Trusted Child Custody Lawyer in Phoenix, Arizona
Nothing is more important than your children. When you are facing a divorce or separation, worrying about their future is natural. You need to know where they will live, how decisions will be made, and how to protect your relationship with them. If you are looking for a Phoenix child custody lawyer, Sullivan Shick is here to help you navigate this difficult time.
Child custody cases can be emotional and complex. Whether you are filing for custody for the first time or need to modify an existing order, having expert legal guidance is essential. We help parents in Phoenix understand their rights and build a plan that focuses on the best interest of the child.
Understanding Child Custody in Arizona
Arizona law uses specific terms that are different from other states. While most people still use the term “child custody,” the Arizona Revised Statutes (ARS) Title 25 refers to two main concepts: Legal Decision-Making and Parenting Time.
Understanding these terms is the first step in your legal journey:
- Legal Decision-Making (Legal Custody): This refers to the right to make major decisions for your child. This includes choices about education, healthcare, religious training, and personal care.
- Parenting Time (Physical Custody): This refers to the schedule of when the child is physically with each parent. It outlines the days, times, and holidays the child spends in each home.
Types of Custody Arrangements
When determining the best setup for your family, the court looks at different arrangements. Our goal is to help you achieve a favorable custody arrangement that works for your unique situation.
Sole vs. Joint Legal Decision-Making
In Joint Legal Decision-Making, both parents must work together to make major choices for the child. This is the most common preference for Arizona courts. In Sole Legal Decision-Making, one parent has the authority to make these decisions alone. Sole authority is usually only granted if there are serious concerns, such as domestic violence or substance abuse.
Parenting Time Schedules
Parenting time can be shared equally or primarily with one parent. A “Parenting Plan” is a detailed document that lays out this schedule. It covers regular weekly routines, summer breaks, and holidays to reduce conflict and confusion.
Arizona's Best Interest of the Child Standard
In every custody case, the judge’s top priority is the “Best Interest of the Child.” This is the legal standard used to make decisions. The court does not automatically favor the mother or the father. Instead, they look at specific factors to decide what is best for the child’s physical and emotional well-being.
Factors the court considers include:
- The relationship between the parent and the child.
- The mental and physical health of all individuals involved.
- The child’s adjustment to home, school, and community.
- Which parent is more likely to allow frequent and meaningful contact with the other parent.
- Any history of domestic violence or child abuse.
- The wishes of the child (if they are of suitable age and maturity).
Your Rights as a Mother or Father in Custody Cases
A common myth is that courts favor mothers. In Arizona, this is not true. The law is gender-neutral. Fathers have the same rights to request decision-making authority and parenting time as mothers do.
We represent both mothers and fathers. We fight to ensure your parental rights are respected. Whether you are an unmarried parent seeking to establish paternity and visitation rights, or a parent going through a divorce, we advocate for your role in your child’s life.
Sullivan Shick
The Custody Process: What to Expect
Knowing the timeline can help reduce anxiety. While every case is different, most follow a similar path:
1. Custody Filing and Petition:
2. Service:
3. Temporary Orders:
4. Discovery and Evidence:
5. Mediation or Settlement:
6. Court Hearing:
Custody Mediation and Alternatives
You do not always have to fight in a courtroom. Mediation is a powerful tool for resolving custody disputes. In mediation, a neutral third party helps parents reach a “stipulated agreement.”
Mediation allows you to keep control over the outcome rather than leaving it up to a judge. It is often faster, less expensive, and less stressful for the children. We can guide you through the mediation process to ensure you do not agree to terms that are unfair to you.
Modifying or Enforcing Custody Orders
Life changes, and sometimes your court orders need to change with it. If you have experienced a significant change in circumstances—such as a job loss, a move, or a change in the child’s needs—you may need a Custody Modification.
Relocation and Move-Away Cases
Enforcement and Contempt
How We Help Protect Your Rights
At Sullivan Shick, we understand that nothing is more personal than a custody battle. We provide expert legal guidance to help you navigate the system. We handle the complex paperwork, the strict deadlines, and the negotiations so you can focus on being a parent.
We assist with:
- Drafting comprehensive parenting plans.
- Calculating child support obligations accurately.
- Representing you in high-conflict custody situations.
- Advising on common custody mistakes to avoid.
Why Choose Our Phoenix Child Custody Attorney
Choosing the right lawyer is a big decision. You need someone who is aggressive when necessary but also compassionate and understanding. We pride ourselves on clear communication and honest advice. We will not give you false hope; we will give you a realistic strategy based on Arizona law.
We work to reduce conflict and expedite resolution whenever possible, saving you time and money. However, if a trial is necessary to protect your child, we are prepared to fight for you in court.
Frequently Asked Questions
The court focuses on the "Best Interest of the Child." This includes the child's relationship with each parent, the mental and physical health of everyone involved, the child's adjustment to their home and school, and which parent is more likely to encourage a relationship with the other parent.
Arizona uses the terms "Legal Decision-Making" (formerly legal custody) and "Parenting Time" (formerly physical custody). Decision-making can be Sole or Joint. Parenting time determines the schedule of when the child lives with each parent.
Fathers have the exact same rights as mothers in Arizona. The courts do not favor one gender over the other. Fathers have the right to seek equal decision-making authority and equal parenting time.
The cost varies depending on the complexity of the case. Uncontested cases where parents agree are generally less expensive than high-conflict cases that go to trial. We offer transparent fee structures and can discuss costs during your consultation.
During a hearing, both sides present evidence and testimony. The judge may ask questions to understand the family dynamic. It is a formal process, and having an attorney to present your case clearly is highly recommended.
While you are not required to have a lawyer, it is risky to represent yourself. Custody laws are complex, and the outcome affects your child's future. An experienced attorney ensures your rights are protected and paperwork is filed correctly.
The timeline varies. If parents agree on a plan, it can be finalized in a few months. If the case is contested and requires a trial, it can take six months to a year or longer.
Yes. You can request a modification if there has been a "substantial and continuing change of circumstances" since the last order. You generally must wait one year after a decree is entered unless the child is in immediate danger.
Mediation is a process where a neutral third party helps parents reach an agreement. In Arizona, the court often requires parents to attempt mediation to resolve disputes regarding legal decision-making and parenting time before going to trial.
If a parent violates a court order, you can file a petition for enforcement. The court can order make-up parenting time, require family counseling, or find the non-compliant parent in contempt of court.
Contact Us for a Consultation
Your child’s future is too important to leave to chance. If you are facing a custody dispute in Phoenix, do not face it alone. Contact Sullivan Shick today. We are ready to listen to your story, explain your options, and help you move forward with confidence.
CONTACT US
(480) 284-2644
(623) 915-0944
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