Child Custody Lawyer Phoenix AZ
Going through divorce proceedings is a complex process; having a minor child could further complicate things. As a parent, the child’s well-being and health become a top priority. The situation hinges on how effective the communication is between the parents after separation.
As per our experience in Arizona, child custody cases prove to be contentious, and things can go south fast. Contact the Law Office of Cosmas Onyia, experienced family law attorneys, to schedule a free consultation for a custody case review via phone or email. Our law firm is dedicated to help our clients navigate the legal decision-making process and ensure that their child’s best interests are protected, coming out of the potentially life-altering event without issues.
Important Factors in a Custody Arrangement
Before beginning the process, you need to be aware of the following terms to have a working knowledge of Phoenix child custody laws:
After agreeing on parenting issues, parents have to submit a written parenting plan to a judge, and it should be in the child’s best interest. After approval, the plan is enforceable legally and is binding. If an arrangement cannot be met, the next step is custody trial.
Attorneys will always advise you to start working on parenting plans as soon as possible, with mutual agreement. The lesser decisions left at the discretion of the court, the better it is. If there are no disagreements, the judge screens the plans to see if anything is missing. The judge can also add additional terms if deemed necessary to protect and promote the child’s needs.
Child custody attorneys can help you walk through drafting the agreement and iron out any disagreements. Call Cosmas Onyia to schedule a consultation now. With our help and guidance, our clients were able to protect their children and maintain a healthy relationship.
Parenting time defines the schedule that dictates when the child will spend the time with one parent. Parent’s access to the kid is per the decided parenting plan. Responsibilities during the parenting time include making routine decisions for the child, such as feeding, sheltering, and clothing.
In rare cases, parenting time is not allowed by the court. If the court is convinced that a parent could pose a danger or harm to the child due to domestic violence, substance abuse, criminal record, child neglect or abuse, or mental or physical health problems can alter the decision of parenting time. The court can order the time to be restricted, supervised by a family friend, relative, mental health professional, or social worker, or monitored.
The court may also choose to ease out the restrictions if the person can establish stability and reliability.
Legal Decision Making
As per A.R.S. § 25-401(3), legal decision-making means that the custodial parent may make non-emergency legal decisions for the children. It is the parents’ right and responsibility. The four important elements of legal decision-making are healthcare, education, personal care decisions, and religious training.
If there is a disagreement between the parents, one parent may be legally granted permission to decide on any of the four elements, even if the parents are jointly responsible for making important decisions for their children.
There are federal statutes limiting a court’s authority and jurisdiction in child custody proceedings. In Phoenix, Arizona, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) dictates a test for determining the child’s “home state” to ascertain Arizona jurisdiction. Federally, the Parental Kidnapping Prevention Act (PKPA) elaborates on the jurisdictional issues faced when the case of interstate custody arises. The act prevents any other state from enforcing custody when Arizona has already established jurisdiction over the case.
Any parent who does not comply with the court’s order will be held in contempt of the court and sanctioned.
When a child’s life hangs in the balance, we advise you not to take chances and appoint an attorney experienced in matters of divorce, custody, and how to deal with stressed parents. In Phoenix, Arizona, the Law Office of Cosmas Onyia is considered one of the best to deal with family law matters. We offer a free consultation to ensure we are the right fit before proceeding. Phone us now to schedule a meeting.
Different Types of Child Custody
Custody arrangement is of two types – physical custody and legal custody. There are further sub-categories of custody under every type. Depending on the relationship between the parent and kids, complications can arise in the categorization of child custody. We recommend contacting a Phoenix child custody lawyer to ensure your rights as a parent are protected. Call the Law Office of Cosmas Onyia in Arizona for a free case review and professional guidance.
Physical custody means the child will be residing with one parent for the majority of their time. Legal custody means that the custodial parent will be responsible for making important decisions, including health, education, medical matters, etc. The decision to divide the child’s physical and legal custody should be as per the joint agreement by parents and can be divided equally. As per a child custody attorney, this route is advisable as both parents will be involved equally in the decision-making process of the kid’s life.
When physical custody is equally shared between the parents, it is known as joint custody. At parents’ request, legal custody may or may not be divided equally. Sole custody means that only one parent has legal and physical custody. The other parent may be allowed visitation rights to uphold the relationship, but it can be restricted or under supervision as detailed in the custody order.
Law Office of Cosmas Onyia – Phoenix Child Custody Lawyers
A court battle is often taxing on both the parties, which is why the legal advice given by lawyers at Cosmas Oniya is to work together, wherever possible. Our law group in Arizona focuses on working with parents to make the process of gaining legal custody easier. We also assist in other matters pertaining to family law, including divorce, and have successfully fought many cases.
For our clients, the prime objective is to resolve difficulties and controversial issues preventing them from taking proper care of their kids. An experienced custody lawyer will always use mediation first as it is a cost-effective and proven method in child custody cases. Mediation favors a child’s best interests. Our team of lawyers believes that it is better to spend resources ironing out issues than fighting a drawn-out child custody battle.
Family law in Phoenix, AZ, dealing with child support and custody involves many aspects. The main motive of the legal decision-making process is ensuring that the child’s best interests are looked after. After separation, children should have a stable environment, visitation rights as per the custody order, provided there are no instances of child abuse or danger from the non-custodial parent. Another aspect about the visitation rights extends beyond the parents. Rights are given to grandparents as well as they are family too.
Navigating these complex relationships is something that the Law Office of Cosmas Onyia is well-versed and has extensive experience with. Our other practice areas include divorce, debt and property division, spousal support, legal separation, order of protection, among others.
Phone in and contact us to set up a free consultation today to discuss your case with some of the most brilliant child custody lawyers in the state.