Child Custody Attorney In Tempe, AZ
Child custody is one of the most contentious areas of modern divorce law. Nearly all parents want to protect their children’s well-being and ensure that they have happy, stable childhoods, but it’s often the case that emotions get in the way. You can protect your parental rights and your child’s best interests by working with an experienced Tempe child custody lawyer. You can trust Ellsworth Family Law, P.C., to provide compassionate yet robust representation in your child support case. Our firm is home to two Certified Family Law Specialists, other attorneys, and multiple legal paraprofessionals, so we can offer our services at a variety of price points. Our entire team is intimately familiar with child custody and family laws, and we’ll be happy to leverage that knowledge to help your family.
Hire a Child Custody Lawyer
Roughly 30% of Arizona households have at least one child living in them under the age of 18. Around 36% of all children in the state live in single-parent households due to either parental divorce or unwed motherhood. Mothers are the sole parents in 80% of single-parent homes, but Arizona courts are not legally allowed to consider gender when determining custody arrangements. What these statistics indicate is that if you’re going through a child custody battle, you’re not alone. Many parents in Arizona have had to fight for their parental rights and the best interests of their children in court. The most straightforward way to do that is to hire a seasoned child custody lawyer.
How Custody Gets Determined in Arizona
According to Arizona Revised Statutes Section 25-403, the primary goal of custody arrangements is to ensure the best interests of the child. That requires evaluating:
- Each parent’s relationship with the child
- The child’s relationship to their home, school, and community
- Both parents’ abilities to cooperate regarding the child
- The potential presence of domestic violence or child abuse
- The child’s wishes, if they are of a suitable age and maturity
In most cases, parents agree to joint custody of their children and share parenting time in a 50/50 split, but that’s not automatically assumed in Arizona. When you head to the Maricopa County District Court for your hearing, you should arrive prepared to show why joint custody or sole custody is the ideal scenario for your child.
Legal vs. Physical Custody
There are two types of custody in Arizona:
- Legal custody. This type of custody refers to the ability to make decisions about your child’s upbringing, including their schooling, their religion, and even what’s considered old enough to date or drive a car. Many parents share joint legal custody of their children, working together to make decisions about the most essential aspects of their upbringing.
- Physical custody. This type of custody involves where the child lives. Parents who have joint physical custody can split the time 50/50 or make other arrangements depending on the child’s needs. These arrangements will be described in a residential plan or physical custody schedule.
Parenting Time and Visitation
In circumstances where one parent has sole physical custody of the child, they are considered the custodial parent. The non-custodial parent is still entitled to spend specified parenting time unless the courts have determined that it would be detrimental to their well-being. This usually comes in the form of visitation. Grandparents can also seek visitation rights in Arizona in some circumstances.
Understanding Parenting Plans
Parenting plans are court-approved documents that lay out the basics of the child custody arrangement. They typically include:
- A residential plan
- Provisions for how parents will make big decisions in the child’s life
- A method for resolving disputes without going back to court
- A provision for the periodic review of the parenting plan
- An indication that both parties recognize that joint custody doesn’t necessarily equate to equal parenting time
FAQs
Who Pays Child Support in 50/50 Custody in Arizona?
The higher-earning parent typically pays the lower-earning parent in 50/50 custody in Arizona, even though both parents spend equal amounts of parenting time. The purpose of these payments is to help balance out the cost of child rearing. If both parents have similar income levels, there may be little to no child support mandated by the judge.
How Do You Win Full Custody in Arizona?
You can increase your chances of winning full custody in Arizona by hiring a skilled Tempe child custody attorney. To get sole custody of your child, you must prove that it’s in that child’s best interests, usually because the other parent poses some kind of risk to the child’s well-being or is unfit to parent. You should also focus on showing that you can provide a stable home.
What Is the Average Child Support Payment for One Child in Arizona?
There is no average child support payment for one child in Arizona because every family’s situation is different. If the higher-earning parent makes more money, their payments will generally be higher, as well. The purpose of child support is to balance out the costs of child-rearing, so both parents’ income, the child’s needs, and the custody arrangement in place must be considered.
What Rights Do Fathers Have in Tempe, AZ?
Fathers have the same rights as mothers in Tempe, AZ, when it comes to child custody. Arizona decides who gets custody of a child based exclusively on what’s in that child’s best interests, but the courts often decide that a 50/50 split of parenting time is the right solution. To gain parental rights, unwed fathers must prove their paternity before petitioning the court for custody or visitation orders.
Tempe Child Custody Lawyer
If you’re looking for an experienced Tempe child custody lawyer to help you with your case, you’ve come to the right place. Ellsworth Family Law, P.C., practices family law exclusively. Our team has handled countless child custody cases in our many years in practice, protecting the parental rights of our clients and the best interests of their children. Contact us to schedule an initial consultation today.
