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Compassionate Child Custody Attorney in Northern Arizona

If you have a child, the U.S. Constitution protects you as a parent. As such, you have rights to custody of a minor child, and these rights cannot be hindered unless it's necessary for the child's welfare and safety. In fact, both parents have rights to custody, and that's why child custody issues can be some of the most emotional legal issues anyone goes through.

At The Law Offices of Shawn B. Hamp, our family law attorneys understand this. We are empathetic and take measures to safeguard your rights and interests. Contact us today if you seek custody of your child or are contemplating divorce and child custody will be a component of the divorce. 

What is Child Custody in Arizona?

Child custody isn't just about who has the child when. There are three main parts to child custody today, and if you seek custody, you need to know what these three parts are.

  1. Legal Decision-Making. Legal decision-making refers to a parent's right and responsibility to make non-emergency legal decisions about and for their child. According to A.R.S. § 25-401(3), there are four components of legal decision-making: 
  • education
  • health care
  • religion
  • personal care.
  • Parenting Time. Parenting time, according to A.R.S. § 25-401(5), refers to the parent's access to the child. It is the specific time each parent will have the child, including specific days, holidays, and school vacation days. While the child is with the parent, that respective parent is responsible for things like shelter, food, and clothing.

  • Parenting Plan. A parenting plan incorporates the above two parts of child custody into one plan. Terms and conditions are laid out. Each plan reflects what is in the child's best interests, not the parents' best interests. It is ideal that parents create the plan together and submit it to the court for approval. In cases where the parents cannot finalize a plan, each will submit their own and the judge will determine the final plan. According to A.R.S. § 25-403.02, parenting plans should include the following at a minimum:
    • A designation of the legal decision-making as joint or sole;
    • Each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care, and religious training;
    • a schedule of parenting time for the child, including holidays and school vacations;
    • a procedure for the exchanges of the child, including location and responsibility for transportation;
    • a procedure by which proposed changes, relocation of where a child resides with either parent, disputes and alleged breaches may be mediated or resolved;
    • a procedure for periodic review of the plan's terms by the parents;
    • a procedure for communicating with each other about the child, including methods and frequency.

    Who Can Get Custody of a Child in Arizona?

    Both parents so long as they are not deemed unfit have a right to some degree of custody or visitation. In some cases, where both parents are deemed unfit, a grandparent or another close relative could request and obtain custody. 

    Contact Child Custody Attorneys in Northern Arizona Today

    If you seek custody of your child – whether through a divorce process or not – contact us at The Law Offices of Shawn B. Hamp. We can help make sure forms are completed, paternity is established (if not married), and develop a parenting plan that is practical and in the best interest of the child while also making sure your interests are upheld. Contact us online or call us at 928-753-6868 to schedule a consultation.

    Contact Us Today

    If you have been arrested or charged with a crime, you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case.