Child custody is probably the most sensitive and emotionally-charged issue associated with divorce. In fact, because spouses can become so blinded by anger and fear over possibly losing on this issue, no aspect of divorce or separation requires more delicate attention and skill from an experienced child custody lawyer than the issue of determining custodial rights.
Your Child's Best Interests Come First
At the Law Offices of Wendy Raquel Hernandez, P.C., we know the damage that can be done to children as the result of a child custody fight. We also know from experience that no one wins — not the mother, not the father, and least of all not the children, when this issue has to be decided in court. Because of this, we never lose sight of what it really means to protect the best interests of the children in our divorce practice.
In many cases, we can guide clients through amicable custody negotiations or through mediation to obtain a fair resolution that everyone can be satisfied with and through this process, the emotional trauma endured by the children can be minimized.
Arizona Child Custody Laws and Standards
The court's guiding standard in child custody-related cases is what custody arrangement is in the "best interest of the child." Though there are many factors that judges will consider, the two most important involve answering the questions of:
- Which parent has been the primary caregiver to the children?
- Which parent is most likely to allow frequent and meaningful contact with the non-custodial parent?
How those questions are answered often will determine how the case is decided.
However, judges' decisions can be unpredictable. Because of this, wherever it is possible and appropriate to do so, Our Phoenix child custody attorneys help our clients to find common ground with their former spouses and to resolve these issues without having to go to court. This is not only far better for the children, but it also saves each parent a great deal of time, turmoil and expense.
Joint Custody, Sole Custody and Parenting Time
Questions about the different types of custody often arise when parents come to our family law firm. Many people mistakenly believe that custody and parenting time are one and the same. There is also a common misconception that joint custody means equal 50-50 parenting time. We help clients understand Arizona child custody:
- Joint custody: When parents have joint custody, they must make important decisions affecting the child together, such as medical decisions, religious upbringing and education. This is often referred to as legal custody.
- Sole custody: When a parent is awarded sole custody, he or she has the responsibility of making important decisions affecting the child and is not required to obtain the other parent's approval.
- Parenting time: Parenting time refers to the amount to physical time each parent spends with the child. Frequently, one parent is named the primary custodian, and the child resides primarily with this parent. The facts of the case will determine the amount of parenting time/visitation exercised by the other parent. When resolved outside of court, parenting time schedules can be made to be as flexible and creative as necessary to meet the needs of those involved.
In addition to addressing child custody disputes in the context of divorce or separation, our Phoenix child support attorneys are equipped to handle matters involving:
- Custodial parental relocation
- Custody issues for same-sex parents or unmarried parents
- Child support
- Post-divorce modification, including child support modifications
- Mandatory parent education class enrollment
Taking the Next Step
If you would like to speak with attorney Wendy Raquel Hernandez about divorce and your child custody options — call us at 602.903.6746 or contact us directly at our Phoenix, Arizona, law offices today. We accept all major credit cards.
