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SIERRA VISTA CHILD CUSTODY ATTORNEY

When a family separates or goes through divorce, children can be affected in many different ways. There are a range of factors to consider when evaluating child custody in Arizona.  A Sierra Vista child custody lawyer can help determine if specific factors will have a role in determining child custody in this state. Such as:

  • The best interests of the child
  • Whether one parent is more likely to encourage frequent visits with the other parent
  • Child’s wishes, which can be considered if the child is of a certain age and maturity level (generally over age 12) but are not required to be considered
  • The presence of domestic violence
  • Past or current alcohol and/or drug use

Children have the right to spend time with each of their parents, provided safe and appropriate conditions are met.  Many details of a child’s care can be negotiated during the divorce process, including custody which falls into two categories, of legal and physical custody.

legal CUSTODY ISSUES

  • Joint custody is when both parents share the right and obligation to make the primary decisions about the health, education, and welfare of their child.
  • Sole custody is when only one parent has the right and obligation to make the primary decisions about the health, education, and welfare of their child.

A parent with legal custody typically has the right to decide:

  • School or child care
  • Religious activities or institutions
  • Psychiatric, psychological, or other mental health counseling or therapy needs
  • Doctor, dentist, orthodontist, or other health professional
  • Sports, summer camp, vacation, or extracurricular activities
  • Travel
  • Residence (where the children will live)

When legal custody is shared, both parents maintain the ability to decide important life matters for the children, such as the items listed above. Parents are not necessarily obligated to agree on each decision. One parent can make a decision without the other, but to avoid conflict and further legal proceedings, it is ideal that parents communicate when making major decisions on behalf of the children.

PHYSICAL CUSTODY IS:

  • Joint physical custody is where the parents share time (overnights) with the children.
  • Whereas, sole or primary custody, means children live with one parent most of the time and the other parent has visitation (parenting time).

A joint custody arrangement does not necessarily mean equal (50/50) time is spent with each parent. For various reasons such as school schedules, etc., children may spend more time with one parent than the other. If one parent has been granted the child a large percentage of time that parent is considered the primary physical custodial parent.

The Sierra Vista child custody attorneys at Sierra Vista Divorce Law, PLLC will work toward achieving your desired child custody arrangement through Arizona child custody court litigation or child custody meditation.

HOW ARE A CHILD’S BEST INTERESTS DETERMINED BY A JUDGE?

When defining what suits a child’s best interest in the course of a divorce, Arizona custody law allows a judge a significant degree of discretion.  A court can take numerous factors into consideration. Considerations may include:

  • The age of the child
  • The child’s preference, if old enough (not necessarily required to be considered by a judge)
  • One or both parent’s ability to care for the child
  • Any applicable criminal history of either parent
  • Parental or household stability factors

These considerations and more will be used by a judge to determine the percentage of time each parent is awarded.

SIERRA VISTA CHILD CUSTODY LAW FIRM

You can rely on the expertise of the Sierra Vista family attorneys at Sierra Vista Divorce Law, PLLC in obtaining child custody judgments. As your Southern Arizona family law firm we fight hard to obtain the custody arrangements you desire. It is often preferential and in the child’s best interest if parents can agree upon custody or visitation. As Sierra Vista child custody lawyers we will be there for you throughout the entire process.  Contact us today for a (30 min) initial consultation or call us at (520) 335-8037.

 

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Sierra Vista Divorce Law, PLLC
204 East Wilcox Drive,
Sierra Vista, Arizona 85635
(520) 335-8037