What Are Joint Custody Agreements?
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Written by Canterbury Law Group

What Are Joint Custody Agreements?

A Joint Custody Agreement is a legal arrangement where both parents share responsibility for making decisions about their child’s upbringing and/or share physical custody of the child. Joint custody is generally considered to be in the best interest of the child, as it allows both parents to remain actively involved in the child’s life, even after separation or divorce. There are two primary types of joint custody: joint legal custody and joint physical custody. These may be combined in a single agreement or exist separately, depending on the situation.

1. Joint Legal Custody:

  • Definition: Joint legal custody means both parents share the right and responsibility to make significant decisions about the child’s life. This can include decisions about education, healthcare, religion, and general well-being.
  • Key Characteristics:
    • Both parents have equal say in major decisions, such as choosing schools, doctors, and religious upbringing.
    • Joint legal custody does not necessarily require the child to live with both parents equally, but both must collaborate on important matters.
    • The goal is to ensure that both parents are actively involved in making decisions that affect the child’s future.

2. Joint Physical Custody:

  • Definition: Joint physical custody means the child spends a significant amount of time living with both parents. This is often referred to as “shared custody” and aims to maintain strong relationships between the child and both parents.
  • Key Characteristics:
    • The child may spend equal or near-equal time with both parents, depending on what works best for the child and the parents. For example, one arrangement could involve the child spending weekdays with one parent and weekends with the other.
    • The time split doesn’t necessarily need to be exactly 50/50, but both parents must be heavily involved in day-to-day caregiving.
    • This arrangement is intended to minimize disruption for the child and promote a healthy relationship with both parents.

Key Elements of a Joint Custody Agreement:

A joint custody agreement is typically developed through a mutual understanding between the parents or with the assistance of a mediator or attorney. The terms of the agreement are usually formalized by the court. Here are the major elements that might be included:

  1. Time Sharing or Parenting Plan:
    • A clear schedule specifying where the child will be living at any given time, including weekdays, weekends, holidays, and vacations.
    • The plan may specify specific drop-off/pick-up locations and times for each parent, ensuring both parents have structured, predictable time with the child.
  2. Decision-Making Responsibilities:
    • The agreement outlines how major decisions (like medical care, education, and religious practices) will be made. This includes whether decisions require mutual consent or whether one parent has the final say in certain circumstances.
    • The agreement may specify how parents will communicate and resolve disputes, such as through mediation if there is a disagreement on a significant issue.
  3. Communication and Cooperation:
    • Joint custody requires effective communication and cooperation between parents. The agreement may specify how parents should keep each other informed about the child’s needs, appointments, and activities.
    • It can also address how parents should communicate with the child, especially if the parents are separated or live far apart.
  4. Visitation and Parenting Time:
    • If joint physical custody is in place, the agreement may specify how the child will spend time with each parent. This can involve a variety of schedules, including alternating weeks, weekdays with one parent and weekends with the other, or a 2-2-3 schedule (where the child spends two days with one parent, two days with the other, and alternates weekends).
    • It may also define how holidays, school breaks, and vacations will be divided between parents.
  5. Flexibility and Modifications:
    • The agreement may include provisions for making modifications to the schedule or decision-making process if necessary, based on changes in the child’s needs or parental circumstances.
    • It may specify that any changes must be agreed upon by both parents or be decided by the court if the parents cannot reach an agreement.
  6. Dispute Resolution:
    • The agreement might include a plan for how disputes will be resolved. This could involve seeking mediation or involving a family law court if the parents cannot agree on a matter related to custody or the child’s welfare.

Advantages of Joint Custody Agreements:

  • Maintaining Relationships: Joint custody helps ensure that the child has the opportunity to maintain a close relationship with both parents, which is often in the child’s best interest.
  • Shared Responsibilities: Parents share the responsibility for the child’s upbringing, including decision-making and day-to-day care, which can reduce the burden on one parent.
  • Stability and Consistency: Joint custody can provide the child with stability, as they are able to spend time in both households, often with similar rules and expectations.
  • Flexibility for Parents: Joint custody allows parents to share the workload, whether it’s taking the child to school, attending appointments, or managing extracurricular activities.

Challenges of Joint Custody Agreements:

  • Coordination Required: Joint custody requires good communication and cooperation between parents, which can be challenging if there is high conflict or a lack of cooperation.
  • Logistics of Time Sharing: If the parents live far apart, coordinating transportation and schedules can be difficult. It may require substantial time and effort for the child to adjust to different environments.
  • Emotional Impact on Parents: Some parents may find it difficult to share custody, particularly if they feel that they are not spending enough time with the child or if they are uncomfortable with the other parent’s decisions.

When is Joint Custody Likely to Be Awarded?

