Gilbert Child Custody

Arizona family law covers all aspects of Gilbert child custody, including the fact that it’s not called “custody” anymore. As of 2013, the term used in the court system is “legal decision-making,” and it determines not just who has physical and/or legal custody but who gets the authority to make legal decisions on behalf of the children.

Several factors go into determining legal decision-making in the Arizona court system. If things in a marriage end amicably and the ex-spouses can determine their own arrangement, this would be ideal. However, we also understand that not all marriages end so pleasantly and that you may need to fight for the legal rights you want in court.

So, how is it determined, and what else do you need to know? The experts at Modern Law can help you with any family law issues, including fighting for the best interests of the children.

What’s in the best interest of the child?

Several factors are used to figure out what’s in the best interests of the child or children in question. The relationship with the parent is obviously a major focus, as are the interactions between the children, their parents, siblings, and others. Legal decision-making will also be determined by factors like:

• How children are adjusting to home, school, etc.
• The mental and physical health of the parents and children
• Whether there has been abuse or domestic violence
• Whether a parent has lied to the court or misled them in any way
• The wishes of the child, if they are of the right age and maturity level

For example, you’re not going to ask a five-year-old whether he wants to live with Mommy or Daddy. However, you can ask a 13-year-old that is mature and understands the divorce process that is happening if they would prefer to stay with one parent, for example, either due to their relationship, their location, school, friends, etc.

It’s important to have a Gilbert family lawyer on your side to ensure that you get the best outcome in your favor (and for your children) when it comes to legal decision-making and parenting time.

Joint vs. Sole Decision-Making

In addition to determining other factors, the court will decide whether parents have joint decision-making powers or if one parent should be awarded sole decision-making power. This means that one parent can make all the legal decisions without consulting the other parent. It’s not usually the way courts like to go, but when a parent has been abusive or is not going to look out for the best interests of the child, it might be the right thing for everyone.

If you feel like you deserve a certain level of decision-making power and want to fight for your parental rights, you can hire a dedicated family lawyer to help you get the best and fairest outcome for everyone involved, especially the children.

Who Pays Child Support?

When it comes to Gilbert child custody and legal decision-making, there may still be a need for someone to pay child support. The income of both parents is considered and compared to the amount required to cover the basic needs of children. The court will consider how the decision-making has been divided, who pays for insurance, the parenting schedule, education, and other expenses, and so forth. In the event that one parent needs to contribute more to pay for these things, a child support order will be issued.

If it is determined that child support does not need to be paid, then no order will be set. Parents can then file an appeal to get child support if they think it is appropriate in their case.

How is Parenting Time Determined?

Parenting time is the other part of “custody” that is now dubbed legal decision-making. Some parents manage to overlook their own issues and come up with effective parenting time schedules on their own. Others may disagree at first but can resolve things through mediation instead of having to go to court. If, of course, you can’t agree, then the courts will be left to decide.

Where the child lives will be important to their schooling, socialization, and the “normalcy” of their lives. However, if living with a parent in the right school district isn’t the right choice, the courts will decide that changing schools is better than staying at the home, for example. There are several circumstances that are involved here, so it may take the courts some time to sort out the details.

Why Do I Need a Gilbert Child Custody Lawyer?

If you are attempting to get a parenting agreement and legal decision-making order in your favor, you may not want to face the fight alone. Hiring a reputable attorney will ensure that you understand the legal process that you are going through and that you’re ready for whatever comes your way. It will also increase the likelihood that you will get a better outcome because you’ve got professional, experienced people helping you along the way.

If you and your former spouse cannot agree on parenting time or legal decision-making, then you will need to have the courts do it for you. This is not something that you should face on your own, however. Take the time to find a qualified attorney to handle your Gilbert child custody needs, no matter what those might be.

A lawyer can ease your mind, take the stress out of the process, and give you a chance to get a better outcome than you might on your own. Plus, they know the law and will be able to ensure that everyone gets the best outcome, including the children, and that’s what really matters.

If you’re dealing with a difficult custody case, the experts at Modern Law can help you navigate the legal waters. Contact us now to learn more and discuss your child custody concerns.