High-Conflict Child Custody Attorney In Chandler, AZ
As a parent, you prioritize protecting your child’s well-being and safety when determining a custody arrangement. However, when you and your child’s other parent disagree, it can leave you concerned about your child’s future. A Chandler high-conflict child custody lawyer can help you resolve conflicts and determine the right custody arrangement for your family.
Why Choose Ellsworth Family Law, P.C.?
For over 20 years, Ellsworth Family Law, P.C., has been a local law firm helping families navigate complex family law and child custody cases. Our staff includes two Certified Family Law Specialists and Arizona Bar-licensed legal paraprofessionals. Our unique family law qualifications, experience in navigating high-conflict child custody laws, and skill for facilitating mediation over family law issues can help you reach a resolution that protects your family.
How Are Child Custody Matters Decided in Arizona?
Most child custody cases are made in collaboration with both parents to decide important elements of a child custody arrangement. However, the court may step in to make the final decision in many cases. Child custody cases in Chandler, AZ are filed through the Maricopa County Superior Court.
When determining child custody in Arizona, two types of decisions must be made:
- Parenting time. Parenting time involves who the child lives with and receives day-to-day care from. In Arizona, most cases involve a child spending equal time with each parent. Parenting time plans may also include a visitation plan.
- Legal decision-making. Legal decision-making decides which parent has the right to make important decisions about the child. These decisions could be about education, healthcare, religious activities, or the extracurricular activities a child is involved in.
Most of these decisions must be made after a divorce, as about 52% of divorced women and 30% of divorced men in the state have children under 18. However, changes in circumstances, relocation, and decisions regarding children of unmarried parents also require a unique child custody arrangement. A Chandler high-conflict child custody lawyer can develop a plan that works with both parents’ preferences and reflects any changes or complexities in your case.
When Does a Child Custody Case Become a High-Conflict One?
A child custody case becomes a high-conflict one when intense, ongoing disputes make it difficult or impossible to resolve major issues. Several factors may lead to a high-conflict case, including:
- Interstate relocation. When parents live in different states or one parent is looking to relocate out of Arizona, it can make splitting parenting time more challenging. Interstate custody arrangements are heavily impacted by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Ellsworth Family Law, P.C., has experience with this law and helping families develop a plan across state lines.
- Domestic violence. In Arizona, there were 84 domestic violence-related deaths in 2023, highlighting the need for parenting plans to secure a child’s safety. The existence or threat of domestic violence may create the need for temporary emergency custody orders. Domestic violence may lead to more conflict, as it could limit an abuser’s ability to care for and make decisions regarding their child.
- Disputes over paternity. Paternity must be established to make legal decision-making and parenting time. While married fathers have a legal presumption of paternity, unmarried fathers must prove or voluntarily acknowledge paternity. If there is conflict over someone’s rights and responsibilities as a parent, court-ordered genetic testing may also be used.
- Unwillingness to communicate. In an ideal case, parents can communicate and engage in good-faith negotiations, enabling them to develop a custody arrangement that is satisfactory for both parties while still being in the best interests of the child. One of the most common ways a child custody case becomes a high-conflict one is if one or both parents are not willing to participate.
Why You Should Hire a High-Conflict Child Custody Lawyer
A high-conflict child custody case can be extremely stressful. A Chandler high-conflict child custody lawyer can help you navigate a case by:
- Explaining Arizona’s high-conflict child custody laws
- Using mediation techniques to facilitate negotiations between parents
- Suggesting parenting time and legal decision-making plans that fit your circumstances
- Advocating for you in court
FAQs
Can You Lose Custody for Being High-Conflict?
Yes, you may lose custody for being high-conflict. Parenting plans are developed in the child’s best interests, and persistent conflict or inability to co-parent may threaten the child’s emotional health and lead to violations of parenting plans. If it is determined that being high-conflict may threaten the child’s well-being, you may not have legal decision-making or face reduced parenting time.
What Happens If Parents Can’t Agree on a Child Custody Arrangement?
When parents can’t agree on parenting time or legal decision-making, the court will likely make the final decision or require the parents to attempt mediation. When the court is making child custody decisions, it can evaluate what plan is in the best interests of the child. A Chandler high-conflict child custody attorney can negotiate on behalf of you and your child in court, advocating for a favorable plan, even when a judge makes the decision.
Can Parents Share Legal Decision-Making?
Yes, parents can share legal decision-making. This is known as joint legal decision-making, and it is preferred when determining custody, as it is often in the child’s best interest and supports both parents’ rights. However, in cases where parents cannot agree or cooperate on major decisions, sole legal decision-making may be the right choice to avoid further conflict.
What Is Rule 49 in Arizona?
In Arizona, Rule 49 requires both parties in a family law case to disclose information to each other. This may include documents about parenting time, legal decision-making, or child support payments. A Rule 49 disclosure statement can enable more efficient decision-making and inform parties about what custody plan to choose. In a high-conflict child custody case, you should hire a high-conflict child custody lawyer to facilitate this disclosure.
Speak With a Chandler High-Conflict Child Custody Attorney Today
A high-conflict case can easily leave you overwhelmed and worried about your child’s future. Contact Ellsworth Family Law, P.C., to learn how our skilled child custody lawyers can work tirelessly to seek a fair custody arrangement. Our firm can advocate for your child’s well-being throughout a high-conflict child custody case.