  • Healthy Parental Cooperation: Joint custody is often awarded when both parents can work together to make decisions in the child’s best interest and can maintain a civil relationship.
  • Child’s Best Interests: If the arrangement is in the child’s best interest, courts tend to favor joint custody, as it supports the child’s right to have a relationship with both parents.
  • Parental Fitness: Courts will consider whether both parents are fit to care for the child and have the ability to meet the child’s physical, emotional, and developmental needs.
  • Geographic Proximity: Joint custody is more feasible when both parents live relatively close to each other, making it easier for the child to spend time in both households.

Conclusion:

A joint custody agreement is an arrangement in which both parents share the responsibility for raising their child, either through shared decision-making (legal custody), shared living time (physical custody), or both. These agreements prioritize the child’s best interests by maintaining relationships with both parents and ensuring a collaborative approach to parenting. However, joint custody can require significant communication and cooperation between parents. If you are considering or working through a joint custody arrangement, it’s helpful to consult with a family law attorney to create a plan that works for both parents and the child.

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Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

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What Are Joint Custody Agreements?
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Written by Canterbury Law Group

Types of Parental Custody

Parental custody refers to the legal and physical responsibility parents or guardians have over their child or children. In the context of a divorce, separation, or child custody case, custody arrangements are determined to ensure the child’s best interests are served. There are several types of parental custody, and they can be categorized into legal custody and physical custody. Additionally, custody can be awarded as joint or sole custody, depending on the circumstances.

1. Legal Custody:

Legal custody refers to the right to make important decisions about the child’s life, including decisions about education, healthcare, religious upbringing, and general welfare. There are two types of legal custody:

  • Joint Legal Custody:
    • Both parents share the right and responsibility to make major decisions regarding the child’s life.
    • Parents are typically required to communicate and collaborate on decisions, even if they live in separate households.
    • Joint legal custody is awarded when parents are capable of working together in the best interest of the child.
  • Sole Legal Custody:
    • One parent has the exclusive right to make major decisions regarding the child’s life, without the input or consent of the other parent.
    • This arrangement is typically granted if one parent is deemed unable or unwilling to make decisions jointly or if it’s in the child’s best interest to have one primary decision-maker.

2. Physical Custody:

Physical custody refers to where the child lives on a day-to-day basis. There are two main types of physical custody:

  • Joint Physical Custody:
    • The child spends substantial time living with both parents. This doesn’t necessarily mean equal time, but both parents have significant involvement in the child’s daily life.
    • Joint physical custody is often the goal of courts, as it allows the child to maintain close relationships with both parents. The exact arrangement (such as how time is split) depends on what works best for the child and the parents.
  • Sole Physical Custody:
    • One parent is designated as the primary caregiver, and the child resides primarily with that parent.
    • The non-custodial parent may still have visitation rights or be granted certain parenting time, but the child primarily lives with the custodial parent.
    • This arrangement is often made if one parent is unable to provide a stable or safe environment, or if one parent has more availability to care for the child.

3. Types of Custody Arrangements:

In addition to the distinctions between legal and physical custody, custody arrangements can be tailored to fit the unique needs of the family. Some common types of custody arrangements include:

  • Primary Custody (Sole Physical Custody with Visitation):
    • One parent is the primary custodian, with the child living primarily with them.
    • The other parent typically has visitation rights, which may vary in frequency and duration (e.g., weekends, holidays, etc.).
  • Split Custody:
    • In this rare arrangement, each parent has custody of one or more children, meaning the children are divided between the parents.
    • This arrangement is usually only made if it’s in the best interest of each individual child, which could be the case if siblings have very different needs.
  • Bird’s Nest Custody:
    • In a bird’s nest custody arrangement, the child remains in the family home, and the parents take turns living in the home with the child.
    • This type of arrangement can be logistically challenging and often requires cooperation between the parents. It’s less common but sometimes used to minimize disruption to the child’s life.
  • Visitation or Parenting Time:
    • Even when one parent has sole physical custody, the other parent may be granted visitation rights (parenting time).
    • Visitation may be scheduled regularly or based on a specific agreement, depending on the circumstances.
    • Supervised visitation may be ordered if there are concerns about the safety or well-being of the child in the presence of one parent.

4. Custody Based on Parental Needs or Child’s Best Interests:

In some cases, the court may consider other factors in determining custody, such as:

  • Parental work schedules: If one parent’s work schedule allows more time to care for the child, they may be awarded more time with the child.
  • Parental fitness and behavior: Courts may assess whether one parent has a history of substance abuse, mental health issues, or domestic violence, which could impact the custody arrangement.
  • Child’s preference: Depending on the child’s age and maturity level, the court may take the child’s wishes into consideration, particularly in decisions about primary physical custody.

5. Third-Party Custody:

In some cases, custody may be awarded to a third party, such as a grandparent, relative, or family friend, especially if both parents are deemed unfit or unable to care for the child. Third-party custody can be temporary or permanent, depending on the circumstances.

