Bold labels are required.
When it comes to divorce issues involving children, we employ mediation when possible. Why? Because custody determines how major decisions are made for the child — where he or she will go to school, which doctor the child will see, what course of medical treatment will be used. It deserves thoughtful discussion from both spouses to do what is in the best interest of the child.
Sole and Joint Custody
There are two forms of custody:
- Sole custody: One parent is awarded 100 percent of parenting time and has the right to make major parenting decisions without the other parent's consent.
- Joint custody: A parent who is awarded joint custody is usually required to make major parenting decisions jointly in cooperation with the other parent. Joint custody does not necessarily mean that each parent spends an equal amount of time with the child.
Arizona law requires that judges consider many factors, as outlined in our FAQs section.
Unfit Parent
Serious parental fitness issues may call for a child custody evaluator, who may require psychological testing, may interview doctors, teachers, child care providers, family members and witnesses and may review police reports, medical records and school records. There are private evaluators and court-appointed evaluators.
Please note: As your attorney, it is our job to tell you if, in our professional view, you are acting like an unfit parent. Divorce can zap everything out of you, but if an evaluator sees you as a parent who is so depressed that you cannot get out of bed (and therefore not get the kids to school, activities or friends' houses), this could have a serious impact on your future and your relationship with your child. We will not let you jeopardize your future as a parent.
Parenting Time
We now call visitation "parenting time." This is the noncustodial parent's right to spend time with a child.
Grandparent visitation is increasingly becoming a legalized part of a final divorce decree. The emotional investment in a grandchild is great. This area can be tricky, but should not be overlooked.
Let us be the positive, compassionate and fully focused counsel you need to get you through your family law matter or challenge. With an office the Ahwatukee Foothills, we serve Phoenix and Maricopa County families with skill and empathy. Call The Law Firm of Michael J. Shew, Ltd., at 888-866-8523 or contact us online.
