Mesa Child Custody Lawyers

Experienced Child Custody Attorneys Serving Parents in Mesa and Maricopa County

When your relationship with your child is at stake, every detail of your custody case matters.

Having our experienced Mesa child custody lawyers on your side can make a major difference in the outcome of your case, ensuring every matter is handled with diligence, insight, and care.

So whether you are going through a divorce, separating from an unmarried partner, modifying an existing parenting plan, or dealing with allegations of abuse or parental misconduct, let Gillespie, Shields & Taylor provide the legal help you’re looking for. 

Why Mesa Parents Choose Gillespie, Shields & Taylor

• Serving Arizona families since 1985
• Experience with custody and family law matters throughout Maricopa County
• Help with legal decision-making, parenting time, modifications, enforcement, relocation, emergency orders, and high-conflict custody disputes
• Free consultations available
• Mesa office located at:
  1640 S. Stapley Drive, Suite 105
  Mesa, AZ 85204

Help Understanding Child Custody Laws in Mesa

If you’re a parent concerned about child custody, our attorneys want to help you understand how Arizona’s laws and legal system will impact the relationship you have with your children, and what you can do to protect it.

To understand these laws, it’s first important to establish that the term “child custody” is not used in Arizona’s statutes.

Instead, what is commonly thought of as child custody is divided into legal decision-making and parenting time under Arizona Revised Statute § 25-401. 

Legal Decision-Making
Under Arizona law, legal decision-making refers to the authority to make major decisions for a child involving education, healthcare, religion, and personal care.

Parenting Time
Parenting time refers to the schedule that determines when the child spends time with each parent.

With Mesa child custody decisions, both legal decision-making and parenting time arrangements may be made between the two parents. In other situations, a court-ordered arrangement may be needed if the parents can’t come to an agreement.

When the courts need to make the decision for parents who can’t agree, there is no preference for mothers or fathers. Instead, what guides the court’s decision is “the best interests of the child” as found at Arizona Revised Statute § 25-403.

That means the court will consider important factors to determine how to have a custody arrangement that best serves the child’s welfare.

These factors include:

• The past, present, and potential future relationship between the parent and child
• The child’s relationship with siblings and other important individuals
• The child’s adjustment to home, school, and community
• The wishes of the child if the child is mature enough
• The mental and physical health of everyone involved
• Which parent is more likely to allow frequent and continuing contact with the other parent
• Whether domestic violence or child abuse has occurred
• Whether either parent intentionally misled the court
• Whether coercion or duress was used to obtain a parenting agreement

The Mesa child custody attorneys at Gillespie, Shields & Taylor want to help you protect your time with your children and your rights as a parent.

Let us gather evidence, prepare witnesses, organize documentation, and present a persuasive case demonstrating why your proposed parenting arrangement serves your child’s best interests.

Types of Legal Decision-Making in Arizona

Because legal decision-making determines who has authority over major decisions regarding a child’s upbringing, it is often one of the most important issues in a Mesa custody case. 

Arizona laws recognize two primary forms of legal decision-making:

Joint Legal Decision-Making
Under Arizona Revised Statute § 25-403.01, joint legal decision-making allows both parents to share responsibility for major decisions affecting the child.

When making these decisions, Maricopa courts evaluate factors such as:

• The parents’ ability to cooperate
• Whether disagreements are reasonable
• Whether a joint arrangement is logistically possible

If joint legal decision-making is desired, it’s important for parents to be able to demonstrate their ability to agree on matters, since courts often pay close attention to how parents cooperate when making decisions with joint arrangements.

Sole Legal Decision-Making
In some situations, Maricopa courts may grant one parent sole legal decision-making authority.

This may occur when:

• Domestic violence is present
• One parent struggles with substance abuse
• One parent is absent or uninvolved
• Parents cannot effectively communicate
• Joint decision-making would harm the child

However, even when one parent receives sole legal decision-making authority, the other parent may still receive parenting time unless visitation would endanger the child.

If you need help with legal decision-making authority with your Mesa child custody case, let the family law attorneys at Gillespie, Shields & Taylor provide the guidance and representation you’re looking for.

Parenting Time in Mesa Child Custody Cases

With the countless Mesa custody cases our attorneys have handled, we have found that Maricopa courts often rule in favor of arrangements that encourage substantial, frequent, meaningful, and continuing parenting time with both parents whenever appropriate.

However, equal parenting time is not guaranteed in every Mesa child custody case.

Rather, since Arizona Revised Statute § 25-403 prioritizes the child’s well-being above all else, courts focus on what arrangement best supports the child’s stability, safety, and emotional development.

As a result, parenting schedules may include:

• Equal 50/50 parenting time
• Week-on/week-off schedules
• Alternating weekends
• Primary residential parent arrangements
• Supervised parenting time
• Holiday and vacation schedules

Under Arizona Revised Statute § 25-403.02, parenting plans must include detailed provisions regarding:

• Parenting schedules
• Transportation responsibilities
• Communication methods
• Holiday schedules
• Dispute resolution procedures
• Relocation procedures

Our skilled Mesa custody lawyers can help create a practical parenting plan tailored to your family’s needs while minimizing future disputes.

Unique Factors that Impact a Mesa Child Custody Case

Our family law attorneys recognize that no two Mesa child custody cases are alike.

