Child custody issues are by nature emotional and the complicated terminology and legal process can make it feel overwhelming. We can help you cut through the noise so you understand what you need to do to make sure that your child's best interests are protected. Whatever your situation, you can be confident that we have helped many parents like you.
Ideally, both parents will be involved in their child’s life. But reality is often far from ideal. We have handled the full range of custody issues. We have helped estranged parents become a meaningful part of their child’s life. We have also helped parents protect their child from the other parent’s dangerous choices. Nothing is more important to you than your child. You want to spend time with your child, love your child, and protect your child. We can make sure you have that opportunity.
We can help make your custody issue less stressful. Our attorneys have experience representing clients in nearly every circumstance. We help our clients reach successful resolutions by ensuring they are informed throughout the process.
People come to us to for help with their custody case for a variety of reasons. Some parents come to us right when they are separating from the other parent, as they want to get a Parenting Plan in place right away. Some parents have tried to work it out with the other parent, but they find themselves continually either in conflict with the other parent or being denied access to the child. Some parents are coming to change the plan they do have, finding it no longer workable, because it puts their child in a dangerous situation, the other parent is unwilling to work with them, or something else has changed. Some parents are looking just to enforce their current plan because the other parent won’t abide by it. Some parents are looking to move out of state. Sometimes, they aren’t even parents—they are grandparents or other interested people who want to pursue visitation or perhaps even custody of a child.
Simplified 10-Step Process
Questions to consider when starting a custody case?
Filing a Petition. While there are several different types of custody (divorce, establishment, modification, enforcement, third-party rights, or relocation), all of them must start the same way: A Petition is filed with the court.
Serving the Other Party. The other party must be served the petition or other appropriate documents in one of three ways: by process server; by certified mail, return receipt as requested, with delivery restricted to the person you are serving; or by having them sign an Acceptance of Service in front of a notary.
Temporary Orders. The family courts are impacted, and it can take six to nine months before your case ever goes to trial. Custody often cannot wait. For that reason, the petitioning party may want to consider whether asking the court for temporary orders is necessary. Temporary orders ask the court to put orders in place while the case is pending. It requires a trial within sixty (60) days of filing. A final trial or future agreement between parents can change the temporary orders, but sometimes swift action is needed.
Response. Generally, the parent who did not file the court initiating petition will have a chance to respond. The response is optional for a Petition to Modify or a Petition to Enforce.
First Court Hearing. Other than a Petition to Enforce, the first hearing will most likely be a Resolution Management Conference (RMC). The parties are required to file a resolution statement stating how they wish to resolve the outstanding issues in the case, and, if represented, they must meet and confer with each other.
Options for Settlement. There are many options for settlement, including mediations (parties negotiate using the assistance of a neutral third-party), parenting conferences (low-cost mediation option with the court strictly limited to legal decision-making or parenting time), settlement letters, and settlement conferences.
Evaluations and Professionals. The court has many options for evaluating the parties that include psychological evaluations, substance abuse evaluations, comprehensive family evaluations, vocational evaluation, and others. Additionally, the court may appoint certain professionals, such as a Court-Appointed Advisor or Best Interest Attorney. These evaluations and these professionals can carry a lot of weight in what happens in your case.
Trial: Once a case starts, there are ultimately two options: settle or let the judge decide. A judge cannot make a final decision without first holding a trial. So if you cannot settle your case, you must be prepared to put on a trial.
Parenting Plan: Whether you settle or have a judge decide your case, a Parenting Plan must be issued. It must decide how legal decision-making is allotted between the parents. It must also contain not just the normal schedule for parenting time, but a holiday schedule and a vacation schedule. It should include a communication plan for how the parents are going to communicate with each and the child. There are certain other requirements, imposed by the Legislature, that must be included in the Parenting Plan. Finally, there must be a child support order and child support worksheet, even if the parties have agreed that neither party should pay child support. Once signed by the judge, the Parenting Plan remains in effect until modified. Under Arizona law, it may not be modified for one year, absent an emergency; or if a parent is not abiding by the parenting time orders, it can be modified after 6 months.
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We’re conveniently located in North Scottsdale, just off the 101 and Raintree.
Call us today to speak with one of our family law attorneys.
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