Experienced Mesa Child Custody Lawyer
Nothing matters more than your children. When your family is going through a divorce or separation, the uncertainty of where your children will live and how they will be raised is often the most stressful part. You want to protect your relationship with them and ensure their future is secure.
At Sullivan Shick, we understand that child custody disputes are emotional and complex. You need a legal team that listens to your goals and fights for what is right. Whether you are establishing a parenting plan for the first time or need to modify an existing order, we are here to guide you through the Superior Court of Arizona (Maricopa County) system with compassion and skill.
Understanding Child Custody in Arizona
Many parents are surprised to learn that Arizona law has moved away from the traditional terms “custody” and “visitation.” Under Arizona Revised Statutes (ARS) Title 25, the courts now use two specific concepts: Legal Decision-Making Authority and Parenting Time. This shift in language is meant to encourage parents to work together and focus on the child’s needs rather than winning a battle for “custody.”
Even though the legal terms have changed, the goal remains the same: to create a stable environment where your child can thrive. Our goal is to help you understand your rights and options under these laws.
Legal Decision-Making and Parenting Time
To get the best outcome for your family, it is important to understand the difference between the two main types of custody arrangements in Mesa.
Legal Decision-Making Authority
This refers to the right to make major non-emergency decisions for your child. These decisions typically involve education, health care, religious training, and personal care. There are two forms of this authority:
- Joint Legal Custody (Decision-Making): Both parents share the responsibility for making major decisions. If parents cannot agree, they may need mediation or court intervention. This is the default preference for Arizona courts unless there is a reason to rule otherwise.
- Sole Legal Custody (Decision-Making): One parent has the final say on major decisions. This is usually granted only when parents cannot communicate at all, or if there are safety concerns like domestic violence or substance abuse.
Parenting Time Schedule
Formerly known as “physical custody,” this refers to the actual schedule of when the child is with each parent. The parenting time schedule dictates where the child sleeps and who is responsible for their daily care. Arizona courts believe that a child does best when they have frequent, meaningful contact with both parents. However, the specific schedule will depend on what is practical and safe for the child.
Factors Influencing Custody Decisions
When a judge in Mesa makes a ruling on custody, they are legally required to base their decision on the best interests of the child. The court does not favor the mother or the father automatically. Instead, they look at specific factors, including:
The Child Custody Process in Mesa
Navigating the legal system can be confusing. Here is a general overview of what to expect during a custody case in Mesa:
- Filing the Petition: The process begins when one parent files a petition for legal decision-making and parenting time.
- Service and Response: The other parent must be officially served with the papers and given time to respond.
- Temporary Orders: If parents cannot agree on a schedule while the case is pending, the court may issue temporary orders to provide stability.
- Negotiation and Mediation: Most cases are settled outside of court. Parents often work with their lawyers or a mediator to create a parenting plan that works for everyone.
- Trial: If an agreement cannot be reached, the case goes to trial. The judge will hear evidence and make a final ruling.
In complex cases, the court may order a custody evaluation or appoint a Guardian ad litem (an attorney who represents the child’s best interests) to investigate the family situation and make recommendations to the judge.
Modifying Existing Custody Orders
Life changes, and sometimes a parenting plan that worked three years ago no longer works today. If you need to change your current order, you must file a modification petition. However, you cannot simply request a change because you want one. You must prove that there has been a “substantial and continuing change of circumstances” affecting the child’s welfare.
Common reasons for modification include a parent relocating for a job, a change in the child’s school needs, or safety concerns regarding one parent’s home environment.
Sullivan Shick
Preparing for Your Custody Case
Preparation is the key to success in family court. To help your lawyer build the strongest case for you, start gathering evidence early. This may include:
- A calendar showing when you care for the child.
- Records of school involvement and medical appointments.
- Communication logs (texts and emails) with the other parent.
- Proof of income and expenses for child support calculations.
Common Mistakes to Avoid
Custody battles can be heated, but acting out of anger can hurt your case. Avoid these common mistakes:
- Withholding the child: Do not stop the other parent from seeing the child unless there is an immediate danger. This violates the principle of allowing meaningful contact.
- Bad-mouthing the other parent: Never speak negatively about your ex in front of your child or on social media. Judges view this very poorly.
- Involving the child in adult issues: Do not use your child as a messenger or discuss legal details with them.
Frequently Asked Questions
The court focuses primarily on the best interests of the child. This includes the child's relationship with each parent, their adjustment to home and school, the mental and physical health of everyone involved, and which parent is more likely to foster a relationship with the other parent.
Legal decision-making is the right to make major choices about the child's education, health, and religion. Parenting time is the physical schedule of when the child is with each parent.
The timeline varies greatly. If parents agree on a plan quickly, it could take a few months. If the case is high-conflict and requires a trial, it can take six months to a year or more.
Yes. You can file a modification petition if you can prove there has been a significant and continuing change in circumstances since the last order was signed.
Costs depend on the complexity of the case and whether it goes to trial. Most lawyers charge an hourly rate and require a retainer fee. We can discuss specific costs during your consultation.
Bring any current court orders, a timeline of events, financial documents, and a list of questions. If you have evidence of safety concerns, bring that as well.
Child support is calculated using a formula that considers the income of both parents and the amount of parenting time each parent has. Generally, the more time a parent has with the child, the less they might pay in support (depending on income).
While you are not required to have a lawyer, it is highly recommended. Custody laws are complex, and the outcome will affect your child's future. An experienced lawyer ensures your rights are protected and your case is presented correctly.
Representing yourself means you are held to the same standards as an attorney. You risk missing deadlines, failing to present proper evidence, or agreeing to a bad deal because you didn't understand your rights.
Protect Your Parental Rights Today
Your child’s future is too important to leave to chance. If you are facing a custody dispute in Mesa, you need a legal team that is experienced, strategic, and supportive. At Sullivan Shick, we are ready to help you navigate the complexities of Arizona family law and fight for the best possible outcome for your family.
Contact us today to schedule your consultation and take the first step toward securing your peace of mind.
CONTACT US
(480) 284-2644
(623) 915-0944