Types Of Child Custody Cases In Tucson

Posted by :Michael On : March 30, 2021

Our Tucson Family Law Attorneys Discuss The Different Types Of Custody Cases In Arizona

Contact our Tucson Family Law Team if you are in need of a divorce, have a custody issue, or any other family law matter. Our experienced divorce and family attorneys take pride in offering exceptional customer service to people in Tucson and Pima County, Arizona.

Tucson Child Custody Lawyers

Child custody is a topic that is complex and confusing for many. Starting a child custody matter means you’ll need to familiarize yourself with child custody legal terminology. There are also variations and court-based assumptions that vary by state. Before beginning your case, it will serve you well to inform yourself about the different types of custody. Child custody is split into two sections, parenting time and legal decision making. The way these custody decisions can be ordered are different types of custody. Knowing the verbiage in child custody matters will help you request the right type of parenting plan in your custody case.

Parenting Time Attorneys in Pima County

Parenting time is a term that is fairly self-explanatory. It is also often referred to as physical custody. The parents can agree to their own schedule, known as a parenting plan, or the judge may make a determination for them. This plan should be followed at all times unless there is an emergency. The amount of parenting time each parent has can affect how much child support is paid, but parenting time may not be withheld because a parent is behind on child support payments. There are several relational, health, and logistical factors that go into determining how parenting time is ordered.

Common parenting plans include one week on/off, visitation every weekend or every other weekend for one parent, 3-4-4-3, and 2-2-5-5. Once a child reaches a certain age, the courts prefer for the child to spend equal or nearly equal amounts of time with each parent. If one parent lives far away, the child may spend summer vacations and longer breaks with that parent. Parenting plans also usually allow for the child to spend certain holidays with each parent. For example, the parent will usually have custody of the child on their own birthday, the father will get the child on Father’s Day, and the mother will get the child on Mother’s Day. The child’s wishes will also be taken in account when determining child custody, once the child has reached a certain age and maturity level.

Legal Decision Making Lawyer Tucson

Even if one parent has the child with them the majority of the time, parents can still equally split legal decision making. Also referred to as legal custody, this is the parent’s authority to make decisions about the child’s medical treatments, education, religious studies, etc. One parent may have physical custody of the child most of the time, but still need to consult with the other parent before making important decisions, if that parent has legal decision making rights. The child’s school, doctors, etc. will need to be apprised of all updates to the legal decision making portion of custody orders.

Tucson Sole Custody Attorneys

Sole custody is the type of custody when only one parent is given parenting time and/or legal decision making. Sole custody can be applied to both parenting time and legal decision making. One parent could have sole legal decision making while the parents share joint parenting time, and vice versa. A judge may order sole legal decision making if the parents are high-conflict- an inability to reach an agreement on joint custody issues could cause the couple to come back to court for every dispute.

Joint Custody Lawyers in Tucson

When parents have joint custody, they both have legal decision making and parenting time rights for the child. Parenting time doesn’t need to be exactly 50/50 for the parents to have joint custody. Family judges in Arizona prefer to place children in joint custody plans with both parents. The child’s relationship with each parent and other household members, each parent’s capacity to care for the child, special needs and health issues, deployment, incarceration, and other factors can all cause a judge to deviate from a joint custody order.

Primary Custody

Primary custody is a term for when the child spends a majority of the time with one parent. It is often assumed that the mother automatically gets primary custody of the child. This isn’t true- Arizona family judges have no preference between mother and father in custody matters. If one parent has 61% or more of the child’s time, that parent is usually said to have primary custody. A parent may be awarded primary custody if the other parent has a tumultuous relationship with the child, lives far away, or is an unfit parent. Primary custody may also be appropriate if one parent has been shown to interfere with court procedures, sabotage the parenting plan, or otherwise attempt to alienate the child from the other parent. The courts always make decisions keeping the child’s best interests as the number one priority, and sometimes a primary custody agreement fulfills these needs.

Custody Modifications In Tucson, Arizona

In an ideal world, custody orders would always be followed, and always remain the perfect fit for co-parenting situations. This, of course, is not reality. Courts will grant a modification to custody orders when there has been a substantial and continuing change in circumstances. This standard is strictly upheld to prevent ceaseless relitigation of issues, which would waste the court’s limited time and resources.

A custody modification can only be granted after at least one year has passed since the original orders were issued. After that, a modification per cause can only be granted after one year since the last orders. However, courts will always hear a request for an emergency custody modification if the child is in danger.