Key Takeaways:

  • Legal custody relates to decision-making power regarding the child’s welfare, while physical custody deals with where the child lives.
  • Joint custody (both legal and physical) allows both parents to share responsibility, while sole custody means one parent takes primary responsibility.
  • Custody arrangements are ultimately based on the best interests of the child, which may include factors like the child’s relationship with each parent, parental fitness, and stability.
  • Visitation or parenting time can be granted to the non-custodial parent, and the specific terms are based on what’s best for the child.

Conclusion:

Understanding the different types of parental custody is essential for parents involved in custody disputes or planning for the future. Courts generally strive to keep both parents involved in the child’s life, as long as it is in the child’s best interest. If you are facing a custody case, it’s advisable to consult with a family law attorney who can guide you based on your specific circumstances.

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Scottsdale Divorce, Sole Child Custody
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Parenting Agreements

Parenting agreements are legally binding documents created by parents (or guardians) to outline the terms and conditions regarding the care, upbringing, and responsibilities of their children after separation or divorce. These agreements can be formal or informal and are often designed to promote the best interests of the child while minimizing conflicts between parents.

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Key Features of Parenting Agreements

  1. Custody Arrangements
    • Parenting agreements define legal custody (the right to make significant decisions about the child’s upbringing, such as education and healthcare) and physical custody (where the child lives).
    • They may specify whether custody will be joint (shared by both parents) or sole (awarded to one parent).
  2. Visitation Schedules
    • The agreement outlines a detailed visitation schedule for the non-custodial parent, including days, times, holidays, and vacations.
    • It may also include provisions for pick-up and drop-off arrangements.
  3. Decision-Making Authority
    • Parents can specify how major decisions regarding the child’s welfare will be made, including education, health care, and religious upbringing.
    • The agreement may establish whether both parents must agree on these decisions or if one parent has the authority to make them independently.
  4. Financial Responsibilities
    • Parenting agreements often address financial obligations related to the child, including child support payments, healthcare costs, education expenses, and extracurricular activities.
    • This section can also include provisions for how expenses will be shared or covered.
  5. Communication Guidelines
    • The agreement may set forth guidelines for how parents will communicate about their child’s needs and any necessary decisions.
    • It can include preferred communication methods (e.g., email, text, phone) and expectations for respectful dialogue.
  6. Dispute Resolution
    • The agreement may outline procedures for resolving disputes that may arise regarding the parenting plan. This could include mediation or arbitration before seeking court intervention.
  7. Flexibility and Modifications
    • While parenting agreements are legally binding, they should also include provisions for making modifications if circumstances change (e.g., relocation, changes in work schedules).
    • The agreement may specify how modifications can be requested and the process for making changes.
  8. Signatures and Legal Enforcement
    • For the parenting agreement to be enforceable, both parents must sign it. In some jurisdictions, it may need to be filed with a court or approved by a judge to become a court order.
    • If a parent fails to adhere to the agreement, the other parent may seek enforcement through the court system.

Benefits of Parenting Agreements

  • Clarity and Structure: Parenting agreements provide a clear framework for parenting responsibilities, reducing confusion and potential conflicts.
  • Child’s Best Interests: These agreements are designed to prioritize the child’s well-being and stability by providing a predictable routine.
  • Minimized Conflict: By clearly outlining expectations and responsibilities, parenting agreements can help minimize disputes between parents.
  • Flexibility: Well-drafted agreements allow for modifications, accommodating changing circumstances in the families’ lives.
  • Legal Protection: Once approved by a court, parenting agreements have legal weight, making it easier to enforce the terms if necessary.

Conclusion

Parenting agreements are essential tools for divorced or separated parents to ensure that their children’s needs are met while providing a clear structure for parenting responsibilities. By outlining custody arrangements, visitation schedules, financial obligations, and dispute resolution processes, these agreements promote cooperation and communication between parents, ultimately benefiting the child. Consulting with a family law attorney can help ensure that the agreement is comprehensive, enforceable, and tailored to the family’s unique needs.

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711
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Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianship, child relocation, fathers rights, grandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Our firm will represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Child Custody, Child Custody & Parenting Time, Family Law, Father's Rights, Mother's Rights, Sole Child Custody
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What Are Joint Custody Agreements?
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Written by Canterbury Law Group

Equal Shared Parenting

Equal shared parenting, also known as “shared parenting” or “co-parenting,” refers to a post-separation or post-divorce arrangement where both parents share approximately equal responsibility and time with their children. This approach aims to maintain strong relationships with both parents, minimizing the emotional and psychological impact of the separation on the children.

In an equal shared parenting arrangement:

  1. Time: The children spend roughly equal amounts of time with each parent. This does not necessarily mean a perfect 50/50 split but rather a balanced distribution of time that works for both the parents and children.
  2. Decision-making: Both parents have equal say in important decisions regarding the child’s upbringing, including education, healthcare, and extracurricular activities.
  3. Financial responsibility: Parents typically share financial obligations for their children, which may involve child support depending on income levels and needs.

