Child Custody Attorney In Scottsdale, AZ
Few family law issues are as delicate or emotionally charged as child custody cases. Parents actively seek their children’s best interests, but Arizona’s child custody laws present a difficult challenge to those who do not have skilled legal help. Choose Ellsworth Family Law, P.C., if you need a knowledgeable and compassionate Scottsdale child custody lawyer during challenging times.
About Us
Ellsworth Family Law, P.C., is a boutique family law firm located in Scottsdale and serving clients throughout the greater Phoenix area. Founded in 2003 by Steve Ellsworth, a Certified Family Law Specialist, Ellsworth Family Law, P.C., has developed into one of the most respected family law firms in Arizona.
Glenn Halterman, a partner in the firm, is also a Certified Family Law Specialist. F. Taylor Larson has developed a reputation for handling high-profile cases, and he also provides legal commentary in the media. Our firm’s extensive knowledge and experience can address any family law situation with excellence.
Understanding Child Custody in Arizona
Child custody is not a foreign issue in Arizona. Many children do not live with both parents, so custody must be determined. In 2022, 4% of children lived with neither parent, 5% lived with their father, and 22% lived with their mother alone.
Child custody consists of two rights, legal decision-making and parenting time, in Arizona. Legal decision-making is the legal right to make decisions concerning important aspects of a child’s life, such as education, healthcare, and religious upbringing. Parenting time determines the schedule for when the child will be in each parent’s care. A.R.S. §25-403 governs custody decisions. Arizona courts determine child custody based on the best interests of the child. The factors considered include:
- The child’s relationship with each parent
- The child’s needs
- The ability of each parent to provide a safe and healthy living environment
- The child’s standing in their school and the community, along with how changes would affect it
- Each parent’s ability to foster a positive relationship with the other parent
- Any history of abuse, neglect, or addiction
Arizona has no preference for mothers or fathers. The legal decision-making power between parents remains irrelevant during Arizona parenting time disputes. The primary concerns during court decisions revolve around maintaining stability and safety while ensuring healthy family bonds.
Common Custody Issues
Custody disputes can arise from a number of situations, whether through divorce, unwed parents, or legal separations. Some of the most common custody issues include:
- Joint vs. sole custody. This is when one or both parents have legal decision-making authority.
- Relocation. These issues arise when one parent moves across geographical borders. The UCCJEA makes decisions on what is in the best interest of the child when parents live in two different regions.
- Modifications. The courts understand that circumstances may change, warranting a modification of an existing child custody order. Examples of this can include the growth of the child, thus requiring different needs, or one parent getting a new job.
- Enforcement. If one parent refuses to abide by the order already set (for example, by not picking up or dropping off a child when ordered to do so), the court may need to enforce the order.
Each case is based on the facts of the situation, requiring a Scottsdale child custody attorney to assist in the unique process.
Custody and Special Situations
Cases involving military service, interstate parenting, and disputes over unfitness can present unique challenges for parents. Arizona case law protects parental rights from termination unless there are extreme circumstances. This means judges seek to keep parental connections intact whenever they can.
Military parents dealing with custody issues may need to find ways to balance orders for deployment or relocation with a child’s best interests. The UCCJEA has specific provisions for parents who reside in different states, but jurisdiction can be a challenging issue in interstate cases.
Hire a Child Custody Lawyer
Custody battles are often complex, and the outcome of any such proceeding can have a lasting impact on both the parents and the children involved. When you hire a child custody lawyer, they can:
- Guide you through Arizona’s custody laws.
- Make sure the right paperwork is filed.
- Gather and compile evidence.
- Advocate on your behalf in court to protect your parental rights.
Scottsdale families generally have their child custody cases heard in the Maricopa County Superior Court, which handles family issues such as custody and child support proceedings. A legal professional who understands regional court procedures can provide a significant advantage.
FAQs
How Much Is a Custody Lawyer in AZ?
The cost of a custody lawyer in Arizona will depend on the lawyer’s pay structure and the extent of the contested issues in the case. Simple custody matters are typically less expensive than extensive and contested ones, which can involve disputes over modifications, relocation, or complex issues, such as military deployment. Many lawyers charge by the hour, and this can include filing paperwork, preparing for cases, and appearing in court.
Who Wins Most Child Custody Cases?
There are no “winners” in child custody cases because outcomes are determined based on what is in the best interests of the child. Judges evaluate many factors, such as:
- How well the child is doing at home and in school
- The mental and physical health of the parents
- Each parent’s willingness to encourage a strong parent/child relationship with the other parent
What Looks Bad in a Custody Case?
Behaviors that may hurt a parent’s case include past incidents of abuse or neglect, substance abuse, or failure to cooperate with the other parent. The integrity of a custody case may suffer from a parent’s behavior, such as being dishonest, disregarding court orders, or failing to engage with their child.
How Hard Is It to Get Full Custody in Arizona?
It can be difficult to gain full custody in Arizona, as the state strongly supports shared parenting when it is in the best interests of the child. Unless a parent is incapable of providing a safe and stable environment for the child, such as one free of abuse or neglect, full custody is typically awarded only when there are significant concerns for the child.
Contact Ellsworth Family Law, P.C.
If you are having a child custody issue, Ellsworth Family Law, P.C., can work to resolve it. Contact us today to begin fighting for your child’s future.
