7 Questions to Ask a Lawyer About Child Custody

Top Questions to Ask a Lawyer About Child Custody

Divorce can be complicated and can affect your emotional and mental health. But one of the things that can further elevate your tensions and worries during your divorce case is child custody. Like divorce, child custody is also complicated and may require you to take the help of a lawyer.

Researching child custody cases and asking your lawyer questions can help you prepare for your case. But more than hiring a lawyer for your custody case is required. You should equally be involved in the case and do whatever you can to cooperate with the lawyer and help your case. In addition, you must clarify what happens during a child custody hearing and be prepared for various scenarios.

Below are a few questions, according to a Scottsdale child custody lawyer, that you can ask about child custody:

Can the Case be Settled Out of Court?

Having spent a long time in court to figure out your divorce conditions, you may not want to go back again for a custody battle. When speaking to the child custody lawyer about your case, check if the case can be settled out of court. If your ex-spouse or partner and you agree on how to proceed with the custody, you may be able to settle the case and may not have to take it to court.

What is Joint vs. Sole Custody?

It would be best if you spoke to your lawyer about joint vs. sole custody. Typically, parents will have equal rights and duties in joint custody. Both parents will have an opinion on how the children are brought up. However, this doesn't mean both parents may spend the same time with the children. For instance, one parent may get to stay with the child only during summer and see them on holidays or weekends. The joint custody arrangement usually depends on the child's best interest and what both parents can do for the child.

On the other hand, just one parent will have physical and legal custody of the child in sole custody. This doesn't mean the child will be removed entirely from the other parent. The other parent may get unsupervised or supervised visits with the child. Sole custody is usually awarded when one of the parents is considered unfit because of substance abuse, child abuse, or neglect.

What Will the Court Consider?

The judge will have your child's best interest and consider several factors when ruling in a child custody case. You must know what they could be. Common factors that the judge may consider for a child custody ruling include:

Your child's relationship with you and the other parent
You and your ex-spouse's health
The child's increasing developmental needs
The child's emotional needs
Whether you or your ex-spouse provide your child with a stable environment.
Whether there are signs of abuse
Your or your ex-spouse's ability to care for your child

The judge will make a ruling only after considering these factors. If you realize that your home may not accommodate your child, you may have to make it suitable before the case begins to increase your chances at custody.

Will Your Child Have a Say in the Custody Arrangements?

Ask your lawyer whether the court will consider your child's opinions during your custody case. You must discuss your situation with your lawyer if you feel your ex-spouse or partner will manipulate your child into deciding in their favor. Typically, a minor cannot decide 100% who they want to stay with.

However, the judge may consider their opinion once they reach a certain age. In some states, children who are older than 12 years can give their opinions when deciding on custody.

How Can I Be Helpful?

Many assume they only need to appear in court to get the desired custody arrangement. However, this is not true. Custody arrangement cases can get complicated. There are many things a judge may consider to decide what is best for the child. Speak to your lawyer and find out how best you can be of help. Ask them if there is anything specific you need to do.

Usually, if you want any custody, you must show that you are involved in your child's life. You may also have to present certain documents in court. Ask the lawyer about these documents and keep them ready for your case.

Can I Refuse My Ex-Spouse Visitation If They Don't Pay Child Support?

Visitation and child support obligations are two completely different things. Typically, courts encourage meaningful relationships between the child and the parents unless the circumstances don't allow it. They feel it is in the best interest of the child. Hence, any parent who has not paid the required child support cannot be denied visitation.

As a result, if you deny visitation to your ex-spouse because they have not paid child support, they can request the court to change the child support agreement in their favor. Though the court cannot refuse visitation, it can hold your ex-spouse responsible in other ways, like withholding their income, denying passport renewal or insurance, or not issuing or denying their driving license.

Can the Custody Agreement be Changed?

You can negotiate parts of your custody arrangement every two to three years. You can change the court order using an agreement if you and your ex-spouse agree to the changes. However, if your ex-spouse disagrees with the changes, you must file a petition in the court requesting a modification of the current custody agreement. In addition, you will have to prove that there has been a substantial change in your circumstance since the original order was passed.