The goal of equal shared parenting is to provide children with stability, love, and guidance from both parents, regardless of their living situation.

Equal shared parenting offers several benefits for both children and parents. Some of the key advantages include:

1. Improved Emotional Well-being for Children

  • Children in equal shared parenting arrangements often experience less emotional stress and anxiety compared to those in sole custody arrangements. They maintain strong, meaningful relationships with both parents, which fosters emotional security.

2. Better Social and Academic Outcomes

  • Research suggests that children who have regular and substantial contact with both parents tend to perform better in school and exhibit fewer behavioral problems. They are also more likely to develop strong social skills and higher self-esteem.

3. Balanced Parental Influence

  • Both parents contribute equally to the child’s upbringing, offering diverse perspectives, values, and life experiences. This balance allows children to develop a broader, more well-rounded worldview.

4. Reduction in Parental Conflict

  • When both parents are actively involved and share responsibility, there may be fewer disputes over child-related decisions. Co-parenting encourages better communication and collaboration between parents, reducing the likelihood of ongoing conflict.

5. Encourages Gender Equality

  • Equal shared parenting challenges traditional gender roles, where mothers are often expected to be primary caregivers. Fathers have more opportunities to be actively involved in their children’s lives, promoting gender equality in parenting responsibilities.

6. Better Adjustment Post-divorce

  • Children often adjust better to divorce or separation when they maintain strong relationships with both parents. Shared parenting helps them adapt to their new reality without the feeling of “losing” one parent.

7. Parental Well-being

  • Both parents benefit emotionally and physically from being active participants in their children’s lives. Equal shared parenting can alleviate feelings of isolation and loss that often accompany sole custody arrangements.

8. Less Reliance on Courts

  • In shared parenting arrangements, parents often work together to make decisions, which can reduce the need for prolonged legal battles over custody and visitation. This leads to less stress, lower legal costs, and more harmonious family dynamics.

Overall, equal shared parenting promotes healthier, happier outcomes for both children and parents, helping to create a stable and supportive environment despite the challenges of separation or divorce.

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Scottsdale Divorce, Sole Child Custody
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Supervised Custody Exchanges

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If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age.  To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.”

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing.  Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

A supervised custody exchange is a structured process where children are transferred between parents under the observation of a neutral third party to ensure the safety and well-being of everyone involved. This arrangement is often used in cases where there is a history of conflict, domestic violence, substance abuse, or other concerns that could put one of the parents or the child at risk during a handover. The goal is to facilitate safe and conflict-free exchanges of children between parents or guardians.

Key Aspects of Supervised Custody Exchanges:

  1. Neutral Location: Exchanges usually occur in a neutral, safe location, such as a supervised visitation center, a police station, or a designated exchange facility. This ensures that neither parent has an advantage or control over the environment.
  2. Third-Party Supervision: A trained supervisor or professional staff member is present during the exchange to observe and ensure it happens peacefully. In some cases, the exchange may occur in the presence of a family member or a neutral adult, but professional supervision is often preferred.
  3. Prevention of Conflict: The presence of a supervisor reduces the likelihood of verbal arguments, threats, or violence between parents. It helps create a structured and emotionally neutral environment for the children.
  4. Staggered Timing: Sometimes, supervised exchanges involve one parent dropping off the child first, and the other parent picking them up later, so the two parents do not come into direct contact with each other.
  5. Documentation: The supervisor often documents the details of each exchange, such as whether the handoff occurred on time, how the children behaved, and any issues that arose. These records can be used in court if necessary.
  6. Child-Focused: The process is designed to reduce the emotional stress on children during exchanges. By minimizing the chances of parental conflict or stressful encounters, supervised exchanges aim to create a more stable environment for children.

When Are Supervised Custody Exchanges Necessary?

Supervised exchanges may be ordered by the court in situations such as:

  • History of domestic violence: To protect one parent from potential harm or intimidation.
  • High-conflict divorce or separation: Where parents struggle to communicate without arguing in front of the children.
  • Substance abuse issues: When one parent has a history of drug or alcohol abuse, ensuring the exchange is safe and monitored is critical.
  • Restraining orders: If a restraining order or protection order is in place, supervised exchanges can ensure compliance.
  • Concerns for child safety: If there are concerns about the child’s well-being with one of the parents, supervised exchanges ensure their safety during the transition.

How to Arrange Supervised Custody Exchanges:

  1. Court Order: In many cases, a judge will order supervised exchanges as part of a custody agreement or divorce settlement.
  2. Voluntary Agreement: Parents can agree to supervised exchanges without a court order, particularly if both parties recognize the need for a neutral third party to facilitate the handoff.
  3. Professional Services: Many communities offer professional supervised exchange services through family law centers or social service agencies. These services often have trained staff who are experienced in managing high-conflict situations.

