Who Has Custody of Children When a Divorce is Filed in Arizona
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Many people want to know who has custody of children when a divorce is filed in Arizona. Both parents have the right to the care, custody, and control of their children when a divorce is filed. The court has the authority to issue orders establishing which (or both) parents have the right to make medical, educational and other decisions for the children. The judge also has the authority to order a parenting time order.
Simply stated, both parents are entitled to the care, custody, and control of their children until a judge orders a particular child custody and parenting schedule. Until then, there are no written rules regarding the children. This presents the potential for creating a situation wherein one or both parents unilaterally keep the children from the other parent.
That type of conduct, however, is viewed unfavorably by most judges. It may even provide the judge with a reason to make the innocent parent the children’s primary residential parent. Unless you and your spouse can reach agreements on your own, it is important for you to file a Motion for a Temporary Orders Hearing. This motion should be filed as soon as possible to avoid conflict between the parents, which many times negatively affect the children.
There are times when a spouse may have a question as to whether he is the biological father of a child born during the marriage. These are challenging and important concerns. Since you are married, the law automatically presumes you to be the father of the child with all of the rights and responsibilities that come with that status. If you do not address this issue as the first issue to be addressed, you may be precluded from doing so at a later date.
The Arizona Court of Appeals in the case of Pettit v. Pettit ruled that a parent cannot contest parentage or seek to attack his paternity of a child after a divorce decree has been entered. It is interesting that it does not appear from the decision that the father argued the mother committed a fraud on the court, which may have been a basis to overturn that divorce decree.
If you have questions about who has custody over children when a divorce is filed in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.
Arizona Family Law Attorneys in Scottsdale and Tucson Arizona
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Chris Hildebrand wrote the information on this page about who has custody of children when a divorce is filed in Arizona to ensure everyone has access to information about divorce and child custody laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.