Tucson Child Custody Attorney
Child Custody & Visitation Lawyer in Pima County
At McNorton Fox, we are committed to helping families resolve child custody and visitation issues in a way that is practical, efficient, and in the best interests of the child. We understand that these types of disputes can have a significant impact on children, and we work diligently to help our clients resolve these cases in a way that is healthy and beneficial.
Our family law firm represents both mothers and fathers seeking child custody and visitation rights. We also represent grandparents and other relatives who have a significant interest in caring for a child. If you are facing a child custody or visitation issue, please contact us for a consultation.
To speak with an experienced Tucson child custody lawyer, give us a call at (520) 415-2970 or contact us online today.
What Is Child Custody?
Child custody refers to the arrangement a court orders for children when their parents are separating or divorcing. This arrangement may include physical custody (where the child lives) and legal custody (the responsibilities and authority to make decisions about the child).
Types of Custody Arrangements in Pima County
Arizona law recognizes two types of custody:
- Sole custody
- Joint custody
Sole custody refers to a situation where one parent has primary decision-making authority over the child. Joint custody refers to a situation where both parents share equal decision-making authority.
Parents can also share physical custody, which refers to the arrangement where the child spends time with each parent. Parents can share physical custody in a number of ways, including 50/50 or rotating on a weekly or monthly basis. Parents can also share legal custody, which refers to the decision-making and authority to make decisions about the child's upbringing, education, and medical care.
Parents can also agree to a 50/50 shared custody arrangement, but this must be approved by a judge. A shared custody arrangement must be in the child's best interests.
Prepare Effectively for Your Child Custody Hearing
When it comes to your child custody case, the most important thing is to make sure you have a strong advocate on your side. When you work with our family law firm, you can be confident that we will work tirelessly to help you reach an arrangement that is in the best interests of your child.
To help make sure you are prepared to discuss your custody arrangement with a judge, consider the following:
- Make a list of all the important people in your child's life, including relatives and close family friends
- Make a list of the activities and programs your child enjoys and how they are spent with each parent
- Make a list of your child's daily routine and how it is spent with each parent
- Make a list of your child's medical and educational needs, including special needs and unique circumstances
- Make a list of your child's strengths, talents, and interests
- Make a list of your child's routines, schedule, and bedtime
- Make a list of your child's favorite things, including their favorite toys, books, movies, songs, etc.
- Make a list of the important family events your child will miss if they are not with you on certain holidays
Call (520) 415-2970 to schedule a consultation with our child custody lawyers in Tucson and secure your child's future.
Determining Custody in Arizona
When the court is asked to determine custody, it follows specific guidelines and factors designed to protect the child’s well-being and promote a stable environment. These factors include:
- The Child’s Wishes: If the child is of sufficient age and maturity, their preference may be considered when deciding custody.
- The Parents’ Relationship with the Child: The court evaluates the parents' relationships with the child, including their ability to meet the child's physical, emotional, and developmental needs.
- The Health and Safety of the Child: Any history of abuse or neglect by either parent is a critical factor in determining custody. The court will prioritize the safety and well-being of the child, and if one parent poses a risk to the child’s health, the court may grant sole custody to the other parent.
- The Ability of Each Parent to Co-Parent: Arizona courts value cooperation between parents and their ability to make joint decisions regarding the child’s welfare. If one parent is unwilling or unable to communicate effectively with the other, this may negatively affect their chances of receiving custody.
- The Parent’s Mental and Physical Health: A history of mental health issues or substance abuse problems may impact a parent’s ability to care for the child and participate in joint decision-making.
- The Parent’s Work Schedules and Availability: The court looks at the work schedules of each parent and their ability to provide the necessary care, attention, and supervision for the child.
- Any History of Domestic Violence: If there is a history of domestic violence or child abuse, the court will prioritize the safety of the child and may limit the violent parent’s custody rights.
The role of a Tucson child custody lawyer is to help you navigate these complex factors, ensuring that you present your case effectively and advocate for the best outcome for your child.
Modifying Custody Orders
Once a child custody order is in place, it is not necessarily set in stone. Life changes, and a custody arrangement that worked in the past may no longer be in the child’s best interest. Arizona law allows for modifications to child custody orders under certain circumstances.
To modify custody, you must show that there has been a substantial and material change in circumstances since the original order was made. A Tucson child custody attorney can help you petition for a modification if there has been a significant change in circumstances.
Some common reasons for seeking a custody modification include:
- Change in Parental Circumstances: If one parent’s life situation has changed significantly, such as a move to a new city, a change in employment, or the development of health issues, it may warrant a modification of custody.
- The Child’s Best Interests Have Changed: As children grow, their needs change. If the current custody arrangement is no longer in the best interest of the child due to changes in their education, emotional needs, or behavior, a modification may be necessary.
- Parental Unfitness: If one parent becomes unfit to care for the child due to drug or alcohol abuse, mental health issues, or neglect, the other parent may seek a modification to obtain sole custody.
- Alienation or Abuse: If a parent is alienating the child from the other parent or engaging in any form of abuse, it may be necessary to modify the custody arrangement.
- The Child’s Preferences: If a child expresses a clear preference and has the maturity to make such decisions, the court may consider modifying custody to accommodate their wishes.
Our Approach to Securing Your Child's Future in Tucson
Our child custody lawyers are committed to helping you reach an agreement that is in the best interests of your child. However, we are also prepared to take your case to court if necessary. We understand that these are some of the most important legal issues you will face as a parent, and we will do everything we can to advocate for your parental rights.
We are committed to providing high-quality legal representation to all our clients, regardless of their financial situation. If you are facing a child custody case, we can help.
Protect Your Parental Rights with the help of an experienced Tucson child custody attorney. Call (520) 415-2970 or contact us online to schedule a legal consultation today.
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