Benefits of Supervised Custody Exchanges:

  • Ensures Safety: Both parents and children are protected during the handoff.
  • Reduces Conflict: By eliminating direct contact between parents, supervised exchanges help avoid arguments and confrontations.
  • Creates Stability: Children benefit from a predictable, calm process that reduces the stress and anxiety often associated with custody exchanges.
  • Legal Documentation: The presence of a supervisor provides a legal record of the exchange, which can be useful in court proceedings.

Supervised custody exchanges are a valuable tool in situations where direct interactions between parents could pose a risk or cause emotional distress, helping maintain a child-focused and safe environment during transitions.

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Changes in Custody Plans, Child Custody, Child Custody & Parenting Time, Parenting Time
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Explaining Custody Orders to Children

In Arizona family courts, judges often do everything in their power to keep divorce proceedings from negatively impacting children’s emotional well-being, especially when there are contentious custody proceedings taking place. Most judges discourage parents from even speaking to the children about custody disputes. However, at some point parents getting a divorce will eventually have to explain the divorce and custody arrangements to the children. It will have to be done regardless of the type of custody arrangement the court ultimately orders.

Explaining custody to a child can be a bit difficult if the child is still quite young. The process may be easier for an older teen, but they are still emotionally vulnerable as well. You can always ask for family Law help in Scottsdale to get pointers in explaining custody arrangements to children. Here are several tips from divorce experts who have navigated these waters before you:

Tell Them the Important Facts of the Custody Arrangement

You don’t need to explain the intricate legalities of joint or sole custody to children. However, you will have to explain terms of the custody arrangement as simply as possible, because it will affect them more profoundly than you. Here are the things you should tell children:

  • With which parents the kids will stay, or how much time they will have to spend at each parent’s house. These courts ordered parenting time allocations are not optional and must be followed by both parents, and the children.
  • The parent who will drop them off and pick up from school.
  • The parent who will handle transportation.
  • Repeatable schedules with each parent.
  • Living arrangements for the summer or annual vacation times (e.g. Spring or Fall Break).

Avoid Distressing Subjects

You don’t have to explain to children why the custody arrangement is the way it is, or why the parents went through a divorce. Do not bad mouth the other parent in front of the children, either. Doing some of these things may even land you in trouble with the court. Do not discuss child support, alimony or other money issues with the children either. If something is not of immediate concern to the wellbeing of the child, avoid the subject.  Money and property and other adult issues should remain discussed between counsel and the parents, not the minor children.

Let Them Know They are Loved

Children of divorced parents may experience a host of negative emotions, including feelings of abandonment or guilt. Some children feel like it is “their fault” that Mom and Dad split up.  It’s important to let the children know that both parents love them even if the parents are now divorced. Don’t leave any room for them to be alarmed about the custody arrangement. Show them that it is in their best interest. If the children have to spend time at two locations, tell them it is so because both parents want to take part in both their lives. Explain custody in a positive note so children are not unnecessarily distressed and worried with the new realities post-Decree.

Let them Feel Comfortable with Lawyers and Mediators

Children in the middle of contentious divorces may have to put up with strangers whom they keep encountering like lawyers and court-appointed advisors or interviewers. It’s important that children become familiar with these people and this process and not feel ambushed.  If explaining custody is too much for you, you can ask your lawyer to gently break the news to them. The lawyer will be familiar with what information is allowed by the court and what is not, to tell directly to the children.

It’s never easy to discuss divorce or custody with children. Hopefully, the above suggestions will help.  Regardless, you should rely on your chosen legal professional to help you navigate these critical and choppy waters.

Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, domestic violence
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What Are Joint Custody Agreements?
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How to Prepare for Child Custody Court

Preparing for child custody court requires careful planning, organization, and a clear understanding of the legal process. Here are some steps to help you prepare effectively:

1. Understand the Legal Standards

  • Best Interests of the Child: Familiarize yourself with the factors the court considers in determining what is in the best interests of the child, such as the child’s needs, each parent’s ability to provide care, and the child’s relationship with each parent.

2. Gather Documentation

  • Parenting Plan: Prepare a detailed parenting plan that outlines your proposed custody arrangement, visitation schedule, and decision-making responsibilities.
  • Evidence of Involvement: Collect documents showing your involvement in your child’s life, such as school records, medical records, extracurricular activities, and daily routines.
  • Communication Records: Keep records of all communication with the other parent, especially if there are disputes or issues. This includes emails, text messages, and notes from conversations.

3. Financial Records

  • Income and Expenses: Prepare documentation of your income, expenses, and financial stability, including pay stubs, tax returns, and bank statements.
  • Child-Related Expenses: Keep track of expenses related to your child’s care, such as healthcare, education, and extracurricular activities.

