Child Custody in Chandler, AZ

If you live in Chandler, the chances are good that you regularly see child custody cases in the news.

In 2019, a local couple maintained parental rights after refusing to take their two-year-old to the hospital. More recently, ProPublica reported that welfare investigations threaten local African American families.

You deserve legal representation regardless of who threatens to take time with your child away. Even if you do not have significant disagreements during a divorce, you could agree to less-favorable terms without knowing it. Reading this article today will allow you to understand the process, the law, and how an attorney can assist you.

What Is Child Custody?

Parents that separate or divorce must determine how their children will divide their time between them. Child custody encompasses the right of one or both parents to provide and exercise parental authority. In Chandler, AZ, not all child custody disputes end up in court. But when they do, judges make decisions based on what they believe is in the child’s best interests.

Types of Child Custody Arrangements in Chandler, Arizona

In general, three custody arrangements are available: full, sole, and joint custody.

The Maricopa County Superior Court in Mesa handles family law cases for Chandler residents. But it is best to confirm with your attorney as to who will adjudicate.

What Is Full Custody?

When a parent has full custody, they receive most of the parenting time. This parent also has the authority to decide what happens during the child’s upbringing. Healthcare, education, and religion are all under their purview. As a result, the court refers to this person as the primary custodial parent.

To obtain full custody, a parent from Chandler must prove it is in the child’s best interest to be with them. Additionally, the other parent should be unable to provide care or have a history of neglect, abuse, or substance abuse.

The court will examine several factors mandated by Arizona law, such as the following:

• The child’s relationship with each parent

• The stability of each parent’s home environment

• Each parent’s ability to meet the child’s physical and emotional needs

• The child’s wishes, if they are mature enough to express them

When one parent has full custody, the other parent still has the opportunity to maintain a relationship. This arrangement can take the form of visitation time on weekends or holidays.

In some cases, the parent with full custody may also share joint custody with their partner. They may agree to this setup if it is to the benefit of the children.

What Is Sole Custody?

Many people group full custody and sole custody together. But it’s important to recognize that some parents may not receive parenting time or rights. For example, if one party is unfit to provide care, the court can award sole custody to the other. This decision makes the custodial parent solely responsible for the child’s needs and upbringing.

In severe cases, the court may terminate a parent’s rights. This order can occur if the parent is guilty of certain crimes that endanger the child.

It’s important to understand that terminating parental rights is a significant action. Before taking such a measure, the court will typically consider other options. For instance, they could order monitoring visitation or counseling. The court will only end parental rights if they determine it’s necessary to protect the child’s best interests.

What Is Joint Custody?

Joint custody refers to an arrangement where parents share physical custody. Equal custody agreements mean the child may spend equal time with each parent, such as alternating weeks or days.

Some families in Chandler, Arizona practice a form of joint custody known as “nesting.” Both parents move in and out of the family home when it is their turn. In this scenario, the child remains in the house, and the parents come to them.

Parents in Chandler must demonstrate a willingness to cooperate and meet their child’s needs. Arizona Revised Statutes also mandate that the judge looks at the following factors:

• Agreement (or lack of) among the parents
• Whether or not a lack of consensus is understandable
• The historical ability of the parents to agree and act accordingly
• Whether or not the joint agreement is logistically possible

In joint custody arrangements, one parent may have responsibility for making decisions about the child’s well-being. Additionally, joint custody does not necessarily mean an equal division of time. Often, one parent retains primary custody and has more of the total parenting time, such as in a 60/40 split.

The Factors Courts Consider When Making a Decision

In Chandler, Arizona, full custody is usually granted when one parent is unable to contribute. For instance, if one parent becomes incarcerated or is financially unstable. In circumstances like these, the court may award full or sole custody to the other parent.

In contrast, joint custody is when parents share the responsibilities of raising a healthy and happy child. Both parents must work together to maintain open communication and follow the court’s directions. However, sometimes parents do not work well together, and the court may be more likely to award one parent the majority of the time.

In joint custody cases in Chandler, parents coordinate their resources and activities to support the child. The custody arrangements can vary. But there may be a supervised custody arrangement for one parent. Alternatively, there could be a public meeting place to pick up and drop off the child.

The Basics of the Child Custody Process 

In Chandler, Arizona, custody arrangements go through a family court. Nonetheless, this is not always the situation.

Retaining a child custody lawyer can be beneficial, even if you don’t have problems with the other parent. A legal professional can assist in navigating the complex issues involved in a custody battle.

Mediation can be court-ordered or voluntary in Chandler. Both parents will meet with a mediator to express their concerns and preferences. Then, the mediator will facilitate a conversation and help the parents reach a solution. If an agreement happens, it will go to the court for approval. If the parents cannot agree, the case will proceed to a court hearing.

Hiring a custody lawyer in Chandler can help mediate the best arrangement for your child. An experienced custody lawyer can also provide legal advice to help you understand your rights as a parent. You may even arrive at a custody agreement that works well for both parties without a court order.

Work With an Experienced Chandler, Arizona Child Custody Lawyer 

Going through a child custody battle is often a challenging and frustrating experience. A specialized attorney in Chandler can provide guidance and support through this tough time. If you need to know your rights, they can provide valuable counsel and suggest the next steps.

The attorneys in our network can handle even the most complex cases. Connect with someone in your area today. We can even help you connect with an attorney across Arizona state lines.

Send us a request online or call us today at (866) 345-6784 to get in touch!