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