4. Character References

  • Witnesses: Identify individuals who can testify to your parenting abilities and relationship with your child, such as teachers, coaches, family members, and friends.
  • Letters of Support: Gather letters from people who can attest to your character and involvement in your child’s life.

5. Prepare for Court Appearance

  • Dress Appropriately: Wear professional attire that reflects the seriousness of the court proceedings.
  • Arrive Early: Plan to arrive at the courthouse early to allow time for security checks and to find the correct courtroom.

6. Organize Your Case

  • Timeline of Events: Create a timeline of significant events related to your custody case, including important dates and incidents.
  • Binder or Folder: Organize all your documents, evidence, and notes in a binder or folder for easy access during the hearing.

7. Work with Your Attorney

  • Legal Advice: Consult with your attorney regularly to discuss your case, review evidence, and plan your legal strategy.
  • Mock Trial: Consider participating in a mock trial or rehearsal with your attorney to practice presenting your case and answering potential questions.

8. Stay Calm and Composed

  • Emotional Control: Maintain your composure and stay calm during the hearing. Avoid reacting negatively to statements made by the other parent or their attorney.
  • Focus on the Child: Always emphasize the best interests of your child and your commitment to providing a stable, loving environment.

9. Be Honest and Respectful

  • Truthfulness: Be honest in your testimony and avoid exaggerating or misrepresenting facts.
  • Respect for the Court: Show respect for the judge, court staff, and the other parent, even if you disagree with them.

10. Plan for the Future

  • Continued Involvement: Demonstrate your ongoing commitment to being involved in your child’s life and your plans for their future well-being.
  • Adaptability: Be open to compromise and willing to adapt to changing circumstances for the benefit of your child.

Preparing for child custody court involves thorough preparation, organization, and a clear focus on the best interests of your child. By gathering evidence, working closely with your attorney, and presenting yourself professionally, you can effectively advocate for your custody arrangement and demonstrate your commitment to your child’s well-being.

Defining Child Custody Orders

Child custody orders determine the legal authority and responsibilities of parents or guardians regarding the care, upbringing, and decision-making for their children. These orders can vary depending on the specific needs and circumstances of the family, and they may include various types of custody arrangements. Here are some common types of child custody orders:

1. Legal Custody

  1. Joint Legal Custody:
    • Both parents share the authority to make important decisions about the child’s upbringing, including education, healthcare, religion, and extracurricular activities.
    • Joint legal custody does not necessarily require equal parenting time or physical custody.
  2. Sole Legal Custody:
    • One parent has the sole authority to make decisions regarding the child’s upbringing without input from the other parent.
    • Sole legal custody may be awarded if one parent is deemed unfit or if there is a history of conflict or inability to cooperate between the parents.

2. Physical Custody

  1. Joint Physical Custody:
    • The child spends significant time living with both parents, and they share physical custody of the child.
    • Joint physical custody arrangements may be equal (50/50) or substantially shared, depending on the specific needs and circumstances of the family.
  2. Sole Physical Custody:
    • The child primarily resides with one parent, and the other parent may have visitation rights or parenting time according to a schedule determined by the court.
    • Sole physical custody may be awarded if it is determined to be in the best interests of the child or if one parent is unable to provide a stable and suitable living environment.

3. Split Custody

  1. Split Custody:
    • In split custody arrangements, siblings are divided between the parents, with each parent having primary physical custody of at least one child.
    • Split custody arrangements are relatively rare and may be considered if it is deemed to be in the best interests of the children involved.

4. Bird’s Nest Custody

  1. Bird’s Nest Custody:
    • In bird’s nest custody, the child remains in the family home, and the parents take turns living with the child according to a set schedule.
    • This arrangement allows the child to maintain stability in their living environment while the parents rotate in and out of the home.

5. Temporary Custody Orders

  1. Temporary Custody Orders:
    • Temporary custody orders may be issued by the court during the pendency of a divorce or custody dispute to establish custody arrangements until a final decision can be made.
    • These orders are intended to provide stability and structure for the family while the legal process is ongoing.

Conclusion

Child custody orders are tailored to the specific needs and circumstances of each family and are designed to promote the best interests of the child. The type of custody order issued by the court will depend on factors such as the child’s age and preferences, the parents’ ability to cooperate, and any history of abuse or neglect. It’s essential for parents to understand their rights and responsibilities under the custody order and to work together in the best interests of their children

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Scottsdale Divorce, Sole Child Custody
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Proof Of Custody

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The most crucial element of your custody case is the evidence. It validates your beliefs about what’s best for your child. Whether the judge rules in your favor depends on the evidence you provide in court.

It is best to begin gathering evidence right away, even prior to filing a lawsuit. The best person to advise you on the best evidence for child custody is a lawyer, but the following will get you started in the right direction toward assembling a strong case.

In family court, what is admissible evidence?

Evidence that you are permitted to present in court is known as admissible evidence. The specifics of your case and your court’s rules of evidence will determine what evidence is admissible in most cases. To find out what you are permitted to present, you will need to conduct some research.

