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At Cohen Family Law, we help parents in Phoenix navigate custody disputes with a clear strategy and a focus on workable solutions. Whether you are seeking joint custody, sole custody, or modifications to an existing order, we guide you through the process with practical advice and experienced representation.
Types Of Child Custody In Arizona
Arizona law separates custody into two main categories, parenting time and legal decision-making. Understanding the difference is essential when building a custody case.
Parenting Time
Parenting time refers to where the child lives and how time is shared between parents. This includes:
- Weekly schedules
- Holidays and vacations
- Exchanges between parents
- Day-to-day living arrangements
A well-structured parenting time schedule helps provide stability for the child and clarity for both parents.
Legal Decision-Making
Legal decision-making refers to the authority to make major decisions about the child’s life, including:
- Education
- Healthcare
- Religious upbringing
Courts often favor shared decision-making when appropriate, but sole authority may be granted when there are serious concerns about a parent’s ability to act in the child’s best interests.
How Courts Decide Child Custody In Arizona
Arizona courts base custody decisions on the best interests of the child. Judges evaluate a range of factors to determine what arrangement supports the child’s physical, emotional, and developmental needs. Key considerations include:
- The relationship between each parent and the child
- The child’s adjustment to home, school, and community
- The mental and physical health of everyone involved
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of domestic violence or abuse
- Whether either parent has acted in bad faith during the case
- The child’s preferences, depending on age and maturity
No single factor controls the outcome. The court looks at the full picture when deciding what arrangement will serve the child best.
The Court Focuses On The Child!
What Is A Parenting Plan?
A parenting plan is a written agreement that outlines how parents will share responsibilities and time with their child. If approved by the court, it becomes a binding order.
A strong parenting plan should clearly address:
- Legal decision-making authority
- Parenting time schedules
- Holidays and vacations
- Transportation and exchanges
- Communication between parents
- How disputes will be resolved
- How future changes will be handled
Careful planning at this stage can prevent future conflict and provide structure for both parents and children.
Required Parent Education Program
In Arizona, parents involved in custody disputes must complete a parent education program. This course is designed to help parents understand how separation or divorce may affect their child and how to co-parent more effectively. Key details include:
- Must be completed within 45 days of filing
- Typically takes about three hours
- Requires a registration fee
- A certificate must be filed with the court before final orders are issued
This program reinforces the importance of communication and cooperation in custody matters.
Can Custody Orders Be Changed?
Yes. Custody and parenting time orders can be modified when there is a significant and ongoing change in circumstances. As children grow and family situations evolve, adjustments may be necessary. Examples of changes that may justify modification include:
- A parent relocating
- Changes in work schedules
- Concerns about a child’s safety or well-being
- Shifts in the child’s needs
- Failure to follow the existing parenting plan
Taking the right legal approach to modification is important to avoid unnecessary delays or denials.
Why Work With A Phoenix Child Custody Attorney?
Custody cases involve more than just legal rules. They involve your child, your time as a parent, and your future. Mistakes in agreements or court filings can have long-term consequences. Working with an attorney can help:
- Build a parenting plan that meets court expectations
- Present a clear case focused on the child’s best interests
- Address disputes before they escalate
- Avoid costly procedural errors
- Protect your parental rights
At Cohen Family Law, we focus exclusively on family law, allowing us to guide clients through custody matters with clarity and experience.
Hear From Our Clients
“Cohen Family Law Team has been nothing but wonderful. Thank you for your guidance, quick responses and for helping through an unpleasant time in my life. Jordan was very great at responding to my questions quickly, listening and understanding my concerns and getting them through to Mitch. Mitch did an amazing job representing me, laying out all options available, respecting my decisions and never making me feel pressured. Will definitely recommend for anyone who is looking for a team that is personable, aggressive when need be and to make you a priority. Thanks again for everything.” – Lyn L.
Contact Our Phoenix Child Custody Attorney
If you are dealing with a child custody issue in Phoenix, Cohen Family Law is ready to help. We provide experienced, practical guidance for parents navigating custody disputes, parenting plans, and modifications. Contact our office today to schedule a consultation and take the next step forward.
FAQs
Do Arizona courts prefer joint custody?
Courts often start with the assumption that both parents should be involved, but the final decision depends on what is in the child’s best interests.
What happens if parents cannot agree on custody?
If parents cannot reach an agreement, the court will decide custody based on the evidence presented and the best interests standard.
Can a parenting plan be enforced?
Yes. Once approved by the court, a parenting plan becomes a binding order. Violations can lead to legal consequences.
How long does a custody case take in Arizona?
The timeline depends on the complexity of the case and whether the parents can reach an agreement. Contested cases typically take longer than negotiated resolutions.
Cohen Family Law services clients with their family law needs throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