Contact Our Experienced Tucson Divorce Lawyers

If you’re facing an upcoming Arizona child custody matter, Tucson Family Lawyers is here to help. Your time with your child is priceless, so you shouldn’t leave it in the hands of someone who isn’t an expert in family law. Our custody lawyers have years of experience achieving positive outcomes for clients in situations that are probably similar to yours. Tucson Family Lawyers offers skilled, quality family law representation at affordable rates, and offer monthly payment options to fit your budget. Our Tucson Family Law staff and attorneys will be with you through each step of the custody process so you can proceed with confidence. To learn more, contact us today to schedule your free consultation at (520) 307-0020.

Tucson Family Lawyers

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800
Email: [email protected]

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603

Is there a Cooling Off Period in Arizona Divorce?

Posted by :Michael On : January 7, 2021

Category: Divorce

Is there a Cooling Off Period in Arizona Divorce?

Understanding the Mandatory Waiting Period for Divorce in Arizona

Our Tucson Divorce Attorneys talk about the Arizona Cooling Off Period when divorcing in Arizona. If considering filing for divorce in Arizona, you should contact an experienced Arizona Family Attorneys for advice.
Our Consultations are 100% Confidential and Free of Charge.

Divorce is a very emotional step in a person’s life. Often, once a person decides that they want a divorce, they want instant satisfaction. However, all too often, once cooler heads prevail and many couples reconcile. Imagine of divorce was instantaneous and then you got back together and had to go through the whole process of getting married again to the same person. Having a cooling off period makes sense for a lot of reasons. Read on as our Arizona Divorce Attorneys answer often asked questions about the cooling off period in Arizona with divorces.

What is a Cooling Off Period When it Comes to Divorce in Arizona?

Divorce laws can be vastly different between states, but most states have a mandatory waiting period for divorce, also known as a “cooling off period.” Your divorce can’t be finalized until the necessary cooling off period has been fulfilled.

In Arizona, the cooling off period begins on the date that your spouse is served with the divorce petition. The cooling off period in Arizona is 60 days, or two months.

Why is a Cooling Off Period Necessary?

Many people who file for divorce later change their mind and withdraw the petition, so a mandatory waiting period prevents these people from obtaining a divorce in the heat of the moment. The cooling off period is also useful because it gives the spouses time to try to reach a divorce settlement agreement on their own. This can help prevent hastily drafted agreements, or one spouse being pressured into accepting an agreement on the spot. If the spouses can agree on matters like property division, spousal maintenance, child support, and child custody, they can avoid their case going to trial. Otherwise, these matters can take months, or even years, to litigate.

Does Every State Have a Cooling Off Period?

Not every state has a cooling off period. Georgia, Montana, New Jersey, New Hampshire, New Mexico, and Nevada all omitted mandatory cooling off periods from their divorce laws. That doesn’t mean you can move to one of these states to avoid a cooling off period- you will still need to meet that state’s residency requirement before you are eligible to file divorce there. California’s cooling off period, which is 6 months, is the longest in the United States. Some states also create additional factors that can affect how long a cooling off period lasts. Idaho has a cooling off period of only 20 days, but that waiting period extends to 90 days if the couple has minor children.

How Long do I Have to Live in Arizona to File for Divorce?

You must live in Arizona for at least 90 days to meet the residency requirement to file divorce here. This 90 day requirement also applies to members of our armed forces who are stationed in Arizona. However, a child must live in 6 months before Arizona will have jurisdiction over child custody matters.

Does It Matter Who Files for Divorce First in Arizona?

Arizona is a no fault divorce state, so the spouse who files first, or the petitioner, doesn’t need to prove any misconduct by the other spouse, or the respondent, to be granted a divorce. You gain no advantage from filing first, and your filing fees could be slightly higher. In Arizona, the filing fee for a divorce petition is $349, and the filing fee for a response to a divorce petition is $274.

If your spouse lives in Arizona, they will have 20 days to file their response with the court after being served with the divorce petition. If your spouse lives in a state other than Arizona, they will have 30 days to respond. If your spouse fails to file a response, you will go through a process known as default. The divorce will be granted as you requested in the petition, and the cooling off period will begin as if your spouse had been served.

Our Arizona Family Lawyers Can Help You with Additional Cooling Off Period Questions.

Do you have more questions about how the cooling off period will come into play in your divorce case? Call the professionals at My AZ Lawyers for answers to your Arizona family law questions, as well as an economical quote for legal representation. Our Arizona Family Lawyers and AZ Divorce Attorneys even offer monthly payment plans to make quality divorce representation fit in your budget. The consultation is free, so schedule your consultation today!