We understand that divorces involving dependent children are like no other in society. Sometimes child custody issues are no problem with one parent, while other times child custody is a very emotional and contentious settlement. This also creates a problem for the court when determining the proper disposition for the minor children because children normally do not have personal lawyers in a divorce proceeding, even though their lives are being impacted potentially more so than their parents. The court systems nationwide have settled on several different types of custody arrangements by assigning specific terminology to legal custody arrangements. In fact, many states have abandoned traditional custody assignments in child custody cases when the parents can arrive at an agreement on a requested or predetermined “parenting plan” for child stability. However, even when a feasible parenting program has been worked out with the assistance of your Phoenix divorce attorney, the state will still opt for one of these types of child custody assignments in addition to the parenting agreement.
Physical custody essentially means that a particular parent has the right to have their child with them on a regular basis. In most cases, one parent is made the primary custodial parent while the other parent has visitation rights set forth by the court or by a divorce decree agreement. Assignment of physical custody does not necessarily mean that the other parent does not still have legal visitation rights when the designated visitation time period is in force. Physical custody is not always exclusive to the assigned parent, and restriction requests on visitation must be supported with evidence in a hearing.
Most states utilize some form of legal custody when assigning parental obligations, and many times both parents have legal custody of some type. This dual assignment of legal custody is generally a combination of joint and legal custody. Your Phoenix divorce attorney can ensure that with legal custody you have a valid right of input concerning decisions about your child with respect to their welfare. Legal custody can also include a child living in a different household with the consent of the parent who is assigned primary legal custody. Legal custody arrangements do not necessarily mandate physical custody when an agreement can be reached that is for the good of the child.
Sole custody of a child means exactly what it says. The parent holding sole custody rights has absolute say over all aspects of the welfare of their children, and the other parent must abide by the wishes of the sole custodial parent. While this is rare in some states, it is not so rare in Arizona. Your Phoenix divorce attorney can recognize when the court will be willing to assign a sole custody order to one particular parent, especially concerning cases of domestic or child abuse. Criminal convictions for one parent can also be justification for sole custody until the convicted parent can demonstrate in court that they do not pose a threat to their children. Sole custody can be difficult to win in contemporary courts, but an experienced and effective Phoenix divorce attorney will be able to identify the right situations and craft a cogent argument for court presentation.
Joint custody can present more problems over disposition of the children than any other because both parents have equivalent legal rights concerning all aspects of the life of a minor child or multiple children. Joint custody comes is three basic forms, and it often does not work well when the parents live in distant locations. When both parents live in the same area and logistics can be easily complied with, then it can be a very effective custodial arrangement for children who have a good relationship with both parents and the parents exercise consistent judgement and concern for the well-being of their children. Amiable custodial arrangements always work best. But, there are commonly problems involving the ongoing relationships of the divorced parents for various reasons, and emotions can still run high when children or other spouses are involved.
Types of Joint Custody
Joint custody arrangements can be categorized in terminology subsets. Joint legal and joint physical custody can also be a component of a divorce agreement, which can also create contentious legal rights issues in certain situations. Both custodial assignments can be decreed by the court in certain custodial arrangements as well, so cases can get complicated. That is where your Phoenix divorce attorney can realize what action the court may take and advise on the proper conflict resolution. These problems often occur when the parents live in different regions of the nation, and the children spend a significant amount of time with each parent in an ongoing living situation. Joint physical custody can work well in close locations, but family dynamics can change quickly, and cooperation by the parents is not always easily achieved. In addition, the children will essentially have two homes at least and will be shuffled regularly. There are many pros and cons for joint custodial arrangements, and your Phoenix divorce attorney can help with advice that also lessens the stress on the entire family, and especially minor children.
Contact a Phoenix Divorce Attorney
Anyone filing for divorce in Arizona and is experiencing a custodial conflict concerning their children should contact the Law Offices of Janice M. Palmer PC in Phoenix at (480) 820-4771 or toll-free at (888) 352-7725 and let them evaluate your child custody arrangement case.