Child custody cases are one of the most complex and emotional parts of any divorce or legal separation. A knowledgeable and compassionate Tucson child custody lawyer can help parents reach a parenting plan that works for their unique family, assist in establishing custody and visitation rights, and advocate on behalf of both the children and parents. If you are looking for a skilled Child Custody Attorney, visit https://www.phoenixfamilylawyers.net/child-custody/ for guidance and Free Consultation!
Parents are encouraged to work together outside of court to come up with a parenting plan that best suits their family’s needs, but if they can’t reach an agreement, a judge will determine the terms of the parenting arrangement. A good child custody lawyer will be able to effectively communicate your wishes to the judge and make sure that they are clearly understood.
In general, courts prefer to award joint legal custody, allowing both parents to participate in the major decisions about the child’s life. But this is not always possible, especially if there has been domestic violence or abuse on the part of one parent. When this happens, sole legal custody will usually be awarded to the non-abusing parent. This parent will then get primary physical custody, with the other parent getting reasonable and generous access to the child on a regular basis.
When a judge decides the terms of a child custody arrangement, they will consider several factors to find what is in the child’s best interests. These include the child’s health and well-being, the parents’ abilities as caregivers, the nature of the child’s relationship with each parent, and many other things. A judge will also take into account the wishes of the child if the child is old enough to have them in mind.
A good child custody lawyer will be able explain the different kinds of access that are available to parents, including unsupervised, supervised, and restricted visits. In some situations, access will be denied entirely if it is unsafe or detrimental to the child’s well-being. For example, if a judge believes that a parent is trying to alienate the child against the other parent by using negative messages about them in front of the child, then the judge will deny this kind of visitation altogether and may order supervised visitation instead.
If you are unhappy with your current custody arrangements, it is possible to file a petition for a change in custody or visitation. However, the person seeking this must prove that there has been a substantial change in circumstances since the last order was made. This might include a move to another state, illness or injury that makes the existing parenting arrangement less safe, or behavior that is negatively affecting the child’s development. If the judge approves the change, the court will amend the custody or visitation order accordingly.