You cannot introduce evidence in family court that is considered inadmissible. Hearsay, for instance, which is the repetition of something you say someone else said, is usually not admissible. Additionally, evidence that has no direct bearing on the matter at hand is frequently excluded.

The majority of courts allow the kinds of evidence that are being discussed here.

The best kinds of proof in custody disputes

Your proof should show that it is in the child’s best interests to grant you custody. The following categories of proof can help you make your point.

Obtain official documentation to demonstrate your suitability as a parent:

Pay stubs and tax returns are examples of income documentation that demonstrates your stability.
Medical records attesting to your child’s receiving quality care.
Your child’s grades on school reports, which frequently reflect their home life.
Any incidents involving the other parent that are reported to the police.
Private documents.

Your personal records are your creation. They can demonstrate how you contribute to your child’s upbringing and your current relationships with the child and the other parent.

Documents that support your case consist of:

A suggested visitation schedule that indicates your preferred times for exchanging the child.
If you already have a timetable, a record of parenting time that was lost or refused.
An expense report demonstrating your financial support of your child’s needs.
Printed copies of your co-parent’s texts, emails, and other communications.
Call log to demonstrate that you try to communicate with your child.
Images and recordings.
If you and your child have a formal relationship, the court will want to know. Videos and images can be used to illustrate this..

Here are some instances of what images can demonstrate:

The child is in a stable home with you.
You spend time with the child—you might even take them on a trip.
You show up to the kid’s extracurricular activities.
You try to maintain the other parent’s involvement with the child.
Posts on social media.
Unknowingly sharing information on social media that can harm their case, parents can do so.

Posts on social media can reveal:

The conduct of the parent (e.g., regular partying.)
The relationship between parents and children.
The bond between parents.
Revenue (such as posts about significant purchases.)
You will need to substantiate the authenticity and unedited nature of any social media posts you intend to use as evidence. Ensure that the date and the user’s profile name are visible in any screenshots you take.

Journals: You can use a custody journal to document your interactions with the child and the other parent.

You can record in your journal:

Circumstances where you feel the other parent did not act in the child’s best interests.
Relationships with the additional parent.
Spending quality time with the child.
The emotional condition of the child.
The pediatrician’s appointments.
The way the kid behaved.
A journal can assist you in determining who to call as witnesses and in recalling incidents for your court appearance, even if you decide not to use it as evidence.

Testimony of witnesses

Witnesses give your accusations context. List trustworthy witnesses along with their names and contact details.

Witnesses have the following options for weighing:

Written testimony: A first-hand account of an incident that is relevant to the case is written by the witness.
Extrajudicial depositions (A witness testifies outside of court while under oath.)
Live witness testimony: During a trial, you or your attorney can cross-examine witnesses for the other side as well as for your own.
Child testimony in private (A judge speaks with the child to learn about their emotions.)
Character reference letters (Educators, coaches, and other stakeholders provide input regarding your bond with your child.)
Evaluations of custody (A specialist prepares a report after studying the family)
Plans for the child’s future.

The judge will be looking for proof that you have given your child’s future some thought. To demonstrate this, you can:

Create a visitation schedule and parenting plan.
Describe your plan for keeping the other parent updated on your child’s development.
Demonstrate that you can modify your work schedule to accommodate your child or that you have childcare arrangements in place for them.
Arrangement of evidence in a custody case.
You’ll need to arrange your evidence once you have the best evidence possible for your child custody case.

To arrange your documentation, think about creating a custody documentation binder. Important papers, notes, and additional evidence you intend to provide in court are kept in a trial binder.

Make three copies of every document: one each for the opposing party, the judge, and the witness. To protect each document, place it inside a clear plastic sleeve. Sort your documents using section dividers according to the following.

Court records, or all of the files you have submitted for the case.
Draft of an overview of the evidence you will present in court: opening statements.
Proof (records, images, etc.)
Details about the witnesses (a list of all the witnesses, the questions you plan to ask them, and the documents you will provide them with that are relevant to their testimony.)
Final remarks (a preliminary synopsis of the argument you made.)

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Changes in Custody Plans, Child Custody, Child Custody & Parenting Time, Parenting Time
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Types of Child Custody Orders

Child custody orders determine the legal authority and responsibilities of parents or guardians regarding the care, upbringing, and decision-making for their children. These orders can vary depending on the specific needs and circumstances of the family, and they may include various types of custody arrangements. Here are some common types of child custody orders:

1. Legal Custody

  1. Joint Legal Custody:
    • Both parents share the authority to make important decisions about the child’s upbringing, including education, healthcare, religion, and extracurricular activities.
    • Joint legal custody does not necessarily require equal parenting time or physical custody.
  2. Sole Legal Custody:
    • One parent has the sole authority to make decisions regarding the child’s upbringing without input from the other parent.
    • Sole legal custody may be awarded if one parent is deemed unfit or if there is a history of conflict or inability to cooperate between the parents.

