Arizona: Child Custody lawyers

In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at several factors in making this determination, such as the parents’ desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child must move to a new area, and, if old enough, the child’s wishes. Courts consider each case on the individual needs of the children, including:

• Age and development
• Stability and continuity
• Parental cooperation
• Parental fitness and capacity
• Parent-child relationship

Separating parents' rights will vary depending on the type of child custody and visitation. Legal custody is the court-granted right to make major decisions on behalf of the child. This includes choice of schools, religious education, health care, and discipline. Physical custody determines where the child will live and what visitation rights will be awarded.

Most child custody arrangements are "joint custody," or "shared custody." Both parents have joint legal custody, even if one parent has more time with physical custody. For example, a child may live primarily with one parent. But this does not necessarily mean the parents do not have joint legal custody. Both parents have the right and responsibility to make major decisions in the child’s life and adhere to a parenting plan that outlines the specific arrangement.

There are specific legal procedures that are needed to modify an existing child custody or visitation order. The process may vary from state to state and on the specific circumstances of each case. Consulting with an attorney is important to understand the laws in your area. Generally, steps include:

• Review existing order
• Determine meaningful change in circumstances
• Mediation or negotiation
• File a motion
• Court hearing
• Obtain modified order

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• What is your experience and expertise in this area of law?
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• What strategy would you use for this type of case?
• What are the biggest challenges of my case?
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