Arizona Child Custody and Child Support Attorney

Shick Law Offices, L.L.C. provides comprehensive child custody, parenting time and child support representation.  We know that these issues often lead to emotional disputes during which both parents can forget what is best for the children.  Shick Law Offices, L.L.C. identifies the variety of issues that may impact the children’s well-being and will help guide and assist you through this tough period in time.

Child custody is determined considering the factors set forth in Arizona Revised Statutes §25-403. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS

The first thing to understand about child custody and parenting time in Arizona is that the Court will enter custody and parenting time orders considering the “best interests” of the children. The law presumes that a stable and significant relationship with both parents is in every child's best interests, but it also recognizes that not every parent is capable of acting effectively.  Of particular concern in child custody cases is drug use by parents: There is a rebuttable presumption in Arizona that sole or joint custody by a parent who has been convicted of a drug offense is not in the best interest of the child.  Domestic violence in the home is another significant consideration.  Whether you have concerns about the safety of your children while in the care of the other parent, or you require assistance in presenting your own parental fitness, we are prepared to help you.  If you require counseling or treatment to overcome personal challenges or face allegations of abuse by your spouse, we can direct you to the resources necessary to meet your situation.  

In order to safeguard the "best interests" of children involved in custody disputes, courts will evaluate a variety of factors, including the child's existing relationship with each parent; the parent who is most likely to allow frequent and meaningful contact with the other parent; the mental and physical health of each parent; the child’s adjustment to home, school and community; and parental drug offenses and criminal history.  Depending on the age and maturity of the child, their wishes can be factored in as well.

There are two custody designations in Arizona:  “Joint legal custody” and “sole legal custody”.  Custody designations only define the parents’ ability to participate in major decision-making concerning the children (including medical, academic and religious issues), not the amount of time each parent spends with the children.  A “joint legal custody” designation requires that parents jointly participate in making major decision.  A “sole legal custody” designation requires that one of the parties be responsible for major decision-making.  Courts presume that the equal participation of both parents is in the child's "best interest".  As such, it is important that you distinguish your feelings of anger or frustration with your spouse from his or her ability to effectively and equally participate in decision-making.   

A "parenting plan" is a document that governs the procedure in which the parties enter decisions regarding children and includes a parenting time schedule. The "parenting plan" specifies the time each parent spends with the children, including overnights, weekends, holidays and vacations.  If developed and agreed to by both parents, it must be approved by the Court.  If the parents cannot agree, the schedule will be established by the Court.  Arizona Model Parenting Time Plans offer parenting time plans a judge may consider in your case. http://www.supreme.state.az.us/dr/text/modelptplans.htm

Under Arizona law, all other financial obligations are secondary to the obligation to pay child support.  Arizona’s Child Support Guidelines found at: http://www.azcourts.gov/familylaw/2011_CALC.aspx define the factors and method for the calculation of child support.  The Guidelines consideration the gross income of each of the parents and does not include the income of a new spouse.  Generally, the Guidelines determine income based upon a 40-hour workweek and not overtime.  However, if a party has an established history of earning significant overtime, the overtime income may be considered for child support purposes.  Other factors in determining child support are day care expenses, health insurance, whether children are older than 12, the visitation that each parent has with the child, and any special needs costs.

Unlike child custody and visitation questions, child support is a fairly inflexible obligation that divorcing parents can expect to continue until the youngest child turns 18, or graduates from high school.  Child support is for the benefit of the child(ren) and cannot be waived by the parents.  

If you or your loved one is having difficulty with unpaid child support, our office can help you with the legal procedures necessary to enforce your award, collect past due child support, and/or ensure that future child support is collected promptly.  Child custody and support orders should be revisited to account for new circumstances such as the birth of another child or changing financial circumstances.  Similarly, if you are still paying child support for a child who is an adult, call our office to discuss what we can do to assist you.  Shick Law Offices, L.L.C. has assisted Arizona families in reviewing, negotiating, or litigating post judgment issues.

If you have questions please don't hesitate to contact Jennifer Shick and The Shick Law Offices today for a free initial consultation.  We're here to help!