High Conflict Child Custody Attorneys
Our High Conflict Child Custody Attorneys serve the Glendale, Phoenix, and Mesa areas and are available for evening or weekend appointments. Call us to schedule your free initial consultation today: 623-688-0887.
Arizona Child Custody Overview
Child custody law pertains to guardianship and the legal relationship between a child and a parent. Following a divorce, the divorced couple must decide upon who will have the legal rights to care for and make decisions for the minor children involved. During the family law proceeding, it will be decided upon where the child or children are allowed to reside and/or with which parent the children will have contact.
There are numerous types of custody arrangements which vary from family to family. Alternating custody allows the children involved to spent equal amounts of time under the authority of each parent by residing with one for a certain amount of time then traveling to the other home. Shared custody differs from alternating custody in that both parents retain legal authority over the children at all times. Bird’s nest custody puts the burden of traveling on the parents instead of the children by having the children remain residing in one home while the parents alternate living in the home. Both parents can have custody of the children, called joint custody; or one parent can have full custody of the children, called sole custody. Split custody allows one parent to have full time custody of one child, while the other parent has full custody of other children. Depending on the family situation, third-party custody may be required, in which the children are not in the custody of either of the biological parents.
Our founding attorney, Patrick Sampair, offers compassionate and reliable legal representation in family law cases dealing with high conflict child custody battles. Contact our trustworthy Phoenix child custody attorney today to make sure that all legal decisions are being made in the best interest of your children.
Legal Decision Making Authority or Legal Custody Facts
Legal decision making authority, formerly known as “legal custody”, has only one primary function: to determine who makes major decisions in their children’s lives. There are two kinds of custody in Arizona: Sole Legal Custody and Joint Legal Custody.
Sole Legal Child Custody
Sole legal custody, now known as sole legal decision making authority, means that the person awarded sole legal custody makes all major decisions in the children’s lives.
Joint Legal Child Custody
Joint legal custody, or joint legal decision making authority, means that both parents make major decisions together regarding their minor children.
Arizona Child Custody Court Decisions
The starting point for understanding child custody in Arizona is to understand that both parents have equal rights, duties and obligations towards the minor children. Child custody in Arizona is governed by statute. The statute provides that the Court may not prefer one parent over the other with respect to custody based upon either parent’s gender. Rather, the Court is required to determine the best interest of the minor children by applying the statutory factors regarding custody and parenting time to the facts in each case. The time that the children spend with each parent is now called “parenting time,” which has nothing to do with legal custody. Whether the Court orders Joint Legal Custody or Sole Legal Custody, both parents are entitled to access to all medical and educational records.
The Phoenix Child Custody Court considers the following factors:
- Wishes of the parent or parents
- Wishes of the child or children
- Interaction and interrelationship of the child with parent, parents, siblings, and any other person who may affect the best interests of the child
- The adjustment of the child to home, school, and community
- Mental and physical health of all individuals involved in the custody process
- If one parent is more likely to allow frequent and meaningful continued contact with the other parent
- If one, both, or neither parent has provided the primary care of the child
- Nature and extent of coercion or duress used by a parent in obtaining a child custody agreement
- Whether a parent has complied with the educational program regarding children and divorce required by Arizona law
- Whether there has been domestic violence or child abuse
By statute, there is no preference for one custody order over another. However, all of the Family Court Judges in Arizona prefer Joint Legal Custody To Sole Legal Custody.
Arizona laws require the Court to determine child custody in accordance to the best interests of the children involved. As experienced high conflict child custody lawyers, The Sampair Group helps parents through the complicated and stressful child custody process.
For more information, visit our Custody FAQs >>
High Conflict Child Custody Attorneys in Phoenix
Contact our experienced family law attorneys at The Sampair Group for help with legal matters concerning high conflict child custody. We serve clients throughout Maricopa County, including Glendale, Phoenix, Peoria and Mesa and are available for evening and weekend appointments.