Asking your lawyer the above questions will help you prepare for child custody proceedings. You will not face any unpleasant surprises during the case if you are prepared. If you visit here https://familylawattorneymesaaz.net/scottsdale/child-custody-lawyers-in-scottsdale-az/, you will know we understand that your child's custody is one of the most important things for you. We will legally guide you throughout your child custody case and do whatever we can to get you the best possible outcome.

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Tips For Sharing Child Custody After A Divorce

Raising children with an ex-spouse often needs some extreme patience. Most individuals co-
parenting with exes know that shared custody and the transition from one home to another
can be difficult for kids, and both parties have to get along. You don't have to be friends after a
divorce, but you’ll need to become a collaborative team to raise your kids for their
psychological and emotional development. However, this is easier said than done. You can
consult with a family law attorney at Mesa to help you create a co-parenting plan or share
legal advice on your case situation. This article will also provide you with insight into how co-
parenting can be made more accessible.

The Basics Of Co-Parenting

Co-parenting is a child-centered decision that involves parents who are not coupled to work
together to help their children thrive. To co-parent effectively, parents need to keep their
messy breakup aside and embrace a working co-parenting style that involves being nice to each
other despite the hatred they bear for each other and even being in places they may not want
to be. Basically, in a co-parenting relationship, you will need to love your kids more than you
hate your spouse and realize that they need both their parent's attention to thrive.

How To Be A Good Co-Parent

The first step towards a co-parenting relationship is to heal yourself. If you have not moved on
from the past, you will likely reflect the divorce’s hurt to your children. Even the most minor
decisions about your kid's lives may be hard to tackle when you’re still carrying grudges from
the divorce. It is advisable to self-reflect and discovers your role as a parent in the ended
relationship. It is easier to co-parent with intention when you've had closure and are happier.

What Happens When Your Child Won’t Go To Your Ex-Spouses House?

Co-parenting can be difficult, especially when a child takes sides. In some cases, children might
refuse to visit the other parent despite the custody orders. This could be related to several
reasons like:

A parents failure to be actively involved with the child's life during their time together
Anxiety about separation from the parent who majorly takes care of them
Open conflicts usually caused a child to be temporarily aligned with one side.
In cases of child abuse

No matter the reason, if your kid doesn’t want to move to be with their other parent, you need
to remember your job as a divorced parent, which involves supporting your child's relationship
with your ex. No matter the strenuous relation you have with your former partner, your
children have the right to love both parents. Your kid's failure to bond with one parent may
influence their capacity to grow healthy relationships with others. Therefore you shouldn't
encourage their refusal to spend time with your former spouse. You can, however, solve the
problem in the following ways:

1. Evaluate your child's resistance

For better understanding, you'll need to explore the reasons behind their resistance to go to
their other parent's place. Ask your child to list their reasons and analyze the reasons. For
instance, if your kid mentions that the other parent is too strict, try to find out what they mean
by "too strict" and encourage them to abide by your ex's house rules. You may also opt to
impose some of the rules for consistency purposes. If the reasons given by your child are
serious and concerning, you may opt to hold a discussion with your ex in a non-blaming manner
to keep the peace.

2. Talk To Your Ex

Before you can make conclusions, you can consult your ex to listen to their perspective to
discover what your kids may have conveniently omitted. Kids often manipulate parents to have
their way, and it is crucial to uncover the whole story and not only your kid's colorful version.

3. Look Into Your Behavior

Sometimes, as a parent, you may subconsciously bleed your negative feelings towards your ex
over into your children. Kids study behaviors and moods and sometimes feel the need to act
towards their happiness. Therefore, it is advisable not to showcase anxiety or hostile behavior
towards your ex in front of your kids. Instead, own your problems and encourage your kids to
spend time with their other parent.

4. Don't Force Them To Go

Knowing the importance of kids spending time with both of their parents, you need to find
innovative ways to help them accept co-parenting. Forcing them to comply with the legal
arrangements will only increase anxiety and cause more resistance. You can help them
understand how the set visitation schedule is good for them, rather than telling them that they
have no choice but to follow the custody order.