This can include situations that Maricopa courts take very seriously as they make decisions on parenting time and legal decision-making, such as when domestic violence, threats, or substance abuse is involved.

Domestic Violence
Domestic violence allegations significantly impact custody proceedings in Mesa. 

Under Arizona Revised Statute § 25-403.03, courts must consider evidence of domestic violence when determining legal decision-making and parenting time.

Thus, if the court finds that a parent has committed significant domestic violence or has a significant history of it, that parent cannot be awarded joint legal decision-making.

Evidence that may affect custody includes:

• Orders of protection
• Police reports
• Criminal convictions
• Witness testimony
• Medical records
• Threatening communications

Arizona courts prioritize child safety. So if domestic violence or threats of violence are involved in your case, it is critical to work with an attorney experienced in handling high-conflict custody litigation, such as our attorneys at Gillespie, Shields & Taylor.

Substance Abuse
Drug or alcohol abuse can also heavily influence child custody decisions.

Under Arizona Revised Statute § 25-403.04, the court may presume that awarding legal decision-making authority to a parent who abused drugs or alcohol is not in the child’s best interests under certain circumstances.

Evidence that may be used in these cases includes:

• DUI convictions
• Failed drug tests
• Rehabilitation records
• Witness testimony
• Social media evidence
• Criminal history

Depending on what they find, Maricopa courts may order supervised visitation, drug testing, counseling, or treatment programs before expanding parenting rights.

If your Mesa child custody case involves violence or substance abuse, our experienced attorneys at Gillespie, Shields & Taylor know how to handle these matters.

Child Custody for Unmarried Parents in Mesa 

Mesa parents are often surprised to learn that unmarried fathers do not automatically have enforceable custody rights unless paternity is legally established. 

Paternity may be established through voluntary acknowledgment, a court order, or via genetic testing. Once paternity is established, either parent may seek parenting time and legal decision-making orders through the Arizona family court system.

Our Mesa child custody attorneys can help unmarried parents establish enforceable custody arrangements that protect both the child and parental rights.

Modifying Mesa Child Custody Orders

Because circumstances change in life, child custody orders are not always permanent. As a result, Arizona law allows modifications under certain conditions.

Under Arizona Revised Statute § 25-411, a parent seeking modification generally must show a substantial and continuing change in circumstances affecting the child’s welfare.

Examples may include:

• Relocation
• Substance abuse issues
• Domestic violence
• Significant schedule changes
• Child neglect
• Interference with parenting time
• Changes in the child’s needs

The above Arizona statute also places timing restrictions on modification requests in many situations. 

Thus, you cannot request to modify a legal decision-making or parenting time decree for one year after it was entered, unless you are seeking permission to relocate out-of-state or if other exceptions apply, such as child endangerment, domestic violence, abuse, or other circumstances recognized under Arizona law.

However, there are exceptions to this restriction, such as if there is a demonstrated threat of severe danger to the child’s health, or if the parents share joint custody and there is evidence of non-compliance or domestic/child abuse.

It’s important to note that modification proceedings can become highly contested, especially when one parent believes the other is attempting to reduce parenting rights unfairly.

If you need trustworthy legal representation with these matters, let our Mesa child custody lawyers help you understand your options and take the next step.

When Mesa Child Custody Cases Involve Relocation 

Relocation disputes are among the most difficult custody matters in Arizona family law.

Under Arizona Revised Statute § 25-408, a parent generally must provide advance written notice before relocating a child outside Arizona or more than 100 miles within Arizona.

Relocation cases often involve disputes about:

• School quality
• Family support systems
• Employment opportunities
• Parenting time disruptions
• Travel logistics
• The child’s emotional stability

Courts analyze whether the proposed move serves the child’s best interests, not merely the parent’s preferences.

If you are considering relocation or opposing a move-away request, it’s important to speak with our Mesa child custody lawyers as early as possible to help you avoid problems and preserve your relationship with your child.

Emergency Child Custody Orders

As our attorneys have established, Arizona law puts the child’s well-being above all else. As a result, there are some situations that require immediate court intervention.

Arizona courts may issue emergency temporary orders when a child faces immediate danger involving:

• Abuse
• Neglect
• Abandonment
• Kidnapping threats
• Substance abuse
• Domestic violence

While the court investigates the allegations, emergency orders may cause temporary changes to parenting time or legal decision-making authority.

These hearings move quickly, making immediate legal representation extremely important. Our Mesa child custody lawyers are ready to get started on matters involving emergency orders.

Enforcement of Custody and Parenting Orders

Unfortunately, some parents violate court orders involving parenting time or legal decision-making.

If this is what you’re facing, our Mesa child custody attorneys know how to handle these matters and what to expect.

Common violations of court orders include:

• Denying visitation
• Repeated late exchanges
• Interfering with communication
• Refusing to follow parenting plans
• Making unilateral major decisions
• Relocating without permission

While this violation list is not exhaustive, our attorneys have found these to be the most common.

If you’re facing a situation involving a violation of court-ordered custody arrangements, our Mesa attorneys want you to know how we can help.

With our representation, we can ask the court to consider remedies including:

• Makeup parenting time
• Contempt findings
• Monetary sanctions
• Attorney’s fees
• Custody modifications

Let our Mesa child custody lawyers help enforce your court orders while documenting violations effectively for future proceedings.