Father's Rights Attorney in Arizona

Phoenix Child Custody Lawyers

Passionate Representation from Arizona Family Law Attorneys

One of the many issues divorcing families face is determining child custody. Couples going through both contested divorce and uncontested divorce might disagree on how they would like to split custody of their children. Child custody matters can be extremely sensitive and unique to each family, which is why it is so important to choose a compassionate Arizona family law attorney dedicated to helping families come to a mutual child custody agreement. Whether you are in the middle of a divorce or you are seeking to modify current child custody orders, the Phoenix child custody lawyers of Arizona Family Law Attorneys are ready to help you.


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How Do Arizona Courts Determine Child Custody?

Most Arizona courts determine child custody based on what is in the best interests of the children. While this is the most common way to determine custody, family courts also factor in the following:

  • Child’s age and sex
  • Mental and physical health of the child
  • Mental and physical health of the parent
  • The lifestyle of the parent requesting custody
  • How granting custody will affect the child’s current life
  • Whether or not the parent will be able to provide for the children

Types of Child Custody

When considering child custody, family court judges are required to start at joint custody and base their child custody ruling on evidence presented. Before choosing which custody you would like our Phoenix child custody lawyers to build a case around, it is important to understand the responsibilities of each type.

  • Joint Custody – When Arizona family courts grant joint custody it means both parents agree to work together in making their child’s transition as smooth as possible. Joint custody could mean children split their time 50/50 between two households or spend weekends at mom’s while weekdays would be spent at the other parent’s house. Parents with joint custody are required by state law to draft a plan detailing their arrangement.
  • Sole Custody – If a judge believes it is in the best interests of the child to grant sole custody, they will. Generally, Arizona family law judges do not award sole custody of the children to one parent unless there is substantial evidence that the other parent is an unfit caretaker. This could be due to drug or alcohol abuse but can also be if one parent has started living with a new partner, and that partner is deemed an unfit guardian by the court.
  • Legal Custody – If a parent is awarded legal custody, this means they are entitled to make decisions regarding this children’s school, religious upbringing, health care, and other needs.

What is a Parenting Plan?

According to Arizona law, parents must create and sign a parenting plan if they desire to file for joint legal custody. Once the plan is complete, the court reviews the document, and it is included in their custody order.

Parenting plans must include:

  • Detailed outline of how parents plan to educate their children
  • What type of health care both parents plan to provide for their children
  • How decisions regarding major medical procedures should be handled
  • Religious upbringing
  • A housing plan or schedule of switching custody
  • An outlined method of resolving disputes
  • A signed statement that joint custody does not always mean equal time spent

Let Our Phoenix Child Custody Attorneys Help You

If you are going through a divorce, determining child custody can be a stressful topic. At Arizona Family Law Attorneys, we understand how important spending time with your children during their formative years is. Our Phoenix child custody lawyers are prepared to do whatever we can to help ensure you get to spend the time you need with your children.

Schedule a consultation with our legal team today.