In cases of separation or divorce that involve custody of minor children, significant decisions must be made about where children will live and how parenting time will be shared. Most people assume that resolving these custody issues requires an appearance before a judge.
You can avoid the time and stress involved in court appearances by consulting an experienced family law attorney. The right counsel can facilitate a workable parenting plan without going to court.
Custody: Two Categories and Their Implications
The best interests of the child is the primary factor driving custody in Arizona’s family courts. Custody of minor children in Arizona is divided into two categories:
- Legal decision-making is awarded to a parent, making them responsible for major decisions about the child’s education, healthcare, and religious upbringing.
- Parenting time is Arizona’s term for the schedule of physical custody that is shared by both parents.
Alternatives to Courtroom Litigation
Decisions about child custody and other family law matters in Arizona can be reached by litigation or through the following structured alternatives:
- Negotiated settlement. Using direct negotiation, a family law attorney or mediator can help the parents work toward a mutually acceptable parenting plan. When both parties agree, the plan is submitted to the court for a judge’s approval without a contested hearing, a significantly faster and less costly process.
- Mediation. Arizona courts may require mediation before scheduling a contested custody hearing. During this process a neutral third party helps identify common ground and work toward compromise. Mediation often produces more durable agreements through the direct involvement of both parties. A family law attorney remains a valuable counselor with a role in reviewing any agreement before it is signed.
- Collaborative law. Collaborative law is a process that both parties commit to by signing a contract. It is aimed at resolving a dispute with the help of specially trained attorneys and without litigation. Neutral professionals in the fields of finance and mental health may act as consultants.
How a Family Law Attorney Contributes to a Lasting Agreement
It is possible for parents to reach an agreement on a parenting plan without consulting attorneys, but there are risks to this approach. An attorney has knowledge of the specific items a parenting plan must address, including holiday custody, transportation for the children involved, communications, procedures for handling future disputes, and other specific components. If any necessary elements are missing, court approval can be delayed and the unaddressed areas can lead to future conflict.
A vague parenting plan or one that is inconsistent with Arizona statutes may not hold up if it is later challenged or if one party seeks modification. A family law attorney helps to ensure that agreements are enforceable and complete. A strong and comprehensive initial agreement is a sound foundation for future modification.
In addition, an attorney can foresee legal issues that may be relevant in the future, including relocation restrictions, passport controls, or provisions related to a parent’s work schedule. If addressed proactively these issues will not present major obstacles in the future.
When a Family Court Hearing is Necessary
Going to court can be a necessary part of custody disputes. If parents are unable to reach an agreement, or when domestic violence or substance abuse is a factor, litigation can be unavoidable. Under state law, both parents have custody unless serious issues require a court’s intervention to rescind custody. Under any of these circumstances, having an attorney is critical.
Early Legal Guidance Is Invaluable
By consulting Webster Family Law early in the process, Arizona parents gain a clearer picture of their rights, obligations, and the range of potential outcomes. Whether the path taken is mediation, negotiation, collaborative law, or litigation, an experienced attorney can help navigate it with the child’s best interest and the family’s stability in mind. Call for a consultation today.