5. Empower Your Child

Your kids need to learn how to solve their problems with your ex without running to you. You
can encourage them and teach them ways to speak directly to their other parents about their
concerns instead of refusing to spend time with them.

Of course, not all circumstances require you to encourage your kids to visit or move to their
other parents' home. If your child’s possibilities aren’t safe at your ex-spouse's, you can contact
the authorities or call your lawyer to prevent legal consequences that come with obstructing
visitation. If you need guidance with the matter, Genesis Family Law and Divorce Lawyers might be of help. Contact
them or gain more insight at https://familylawattorneymesaaz.net/

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Arizona Locations

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
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Gilbert, AZ 85234
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Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

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Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

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Gilbert, AZ 85295
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Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
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Legal Custody in Arizona — Who Gets to Decide

Legal Custody in Arizona — Who Gets to Decide?

Child Custody Attorney in Mesa AZ

One of the most frequent questions I get as an Arizona Family Law Attorney is: can I get full or sole custody of my child or children? It is my experience that many clients going through a divorce don’t entirely understand what legal custody is. It is not uncommon for a client going through a difficult divorce to tell me that he or she wants the minor child or children to be with him or her the majority of the time… “I want full custody!”

The truth is, it is not an easy thing to get full or “sole custody” of a minor child in Arizona. What I think most of my clients really want and are asking for, is for the court to award him or her, the majority of the parenting time with the child or children. There is a big difference between legal custody and parenting time. It is important to understand that, except for in specific circumstances, it is unlikely an Arizona family law judge will award one parent sole custody of a child. It is not uncommon, however, for a judge to award one parent more parenting time than the other. As in all cases, the specific circumstances of the case really do dictate what a family law judge may decide regarding these two very important issues.

Legal custody is really the ability of the parent or parents to make decisions regarding their minor child or children. These decisions include such things as educational decisions; religious decisions and medical decisions. A parent who is awarded sole custody of a child will have the legal authority to make all of these decisions on behalf of their child without input from the other parent. Because sole custody deprives one parent of the ability to make decisions about his or her child, it is not taken lightly. Almost every Arizona family court judge I have appeared before has shown a preference for a child to have both parents as actively involved as possible in their children’s lives. For this reason, most Arizona family law courts will award parents joint legal custody. This requires the parents to continue to make these important decisions jointly on behalf of their children.

When deciding legal custody or legal decision-making, Arizona family law judges are required to consider a number of factors. These factors are found in A.R.S. 25-403 and include the following:

The relationship between the parent and child, past, present, and future.
How the child interacts with each parent and the interrelationship of the child with other siblings or any other person (such as a grandparent) who affect the child’s best interest.
How the child adjusts to home, a school, or a community.
The wishes of the child, if the child is of suitable age and maturity.
The mental and physical health of all individuals involved.
Which parent is the most likely to allow ongoing and meaningful contact with the other parent? ( Note that the court will not apply this factor if the court finds that one parent, in good faith, is trying to keep the child from a domestic violence or abuse situation)
Whether one parent tries to mislead the court or intentionally delay the proceedings to unnecessarily increase litigation costs.
Whether there has been domestic violence or child abuse.
Whether one party has used coercion or duress to obtain an agreement from the other parent.
Whether a parent was convicted of a false act of child abuse or neglect

Each of the factors must be carefully considered by the judge before making a decision regarding both custody (legal decision making) and parenting time. In weighing each of these factors, the court must always consider what is in the best interest of the child. The complexity of these factors makes custody fights some of the most difficult and emotional issues in any Arizona child custody case. Because of the difficulty of this issue, having an experienced family law attorney in your corner can make all the difference.

I have long held the belief that knowledge is power in family law cases. Clients who have an understanding of what the courts must consider before making these difficult and important decisions always have a leg up in the case. This knowledge eliminates a lot of the fear and uncertainty and helps the client to focus on what is really important. When it comes to issues involving custody, this approach may be the most important part of any case.

If you have any questions about a Child Custody case in Mesa, AZ Please give my office a call.