2. Physical Custody

  1. Joint Physical Custody:
    • The child spends significant time living with both parents, and they share physical custody of the child.
    • Joint physical custody arrangements may be equal (50/50) or substantially shared, depending on the specific needs and circumstances of the family.
  2. Sole Physical Custody:
    • The child primarily resides with one parent, and the other parent may have visitation rights or parenting time according to a schedule determined by the court.
    • Sole physical custody may be awarded if it is determined to be in the best interests of the child or if one parent is unable to provide a stable and suitable living environment.

3. Split Custody

  1. Split Custody:
    • In split custody arrangements, siblings are divided between the parents, with each parent having primary physical custody of at least one child.
    • Split custody arrangements are relatively rare and may be considered if it is deemed to be in the best interests of the children involved.

4. Bird’s Nest Custody

  1. Bird’s Nest Custody:
    • In bird’s nest custody, the child remains in the family home, and the parents take turns living with the child according to a set schedule.
    • This arrangement allows the child to maintain stability in their living environment while the parents rotate in and out of the home.

5. Temporary Custody Orders

  1. Temporary Custody Orders:
    • Temporary custody orders may be issued by the court during the pendency of a divorce or custody dispute to establish custody arrangements until a final decision can be made.
    • These orders are intended to provide stability and structure for the family while the legal process is ongoing.

Conclusion

Child custody orders are tailored to the specific needs and circumstances of each family and are designed to promote the best interests of the child. The type of custody order issued by the court will depend on factors such as the child’s age and preferences, the parents’ ability to cooperate, and any history of abuse or neglect. It’s essential for parents to understand their rights and responsibilities under the custody order and to work together in the best interests of their children

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Scottsdale Divorce, Sole Child Custody
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Child Custody Modifications

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If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age.  To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.”

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing.  Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

Child custody modifications involve changes to existing custody arrangements or parenting plans. These modifications may be necessary when circumstances change, affecting the best interests of the child or the ability of one or both parents to fulfill their parenting responsibilities. Here’s an overview of child custody modifications:

Reasons for Child Custody Modifications

  1. Change in Circumstances:
    • Relocation: One parent may need to move to a different city or state, impacting existing custody arrangements.
    • Change in Work Schedule: A parent’s work schedule may change, affecting their ability to adhere to the existing custody schedule.
    • Remarriage or New Relationships: Changes in a parent’s marital status or living arrangements may necessitate adjustments to custody arrangements.
    • Child’s Preferences: As children grow older, their preferences and needs may change, warranting modifications to custody or visitation schedules.
    • Concerns for Child’s Safety: If there are concerns about the child’s safety or well-being in one parent’s care, modifications may be necessary to ensure the child’s best interests are protected.
    • Substance Abuse or Mental Health Issues: If one parent develops substance abuse issues, mental health concerns, or other challenges that impact their ability to parent effectively, modifications may be required.

Process for Child Custody Modifications

  1. Petition or Motion:
    • The parent seeking the modification typically files a petition or motion with the court requesting the change in custody arrangements.
    • The petition should outline the reasons for the requested modification and provide supporting evidence, such as documentation of changed circumstances or concerns about the child’s well-being.
  2. Court Review:
    • The court will review the petition and may schedule a hearing to consider the requested modification.
    • Both parents will have the opportunity to present their arguments and evidence regarding the proposed modification.
  3. Best Interests of the Child:
    • The court’s primary consideration in custody modification cases is the best interests of the child.
    • Factors considered may include the child’s relationship with each parent, the child’s preferences (if they are old enough to express them), the ability of each parent to provide a stable and nurturing environment, and any evidence of parental misconduct or inability to meet the child’s needs.
  4. Mediation:
    • In some cases, the court may require the parents to participate in mediation to attempt to reach a mutually acceptable agreement regarding custody modifications.
    • Mediation can help facilitate communication between parents and reduce conflict, potentially leading to a resolution without the need for a court decision.
  5. Court Order:
    • If the court determines that a modification to custody arrangements is in the child’s best interests, it will issue a court order outlining the new custody or visitation schedule.
    • The court order is legally binding and must be followed by both parents.

How To File A Petition For Modification Of Parenting Time In Arizona

Follow the step below to file a petition for modification of parenting time in Arizona.

Step 1 of 1:

The Papers for the Agreement – Court forms and instructions to file a petition to modify a court custody order for parenting time.

Read More About

Child Custody Laws In Arizona

Modify Legal Decision-Making, Parenting Time and Child Support

Establish Paternity and Legal Decision-Making, Parenting Time and Child Support

Modify Parenting Time and Child Support

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Changes in Custody Plans, Child Custody, Child Custody & Parenting Time, Parenting Time
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