What you should know about Child Custody in Phoenix
After a divorce, children still need care and support. A Phoenix
custody attorney is almost always needed to help resolve child custody
issues. An Arizona court will definitely look out for the welfare of
the child first, and this may include a court ordered plan to determine
custody.
A
court ordered plan would lay out how much time the child or children
will spend with each guardian. It will also likely determine which
parent will be the primary caregiver. The court tries to rule in the
best interest of the children. Accordingly, relatives will sometimes
ask the court for custody and possibly get it.
Custody Defined
Custody
is defined as the right to make decisions about a child’s welfare. This
may include health and medical choices, as well as education, for
example. A “custodial parent” is the title given to the primary care
giver. Legally, the decision to give custody is not based on the gender
of the parent.
There are several types of child custody. “Sole
custody” simply means that custody of the child belongs to one person.
The parent who has been given sole custody is granted the final
decision in matters when the parents do not have a consensus.
“Joint
custody” is either physical or legal, and sometimes both. In “Joint
legal custody” each parent has equal rights in determining the child’s
welfare. It is also possible that there may be some areas of exception
made by the court, so that one parent will actually have the final say
in certain matters. For this to be considered and granted in general, a
written parenting proposal must be submitted to the court, and
sometimes both parents can be awarded custody. In complex matters like
this, a Phoenix custody attorney will help you make the best decision.
Understanding the Phoenix Child Custody Order
A
“custody order” is granted in some select cases. Of course, separation
and divorce result in a need for custody determination. Sometimes a
former couple may want to change some element of their previous custody
arrangement.
Custody automatically becomes an issue for the
court to decide upon if the separating couple cannot reach an agreement
of any kind. Indeed, even after separation or divorce is granted, it’s
still possible for the court to alter its decision.
If it is in
the best interest of the child, a parent can make a request to alter a
custody order. This request needs to be filed with the Superior Court.
There are certain limitations to this process. Visiting with your
Phoenix custody attorney is the only real way to understand how this
option might affect your specific case.
Sometimes the decision to
grant custody is based in part on expert outside experts. These
individuals are enlisted by the court to help evaluate the family
situation and make a decision with the child’s best interest in mind. A
Phoenix or Arizona court may also seek an investigation executed by an
agency like social service.
Meet with a Phoenix Child Custody Lawyer
The
information here can only serve as a general starting point. Since
child custody in Arizona, or any state, is complex, it’s important to
use the service of a law firm with experience in custody cases within
the Phoenix court system. Always consult with your Phoenix custody
attorney to get the best information possible regarding your special
case.
