Sole Custody
The family court in Arizona believes that children need to have contact with both parents. The default arrangment is joint custody so the courts grant sole custody in rare circumstances. It is tempting to request sole custody of the child, but without a legitimate reason the courts rarely give one parent sole custody. If there is a history of domestic violence or some other special circumstances where sole custody would be in the best interest of the child the court may make an exception and grant sole custody.
Scottsdale Sole Custody Lawyer
The Daly Law Firm represents clients dealing divorces and child custody issues in Phoenix and Scottsdale. If you have been served with divorce papers or you are contemplating a divorce, contact the Daly Law Firm for an analysis of your case. Child custody can be one of the most contentious issues when it comes to divorce. An experienced child custody attorney can help you work out a suitable arrangement for everyone involved.
What is sole legal custody?
There are two types of custody: legal custody and physical custody.
With sole legal custody it means that one parent has the right and responsibility of make major decisions for the child such as educational, medical and religious decisions. It comes into play especially with medical and educational decisions of young children because under the law of Arizona the other parent does not have legal authority to give consent in some situations.
With sole physical custody it means that the child lives primarily with one parent. Usually the court will grant visitation to the other parent. In very extreme cases the court would not grant visitation to the other parent. In the majority of cases the child’s life would actually have to be in danger in order for visitation not to be granted.
It is possible for sole legal custody and sole physical custody to be arranged in different ways. One parent could have sole legal custody and the other parent can have sole physical custody. One parent may have both sole legal custody and sole physical custody.
Sole custody can interfere with your parental legal rights. If your spouse wants sole custody, you need to get immediate legal representation to make sure that you retain your legal rights.
Does sole legal custody affect visitation rights?
Visitation rights are not automatically limited by an award of sole custody. Sole custody allows the custodial parent (the parent with sole custody) to make final decisions over the child even if the non custodial parent (the parent without sole custody) disagrees.
It is necessary to consult an attorney if the other parent has sole custody. In most cases, the parent has both legal physical custody of the child. Your rights could be cut off so it might be harder to get visitation.
Does sole legal custody affect child support?
The non-custodial parent’s obligation to pay child support does not go away simply because the other parent has sole legal custody. Sole custody does not directly affect child support. Parenting time is a factor to consider when the court makes out the child support order. Based on the length of parenting time and the visitation schedule child support may be affected. Seek an experienced lawyer’s advice to determine how much child support needs to be paid under the new Arizona guidelines.
Daly Law Firm | Phoenix Sole Child Custody Lawyer
If you are seeking sole custody or fighting a sole custody decision, it is best to get legal advice from a local Phoenix attorney. As a Scottsdale child custody attorney, the Daly Law Firm has the knowledge and experience to help you handle your child custody arrangement. If you are going through a divorce in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call us at (480) 607-8308 for a free consultation regarding your child custody questions and concerns.