Child Custody / Child Support Issues in Phoenix

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The lawyers at the Family Law Offices of “insert attorney name” in Phoenix are experienced and very knowledgeable in the area of Child Custody and Child Support issues. We will arrive at an agreement that brings structure and stability to your life and the lives of your children.

Child Custody Overview

Child custody is one of the most aggressive issues in a divorce case.
It is best if the parents agree on custody arrangements, but if they don’t, the process can be a long, complicated and stressful one.
A parenting plan is an agreement that both parents arrive at outlining custody issues.
- Days the children are with them
- Who makes the major decisions:
  - Medical care
  - Education
  - Religious beliefs
It will be left in the hands of the court to determine who should get custody.
Arizona state law and federal laws enforce collection of child support.

Custody Determination

When the court determines custody arrangements, it considers the child’s best interests first.

If custody disputes are involved, the court will request mediation.
However, Arizona does not routinely require disputes to go to mediation and can deny the parent’s request for mediation.
- Both parents will discuss parenting issues with a court-appointed conciliator.
- The court’s Conciliation Services program
  - Each party attends without their attorneys
  - The conciliator will help the parents arrive at legal custody arrangements and parenting time
  - This is confidential
  - If no agreement is reached, the conciliator advises this to the court – no details given.
  - No cost involved
  - Can take weeks to schedule
- Private Mediation
  - All divorce issues can be discussed – not just custody issues.
  - If agreement is reached, court will not be necessary
  - Attorneys can attend
  - Takes less time to schedule
  - There is a cost
Factors used to determine custody:
- The relationship between the parent and the child – who does the child turn to?
- Who can take care of the child best?
- The best home environment
- Where does the child want to live if old enough to say?

Custody Evaluation

Court-Ordered Program:
- The evaluator gives recommendations on custody to the court.
- No cost
- Takes about 2 months for an appointment
Private Evaluation:
- In-depth evaluation by a child psychologist.
- Both parents meet with the evaluator 2 or 3 times, sometimes with their child.
- The court will receive a detailed report with recommendations for custody and parenting time.
- The cost can run between $2,500 and $7,500.

Custody Types

Joint Physical Custody
- The child has equal time with each parent.
- Major decisions regarding the child are made by each parent together:
  - Medical care
  - Education
  - Religious beliefs
Joint Legal Custody
- One parent has more time with the child – primary residential parent.
- Other parent has rights to making decisions.
- Parenting Plan allows decisions to be made by one parent, by both or by one after consulting with other
Sole Custody
- One parent makes all the major decisions.
- This parent spends most of the time with the child.

Parenting Conference

The court can order a Parenting Conference.
A mental health provider meets with both parents to help them reach agreements.
The provider has the right to interview other people involved with the child.
The provider will make recommendations to the court regarding custody and parenting time.
These matters are not confidential and will be shared with the court.
There are no costs.

Parenting Time

Also known as visitation.
Phoenix uses Guidelines in determining parenting time.
- Suggest that one parent should be the primary residential parent or both parents should have equal time.
- Arizona Statutes state that custody cannot be determined by the parent’s gender.

Relocation

If you have primary physical custody or your child and are planning on moving to another state, you must tell the non-custodial parent about this at least 60 days ahead of time.
The Uniform Child Custody Jurisdiction and Enforcement Act states the factors that courts consider in ascertaining its jurisdiction.
A modified parenting time agreement will have to be made.
Adjustments regarding child support will have to be reached.
- If an agreement cannot be reached, the judge will make one.

Grandparents Visitation Rights

Courts can grant visitation rights to the grandparents of the non-custodial parent if it is in the best interest of the child.
A custodial parent should not withhold their child from seeing grandparents.
The Court of Appeals ruled that grandparents who have visitation rights cannot question the custodial parent if they want to move out of state with the child.

Child Support

Each parent has a legal obligation to support their child until the age of 18 or:
- Until they get married
- Self sufficient
- Go into the military
Arizona uses Child Support guidelines to determine how much a parent should pay for support. Factors used are:
- Income of the parents – net income of both parents
  - Includes investments, social security, stocks, pension, overtime payments, bonuses, etc.
- Medical care insurance
- Special needs of the child
If parents were never married, the custodial parent can ask the court to request support.
- A DNA test will be ordered to determine paternity
If support is not paid, the judge can:
- Suspend the non-custodial parent’s driver’s license
- Can put the non-custodial parent in jail
Arizona has Child Support Enforcement offices:
- Supported by the Federal government
- Are equipped to locate parents who are not paying child support
- If the amount of support owed exceeds a certain amount, the Federal government can bring criminal charges against that parent:
  - Federal Child Support Recovery Act
Modification of Child Support:
- If you have a change in circumstances, you can request the court to recalculate your child support order.
  - Salary change – job loss, reduction in salary
  - Special needs – medical care, tutoring

Conclusion
Divorce is complicated enough, but when child custody disputes are involved, it is worse. Call us at the Family Law Offices of “insert attorney name” in Phoenix. Your children are our major concern; we will fight for their rights.