Glendale Child Custody Attorney
Divorce is a messy business. When a marriage ends, people will fight over who gets the house and who owns the cars. However, the most painful part of divorce involves deciding who will get custody of the children.
If you are currently going through a divorce, you probably found our site by Googling “Family law attorney Phoenix, AZ.” and are trying to decide if we are the right lawyer for you. With over 25 years of experience in divorce cases, The Law Office of Cosmas Onyia has seen every type of child custody case. We know Arizona laws well, and our former clients can attest to the fact that we will give your case all of the attention that it deserves.
We can help you get a fair child custody arrangement if you are going through a divorce or having problems coming to an equitable arrangement with an ex-partner.
Your Rights in a Custody Dispute
One of the first things potential clients ask divorce attorneys about is child custody issues. The health and well-being of a person’s children are of the utmost importance to them.
In some cases, both parents come to a fully equitable arrangement on their own. In this case, we can help them with paperwork. We can also help them iron out any details that they might not have thought of.
More often than not, there is some disagreement over what kind of custody arrangement parents will have. Before you come in to meet with one of our trained divorce lawyers, it is a good idea to familiarize yourself with each different type of child custody.
Types of Child Custody in Glendale AZ
There are several basic types of custody arrangements you can get in the state of Arizona. A Family Law Attorney in Glendale can help you come up with specific terms within the arrangement that you have.
The state of Arizona offers three types of custody:
Sole custody may sound like your former mate will never see their child. This is not true. Sole custody simply means that one parent has sole decision-making ability for a child. If your partner has sole custody, you can still tell them what you think is best for your child, but they will have the final say. The child will also live with the parent who has sole custody, but they may grant you visitation rights.
It is only natural to want to have a say in making decisions about your child’s life. Cosmas Onyia will do everything possible to make sure custody is shared.
Even if your ex ends up with sole custody, you still have rights. You are entitled to know what kind of grades your kids are getting. You should be included in parent-teacher conferences. You also have the right to your child’s medical records.
Reasons Sole Custody Is Granted
- Domestic violence
- Parental alienation
- Mental health problems
- Alcohol or drug abuse
- Lack of involvement in the child’s life.
- Lack of co-parenting cooperation
- One parent is insolvent
- Child preference
- Geographical distance
The court in Arizona will always put the interest of the child first. If a parent is proven to be unfit in any way, their ex-partner may be granted sole custody.
If you want sole custody, our firm employs legal researchers who will work to prove that your ex should not be trusted with the well-being of a child.
If you fear your ex-spouse may be granted sole custody, we will tirelessly research all of the evidence they have against you. If we feel that the evidence is not valid, unproven, or very old, we will fight tenaciously to get you the custody rights you deserve.
The term joint legal custody is also misunderstood. It sounds like the child will spend 50% of their time with each parent. This is only true if joint physical custody is granted.
Joint custody means that both parents will have equal decision-making responsibilities. If you want an order of joint custody from the court, you and your partner will have to make a parenting plan. That plan will have to be approved by the court.
Just because parents have agreed to make decisions jointly does not mean that they will sit down and discuss every element of the child’s life.
You will have to decide who will be the custodial parents and when the child will stay with the non-custodial parent. A parenting plan will often delegate responsibilities to each parent. For example, one parent may make decisions about a child’s education, and the other parent may make decisions about medical care.
In Loco Parentis
The term “parent” is more broadly defined than it once was. When one parent is romantically involved with a person who is not the biological father or mother of their child, this person will often become close to the child and provide parental guidance. When the couple breaks up, the person who is not biologically related to the child may want visitation rights or even custody. This type of custody is called Loco Parentis.
It takes a trained and experienced family law firm to handle this type of child custody. The closeness of the relationship must be established. The child’s biological parents must be divorced, legally separated, or unmarried. A person may also petition for this kind of custody if one of the parents is deceased.
Custody and The Preliminary Injunction
Divorce and child custody disputes can bring out the worst in people. When people divorce, they are often afraid that their spouse will try to sell assets without their knowledge or consent. This can affect the quality of life of a child as well as child support.
When a couple divorces, the courts issue a preliminary injunction. This is a legal document forbidding certain actions by the divorcing couple. In addition to stating that assets obtained in the marriage cannot be sold or invested, it also states that neither parent may harass their ex or their children. Divorcing parents are forbidden from taking their children out of Arizona without the written permission of the court.
Child custody lawyers can review the language in the preliminary injunction and make sure it is fair. If they believe additional stipulations are needed, they can request those as well.
Child Custody Mediation
People get divorced because they don’t see eye to eye, so it would be unusual for a divorcing couple to come to a child custody arrangement with no stumbling blocks at all. When both parties have a Family Law Attorney in Glendale, the lawyers can mediate for them. They can keep the emotions out of the proceedings and help the couple come to an arrangement that benefits the child and both of them.
Why You Should Hire Us
When searching for a “Family Law Attorney Glendale” you will find many results. However, few of the lawyers that come up will have the experience or dedication of Cosmas Onyia.
A sole practitioner, he will give you the attention most Glendale family lawyers cannot. He will answer your questions personally. He puts the interest of your child first.
Children are the innocent victims of divorce. If you come to an equitable custody arrangement early on, your kids will feel more secure about their future.