Whether they decide to separate or formally divorce, any kind of a marriage break up is an intense and emotionally sensitive time for both parties. However when children and child custody rights are involved the whole gamut of separation and divorce becomes immediately more complicated. Amidst the many legalities and issues to be ironed out the children must of course become the priority and it is for the parents, with help from the court system, to make sure this works out smoothly. With so many issues to be taken into consideration, the court must have possession of the full facts as laid out before the judge in order to make the wisest decision on behalf of the children.
Child Custody Process in Arizona
The courts in Arizona have a set process as it pertains to child custody matters. When courts in Arizona resolve child custody situations during legal separation, divorce or based upon petition for child custody amendment due to a change in circumstances of one or both of the parents, there are certain key factors which must be considered: the most important of which is who is best suited to keep legal custody and who will have physical custody of the child or children. In the US the definition of legal custody can be both sole and joint custody and clearly states which parent will be the decision-maker with regard to education, healthcare, religious faith and more. Physical custody generally refers to how time with the child or children will be divided between the parents.
Child Custody in Arizona is defined under Arizona State Law, Title 25, Chapter 4, Article 1, Section 25-403: the court has a duty of care and is bound to review the following as part of child custody determination and according to the best interests of the child or children involved:
- The wishes of the child and both parents.
- The continuing relationship, rapport and bond between the child and each of the parents. Also important here is the child’s connection to other siblings and half-siblings and other family members who could considerably influence the child’s best interests.
- The child’s feelings towards their current home, locale, school, friends and neighborhood in general.
- All round emotional and bodily health of all concerned.
- A professional assessment will be carried out as to which parent is more likely to encourage regular, quality access time with the other parent. However, this issue will not be considered if visitation with the other parent is likely to place the child in danger of child abuse or to witness any act of violence.
- Consideration will be given to the parent who has been the primary care giver.
- Whether any parent used intimidation in any form or brought pressure to bear in order to attain a custody agreement.
- Whether both parents have fully complied with Title 25, Chapter 3, Article 5 “Domestic Relations Education on Children’s issues.”
- Whether there has been, currently or in the past, untrue reporting regarding child abuse and/or neglect.
- Whether there have been, currently or in the past, genuine instances of child abuse and/or neglect.
As a parent you have certainly child custody rights in Arizona and in all cases where child custody is to be ruled by a court, it is always in your best interests as a parent to contact the Cantor Law Group immediately. One of our team of custody lawyers will then take time to understand your case and will assist you in an in-depth review of your situation and clearly answer any questions you may have at this time. Your Cantor Law Group representative will inform you on your legal rights and assist you in establishing your best course of action.
Cantor Law Group employs a professional team of attorneys with many years experience and has been helping clients with divorce and all manner of family law issues for decades. At the Cantor Law Group we have a great deal of experience in divorce law and our record of consistent success on our client’s behalf bears this out. The commitment you will find with every Cantor Law Group lawyer is second to none and we represent clients from all kinds of backgrounds and individual circumstances with an honesty, integrity, ethical approach and professionalism that has given rise to the solid reputation which Cantor Law Group enjoys today.
However we do understand there is nothing more important to a parent that the health, well-being and safety of their child and we know too that child custody is a frightening issue for many people and reaching workable agreements is not always easy. With the Cantor Law Group you will have a professional and experienced lawyer on-side who is fighting for your custody rights as a parent and of course the best interests of your child.
Cantor Law Group attorneys have been given the accolade of Arizona’s Finest Lawyers® and will assiduously and relentlessly represent you in all your child custody matters. Additionally we are AV® Rated by Martindale-Hubbell®, with over 70 years of combined experience .
Cantor Law Group are pleased to offer potential clients a free no obligation consultation on any child custody matter. To speak with a family law attorney, please call (602) 254-8880 to schedule a free consultation.