Complex Child Custody Attorney In Scottsdale, AZ
Determining child custody is often one of the most emotionally difficult aspects of a divorce or separation, and it can be even harder when there are complex aspects like high-conflict relationships, relocation requests, or domestic violence. A Scottsdale complex child custody lawyer can help parents gather important information to navigate negotiations of parenting plans or take the custody case to court. An attorney can advocate for your children’s best interests.
Hire a Complex Child Custody Lawyer in Scottsdale
Ellsworth Family Law, P.C. has over 20 years of experience in family law, and a team with two Certified Family Law Specialists. When you have a complex child custody case, we have the necessary skills and resources to help you manage it.
The Family Department for the Maricopa County Superior Court has several locations near Scottsdale, including one in Mesa. Our firm has experience in these courts. We offer exceptional and compassionate legal support for families.
The Basics of Child Custody
In Scottsdale, Arizona 14.2% of the population is under the age of 18. In 2022, 27% of all children in the U.S. under the age of 21 were living with one primary custodial parent. Custody cases must determine two things:
- Legal decision-making, or the ability of a parent to make important choices for their child
- Parenting time, or the scheduled time that a child has with each of their parents
Both types of custody must be determined. Either the court will approve a parenting plan made through negotiations, or the court will make custody decisions.
Custody arrangements are significantly affected by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) when parents live in different states. Our firm has significant experience in these types of cases.
When Does a Custody Case Become a Complex Child Custody Case?
There are many factors in a family’s life that can make a child custody case complex and harder to navigate. This includes:
- High conflict. When parents cannot work together to determine custody of their children, the case resolution will be determined by the court. This can be more complicated for families for many reasons. There are increased costs, and you have to work with the court’s schedule. High-conflict custody cases are also more likely to result in accusations about abuse or substance misuse, and can require a lot more time to resolve.
- Relocation. Custody cases can be more emotional and contentious when one parent wants to relocate further away in the state or out of state. It can greatly limit the other parent’s ability to see their children frequently and make the logistics of a parenting plan complicated. When the other parent does not agree to the move, the court will get involved.
- Domestic violence. When there is a history of domestic violence, abuse, or neglect by either parent, it changes how the court handles the custody case. The court is more likely to award sole custody to protect the children’s best interests. The existence of domestic violence also makes the case more complicated for families, as parents have to take more steps to keep themselves and their children safe.In Arizona in 2023, there were 84 domestic violence-related fatalities. Parents need to take steps to secure temporary and sometimes emergency custody orders. An attorney can help with this process and make sure it is done right.
- Health concerns. When either of the parents or their children has significant health concerns, it can impact how parenting plans and custody decisions are made. If a parent’s health issues or disability prevent them from providing for their children’s needs, this can impact custody. Children with disabilities may also require higher levels of care, which has to be considered when creating a parenting plan.
- Absence. When one parent is unavoidably absent frequently or for a long period of time, it can impact the custody arrangement. One parent may have active military duty, requiring a flexible parenting plan. One parent might be incarcerated, which will either require a temporary modification or mean that the custody arrangement will have to be updated after their sentence has been served.
There are other issues that can complicate custody, like paternity determinations, remarriage, modifications, and violations of court orders.
FAQs
What Is the Biggest Mistake in a Custody Battle?
The biggest mistake in a custody battle is letting the disagreements of the case impact your children. This includes talking badly about the other parent, making accusations, or otherwise letting the stress of the process harm your children’s well-being. These cases are understandably emotional and stressful, but you should always be aware of your children’s best interests. Additionally, acting this way can be used against you in the custody case.
What Is Rule 49 in Arizona Family Law?
Rule 49 in Arizona family law requires that spouses, co-parents, or other parties in a family law case share information.
This includes information about their ideas and plans in order to resolve the family law issue. It also includes the exchange of important financial information and other documentation to determine decisions for children, spousal maintenance, and other important issues. This exchange of information is meant to help parties reach resolutions more effectively.
How Much Does a Custody Lawyer Cost in Arizona?
The cost of a custody lawyer in Arizona depends on the attorney and the facts of your case. When you have a complex custody case, you can likely expect the costs of representation to be higher. Often, an attorney will have to work longer and use more resources to resolve these cases. However, it is important to protect both your and your children’s best interests with exceptional legal support.
Can You Get Full Custody in Arizona?
Yes, it may be possible to get full custody in Arizona, depending on the best interests of your children and other factors. A parent can request sole legal decision-making, which can be granted. However, in Arizona, a parent who is not given sole or joint legal decision-making is entitled to reasonable parenting time. Parenting time is only restricted if the court determines that it would put the child’s well-being, or moral, mental, or emotional health in danger.
Scottsdale Complex Child Custody Attorney
When you hire a complex child custody lawyer at Ellsworth Family Law, P.C., we can help you create a strategy for your case. We want to help you secure the ideal outcome. Reach out today.
