Trusted Child Custody Attorney In Queen Creek, AZ
Child custody disputes impact every area of your family’s future. It determines where your child may live and how parents may make major decisions for their children. A trusted Queen Creek child custody lawyer can help you understand Arizona’s custody laws, courtroom procedures, and legal standards.
Many Queen Creek families drive along Ellsworth Road, Signal Butte Road, or AZ State Route 24 to get to Court or pick up their kids. Having custody orders that work for your lifestyle can make daily routines easier.
About Ellsworth Family Law, P. C.
Ellsworth Family Law, P.C. is a boutique Arizona family law firm that has been serving families for over 20 years. We exclusively handle family law matters, and our founding partners, Steve Ellsworth and Glenn Halterman, are Certified Family Law Specialists. To become a Certified Family Law Specialist, an attorney must practice law for many years, pass rigorous testing, and demonstrate proficiency in Arizona family law.
Steve Ellsworth also maintains a Fellowship with the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. Partner Taylor Larson has worked on several high-profile cases over the years and has been asked to comment on family law issues for television and other news programs. We also have a team of licensed legal paraprofessionals who can assist eligible clients with certain family law matters.
Arizona Child Custody Laws
Child custody is commonly a cause of concern in cases of divorce or when the parents were never married. In Arizona, the divorce rate is 2 per 1,000 residents. Additionally, 45.4% of live births were to unmarried women. This shows the grave need to establish strong custody arrangements.
Arizona uses the legal terms legal decision-making and parenting time to describe what most states refer to as custody. Legal decision-making considers which parent can make important decisions for a child. Issues include education, health care, religion, and overall welfare. Parenting time determines when each parent may spend time with the child.
Courts determine legal decision-making and parenting time according to a child’s best interests. Family courts use this standard to identify what circumstances, parenting arrangements, and decision-making authority may serve the child in the most beneficial way. Judges consider each parent’s circumstances and a list of factors set forth by statute.
Arizona law requires parents to complete a parenting plan if they disagree about legal decision-making or parenting time. Parenting plans include parenting time schedules, holiday schedules, transportation instructions, and guidelines for resolving future disputes.
Common Issues in a Child Custody Case
Every family’s situation is different, but some issues are more common than others. These concerns are common during negotiation phases and can also emerge as significant issues during litigation:
- Who has legal decision-making authority
- Parenting time schedules
- Where a child may go to school
- Holiday and vacation time
- Relocation
- Modifying existing orders
Arizona judges consider evidence about each issue before making decisions in the child’s best interests.
Modifying Child Custody Orders
When Arizona law allows for it and the situation has shifted, legal decision-making and parenting time orders may be altered. Common examples include new work schedules, relocation, ongoing parenting concerns, or something that may affect the child’s schooling or medical care.
Parents should not file a custody order simply because they want a different schedule. Instead, the parent who requests a change must prove that Arizona law allows the modification and that the circumstances will benefit the child.
Hire a Child Custody Lawyer
Parents may wish to hire a child custody lawyer to help with issues related to child custody. More complex legal issues may require additional time, legal analysis, and multiple court hearings. Some cases require emergency relief or additional negotiation to reach a resolution.
If parents live in different states, a trusted Queen Creek child custody attorney can help you understand the Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA is a law adopted by every state that determines which state’s Court has jurisdiction. Jurisdiction issues can be very complex if one parent moves away with a child or if there are already existing custody orders.
FAQs
Who Wins Most Child Custody Cases?
Child custody cases are not seen as winning or losing, but as choosing what is in the best interests of the child. Arizona courts generally presume that it’s not ideal for a single parent to have sole legal decision-making power. Judges review the factors in Arizona law and determine which parenting plan would be in the child’s best interests. Parents often share legal decision-making authority or reach their own agreement through negotiation.
How Hard Is It to Get Full Custody in Arizona?
It can be difficult to receive sole legal decision-making authority in Arizona because judges usually want both parents to have a role in the child’s life if it is safe and possible. If a parent asks the Court to make them the sole decision-maker, they need to prove that awarding them sole decision-making authority is in the child’s best interests.
Is Arizona a 50/50 State for Child Custody?
Arizona is not a 50/50 state when it comes to child custody. While the law allows parents to agree to divide parenting time equally, Arizona courts are not required to order 50/50 parenting time. Instead, judges determine parents’ parenting time based on the best interests of the child after considering all the facts of the case. Some Arizona families may be granted equal time with their children, and others may receive a different schedule.
Can a Child Choose Which Parent to Live With in Arizona?
Children in Arizona cannot choose which parent they want to live with. However, a judge may consider a child’s wishes if he or she is of a suitable age and maturity. The judge may still decide based on what he or she thinks is in the child’s best interests.
Trusted Queen Creek Child Custody Lawyer
Divorce is difficult, particularly when children are involved. Determining where your child will live is an important legal decision that can be filled with complications. Child custody decisions affect the entire family. At Ellsworth Family Law, P.C., we can advocate for your and your child’s best interests. Contact us today and find out how our knowledge and experience can help.
