goals as you go through a child custody battle. We can address all issues that are important to you, including custody of your child. We understand how parents want to have a voice in major decisions about their child’s life and, above all, how they want to spend time with the child as he or she grows. Our experience in family law can make a difference for you. To learn more, call or reach us online today through our Surprise office. We can review your case together and discuss how we can assist you.
Visit Our Surprise, AZ Child Custody Law Offices
About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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