Winning The Custody Battle In Arizona Takes Much More Than Love
When parents decide to divorce, they have a lot of decisions ahead. It’s not just who will get the house or what type of property division is fair; it also comes down to how much time each parent gets with their children and making sure that both sides have input on important parenting concerns like where the child goes to school or if they should receive any medical treatments. One issue many people don’t think about when going through this process is custody battles over their kids. Most couples don’t want to give up time with their kids, so they fight for joint care arrangements and as well as having input in major decisions like where the child goes to school or which medical treatments he/she receives.
While there are some myths out there about how to win the custody battle in Arizona, there are some things you need to be aware of.
In order for the court to decide on a child’s best interest, they will consider many factors that fall within three major categories:
- The wishes and desires of the parents
- The age and gender of your children
- The physical and mental health conditions of all involved parties.
Judges also take into consideration what is likely going to work both socially (taking into account where one parent lives) as well as financially when deciding who should have custody over their kids. In cases like this it can be difficult for judges because essentially no matter which party wins, someone isn’t happy with the outcome so these types of battles go on for years.
Some people think that if you don’t get along with your ex-spouse it’s easy to win the custody battle in Arizona, but this isn’t true at all. Judges take into account a lot more than just how much time both parents spend together and who has what type of personality; they also consider things like financial stability and mental illness when deciding on child custody arrangements, which can be tough because even though one parent might have plenty of money or doesn’t suffer from any mental health issues, the other may not.
What Is Considered An Unfit Parent In Arizona?
When deciding on custody arrangements, judges will also consider if there is any evidence that one or both parents are unfit. Unfit doesn’t just mean criminally abusive; it can apply to anyone who may not be able to provide a safe and stable environment for the child in question without supervision from outside parties such as family members or government agencies. This means that even someone with no criminal record could be labeled an “unfit parent” based on things like their finances, mental health condition, alcohol use/drug addiction, etc.
Arizona’s Criteria For Determining If A Parent Is Unfit
When evaluating a parent, custody evaluators take into account a variety of factors. These are the most basic considerations:
- Involvement in the child care system
What was the parent’s role in the child’s care?
- Safeguarding the child with a parent
(e.g., driving drunk with a child in the car, taking the child to unsafe areas, etc.)?
- Attitude of child towards parent
When interacting with his or her parents, does the child feel comfortable? Afraid, frustrated or unresponsive, is the child around you when you are around?
- Relationship between a parent and an ex-partner
How amicable and rational is the parent in question in relation to their former partner(s)? Is it possible that they cannot resolve their conflict?
- Limits that are age-appropriate
Is it possible that the parent exposed the child to inappropriate actions or material?
- Personal and social functioning
Is the parent emotionally capable of raising the child in their own home? Does the parent have social issues that may be detrimental to the child? (Things like refusing to speak to neighbors, being in conflict with family, and so on.)
- Mental capacity
Does the parent have any mental or psychiatric condition that would prevent them from raising the child well?
- Substance abuse
Does the parent have a history of abusing alcohol or drugs?
- Domestic violence
Has the parent physically or emotionally abused someone in the household? Did the child witness this abuse?
- Child abuse or neglect
Has the parent physically or emotionally abused the child? Were their cases of child neglect involving the parent?
This is why it’s so important to prepare yourself as best as possible by learning about these different factors before going up against another party in court over this issue. It will help ensure that you can make the best case possible and get as much time with your kids as you want.
Are You Looking for a Family Law Attorney You Can Trust?
The decision of child custody is one that needs to be made with careful consideration. One might think it’s a simple matter, but there are many responsibilities and decisions involved in the process. The courts will want to know who has cared for your children most often; how much time you spend together as parents each week; if either parent abuses drugs or alcohol excessively (or have done so in the past); where would your kids live best – near their other family members? The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer all of your questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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