Child custody issues are oftentimes the mostimportant thing to our clients, and it’s the most important thing to us. Spending timewith your children is critical and it’s important for your children as well as it’s importantfor the parent’s to be able to provide guidance to those children. So I want to talk to younow about what, really, it means to say child custody in Arizona. There’s really two aspectsto custody decisions in Arizona, the first one is the court’s going to decide whetherthe parties are going to have joint legal decision making or sole legal decision making,over the major decisions affecting the child. The court has to decide whether there’s goingto be primary physical custody where the other
parent is simply receiving visitation, maybethat visitation is every other weekend. Alternatively the court can order an equal parenting timeschedule, and the court can really order any parenting time schedule which is a variantbetween those two extremes. Both of those decisions, the legal decision making as wellas the parenting time decisions made by a court are going to be based upon what’s inthe best interest of the children. Factors the court are going to consider are the relationshipthe child has with each parent, the relationship the child has with his or her siblings andany other person in that home that, that child has contact with, we’re talking about family,friends or anyone else. The court’s going
to look at evidence regarding the child’sadjustment to the parents respective homes, school and surrounding community; the court’sgoing to consider the wishes of the child so long as he or she is of a suitable ageto voice an intelligent preference. The mental and physical health of the child as well aseveryone the child may have contact with in each parents home will be considered, thecourt will look at which of the two parents is most likely to cooperate in providing theother parent with frequent and meaningful contact with the child. The court will lookat whether one parent has mislead the court or caused unnecessary delay in the child custodyproceeding. The court will look a whether
there has been child abuse or domestic violencein the family. The court will look at whether either party has attempted to exert duressor coercion on the other party to obtain legal decision making or parenting time ordersthey desire. A court will consider whether a parent has completed the required parentaleducation classes that have been ordered by the court. Now lastly, the court will considerwhether either parent was convicted of a false claim of child abuse or neglect. To view ourcomplete tutorial series on the Arizona legal decision making and parenting time laws, pleasesign up for our newsletter on our Hildebrandlaw website. Alternatively you can call us at(480) 3058300 or email us through our contact
page on our Hildebrand Law firm website..
Primary Custody Law in Texas Child Custody Lawyer Evans Law Group
Announcer: When life’s path takes an unplannedturn, call the Evans Family Law Group for a consultation at 6282550.The Evans Family Law Group, providing a full spectrum of family law services. James Evans: How do you get primary custody?I’ll tell you who primarily asks me that to use the wordprimary a lot is dads. Dads come to me with the misconceptionthat the courts are biased against dads. I don’t believe that.I think there was a time, probably even 10 years ago, when thecourts carried a bias
like that. I think those biases are gone. I think in most courts in our counties Travis,Williamson, Bastrop, and Hays and the counties right here I think that bias is gone. What courts look for it soundstrite but they really are trying to dig for what’s inthe best interest of the kids. The obvious things are if mom ismoving around a lot, if mom has mental health issues, serious mentalhealth issues, not just depressed, but there’s documentedmental health issues,
mom has CPS history, has been investigatedfor abuse or neglect documented, not just because somebody’saccused them of it or domestic violence, I mean if you’ve gotissues like that, those are the obvious things where dads canwin primary custody. What’s important is when a dad comes in andthe scales are more balanced, then you start looking into moreof the nuances of the situation. Now, what you’re looking for arethe aids and the needs of the children or child. Is there achild or a kiddo
that’s got special needs versus kiddos whodon’t have special needs? Are they in school or out of school?How far apart do the parents live? You look for the cooperativeability of each parent to work together. You’re looking for the kind of evidence thatI can expose the other parent for not cooperating with theother parent. Small things, examples like that might be not disclosingschool schedules for activities like concerts orsoccer or games or
events, so it’s disclosed too late so theother parent can’t go or ‘s appointments or things like that.You start trying to expose those kinds of nuances to the case,and, at the end of the day, the courts are really looking forthose kinds of things. Who is the more stable parent? Whois the more permanent parent? At the end of the day, what I always ask clientsis to evaluate: Why should the judge trust you with thesechildren?
Announcer: When life’s path takes an unplannedturn, call the Evans Family Law Group for a consultation at 6282550.The Evans Family Law Group, providing a full spectrum of familylaw services..