Scottsdale Child Custody Attorneys

How Do Family Courts Determine Child Custody?

Family courts are obligated to prioritize the best interests of the child during custody and visitation decisions (A.R.S. § 25-403). This means that courts cannot favor the mother or father, but must determine the best arrangement for the child’s health and needs. 

The court may consider various factors to reach a decision, including (but not limited to):

• The child’s ties to their home, school, and community.
• The child’s family ties and relationships with each parent.
• The mental and physical health of all individuals involved.
• The child’s preference, if they are “of suitable age and maturity.”
• Which parent is more likely to support the child having a healthy, ongoing relationship with the other parent, unless limiting contact is necessary to protect the child from domestic violence or abuse.
• Whether a parent tried to mislead the court, cause delays, increase legal costs, or gain an unfair advantage in custody or parenting time decisions.
• Any history of domestic violence or child abuse involving either parent.
• Whether one parent pressured, threatened, or forced the other parent into agreeing to custody or parenting time terms.
• Whether each parent has followed the required court rules and procedures related to custody and parenting responsibilities.
• Whether either parent has been convicted of falsely reporting child abuse or neglect.

Is It Possible to Modify a Child Custody Order?

Child custody orders may be modified by the court if the petitioning parent can 1.) demonstrate a substantial change in circumstances since the last hearing, and 2.) show that the proposed modification serves the child’s best interests.

Common grounds for modifications include a career change, relocation, or safety concerns. Our attorneys can help you complete the necessary forms and present compelling evidence that the proposed change supports your child’s future. 

What Is a Parenting Plan?

A parenting plan is a written agreement that outlines how parents will share legal decision-making and parenting time after a divorce. Courts require an approved parenting plan in cases involving minor children to provide structure and reduce conflict. 

Our lawyers help parents draft clear, practical parenting plans that reflect their child’s needs while complying with the law. We can address common pain points and advocate for terms that are workable, enforceable, and tailored to your family’s circumstances. 

What if My Co-Parent Refuses to Follow Our Custody Order?

Violating a child custody order can lead to serious legal consequences. If your co-parent is refusing to follow your court-ordered arrangement, we can help you gather supporting documentation and pursue legal remedies to hold them accountable, whether that means filing a motion for enforcement, makeup visitation, or a formal modification that reflects the other parent’s inability to comply. 

Can a Child Choose Which Parent to Live With in Arizona?

Not necessarily. A child cannot explicitly choose which parent to live with, but their preference may be considered if age-appropriate. In these cases, the court may take the child’s wishes into account, but only in the wider context of the “best interests of the child” standard. 

Don’t leave your child’s future to chance. Our attorneys can advocate for a custody arrangement that supports your family’s needs. Contact us online to discuss your case.