Announcer: when life’s path takes an unplanned turn, 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 word primary a lot is dads. Dads come to me with the misconception that the courts are.
Biased against dads. i don’t believe that. i think there was a time, probably even 10 years ago, when the courts 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 sounds trite but.
They really are trying to dig for what’s in the best interest of the kids. The obvious things are if mom is moving around a lot, if mom has mental health issues, serious mental health issues, not just depressed, but there’s documented mental health issues, mom has CPS history, has been investigated for abuse or neglect documented, not just because somebody’s accused them of it .
Or domestic violence, i mean if you’ve got issues like that, those are the obvious things where dads can win primary custody. What’s important is when a dad comes in and the scales are more balanced, then you start looking into more of the nuances of the situation. Now, what you’re looking for are the aids and the needs of the children or child. Is there a child or a kiddo.
That’s got special needs versus kiddos who don’t have special needs? Are they in school or out of school? How far apart do the parents live? You look for the cooperative ability of each parent to work together. You’re looking for the kind of evidence that I can expose the other parent for not cooperating with the other parent. Small.
Things, examples like that might be not disclosing school schedules for activities like concerts or soccer or games or events, so it’s disclosed too late so the other 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 for those kinds of.
Things. who is the more stable parent? who is the more permanent parent? At the end of the day, what I always ask clients is to evaluate: Why should the judge trust you with these children? Announcer: When life’s path takes an unplanned turn, call the Evans Family Law Group for a consultation at 6282550. The Evans Family Law.
What Is The Difference Between Sole Custody And Joint Custody
Oliver ross: okay. sole custody and joint custody, first of all, have nothing to do with how divorcing parents spend time with their children. It’s been a common misconception that, somehow, sole custody meant that one parent would have all the time with the children and the other parent wouldn’t have any. Sole. The word ‘custody’, by the way, has been taken out of the law, taken out of the statutes concerning children in divorce, here in Arizona as of January 1, of this year, 2013. Because it always meant, not how much time parents would spend with children,.
It always meant who would make major life decisions. So, if one parent were to have sole legal custody, which is now called ‘sole legal decisionmaking’, that parent would make major life decisions for the children, independently of the other parent. So, what are some examples of major life decisions? Around education, what schools do they go to’ public school, private school, charter school? Around health; what s do they see, what medicines do they take?.
Around religion; what religion or faith are they raised in? Those are prime examples of major life decisions for children. Here in Arizona, there is a presumption of joint legal decisionmaking, which used to be called ‘joint legal custody’ such that the courts unless something egregious was going on, like alcohol, drugs, domestic violence the courts will presume and grant joint legal decisionmaking, wherein the parents share in the making of the major life decisions for their children.