Tucson Child Custody Help

Whenever children are involved in the legal process, it’s important for all the questions involved to be answered. Divorcing parents sometimes can’t agree on what happens with the children, so it will be up to the courts to decide. An Arizona Family Court judge will be responsible for considering all the elements of the situation and the circumstances of the divorce and then awarding custody accordingly.

Of course, in Arizona, it’s also no longer just referred to as “custody.” For the sake of clarification and understanding, the state instead determines two factors:

1. Legal decision-making (who is legally responsible for the child)
2. Parenting time (physical custody arrangements)

Together, these elements make up what used to be “custody” in the eyes of the state. Unfortunately, if it’s left to the courts to determine these decisions, they probably won’t come up with answers that both parties like. In fact, they may make an arrangement that no one agrees with. Unfortunately, at that point, the court order is in place and another hearing would be needed to make changes.

So, as you can see, it’s better if you can resolve the parenting time and legal authority between the two of you before you have to go to court. It can be handled in mediation, if you choose that route, along with all of the other elements that come up during divorce.

Legal Decision-Making

In Tucson child custody cases, legal decision-making refers to the legal ability to control decisions regarding things like healthcare, education, and other needs of the child. Kids always come first in divorce and if the parents can’t agree on how to divide the parenting on their own, they can ask the courts to intervene and decide who is best suited for each aspect of the child’s life and care.

The courts believe that parents should be able to communicate regarding personal care, religion, education, and healthcare or medical choices. The court believes that it’s best for the children when both parents are involved in these decisions and the child’s life as a whole.

In the event that a parent has been abusive, accused of domestic violence, or otherwise deemed a risk or danger to the child, they probably won’t be given the chance to make important legal decisions for their child.

Parenting Time

This is the other part of the equation that will be decided during a divorce. Again, parents can attempt mediation or work out a schedule on their own that suits them both. However, if they cannot come to an agreement, they can go to court and let the judge determine a schedule for parenting time. In some cases, a parent might get more time than the other because they handle the school transportation, for example. In another instance, the time might be equally divided, or as close to it as possible.

After all, this is also an area where the courts believe it’s best for the children to have both parents involved. Therefore, they’ll try to do that whenever they can. In the same regard as decision-making, if a parent is negligent, abusive, or has been involved in domestic violence or other legal trouble, they may not be granted the parenting time that they want. The court is always looking out for the children first.

Can Legal Decision-making and Parenting Time Be Different?

The judge will take the time to determine what is in the best interests of the child in all aspects of their life, including who is best suited to make legal decisions and which parent(s) the child should live with and how the parenting time should be divided. Therefore, the assignment of parenting time and legal decision-making could very well be different.

In some cases, both parents retain legal decision-making rights and share parenting time. In other instances, one parent will be awarded everything. It is rare that one parent gets legal decision-making and the other gets full parenting time. If it’s not shared, then the same parent will usually get sole control of both aspects.

As mentioned, courts like to keep both parents involved as much as possible. However, we all know that things can get ugly in a custody situation. This is where it can be handy to have a lawyer on your side. The team at Modern Law can make sure that you get the outcome you deserve in your Tucson child custody case.

What About Child Support?

In most Arizona family cases, child support will also be a factor. There is a formula that the state uses based on things like gross income, the parenting time agreement, insurance, childcare expenses, etc. You’ll even find a handy calculator on the Arizona website that discusses their child support and custody laws.

Child support calculations include time spent with both parents, if there is dual parenting time. In the event that one parent is not granted any parenting time, they may have to pay significantly more child support since the other parent is taking on the full responsibility of the child. Again, there is a strict formula that the state uses to determine this. Therefore, there’s little room for error or argument.

The best thing that you can do is fight to get parenting time and legal decision-making rights for your child and make sure that your soon-to-be-ex is given a child support order that will help you take care of them.

Contact the Modern Law Team Now

Children are often the forgotten ones in divorce hearings. Sometimes, parents get so wrapped up in the divorce and the legal struggles that things like support and custody are overlooked. However, you can’t go into a divorce without considering what will happen to the children, as well as what is best for them.

If you’re dealing with any kind of Tucson child custody issues, the team at Modern Law can help. We’ve got years of experience in Arizona family law cases and we know how to ensure that your case works out in the best interests of the children and the family as a whole. Even after divorce, parents with children will always be a sort-of family.