Child CustodyThe Law Offices of Scott David Stewart
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Child custody is one of the most contentious areas of family law. The court will evaluate the role of each parent in a child’s life to determine where the best interests of the child lie. In the course of a divorce, it’s not uncommon for one or both spouses to try to discredit the other side in an attempt to persuade the court to decide custody in their favor. At the Law Offices of Scott David Stewart we provide financial, personal, and psychological reasons in support of our clients’ request for custody. We avoid bitter, counter-productive practices that only inflame the situation and often backfire when a judge discovers their intended purpose. We argue your case on the basis of facts and what is in the best interests of your children.
For more information regarding our practice, contact Phoenix child custody lawyer Scott David Stewart today. Our office represents clients throughout Maricopa County, Arizona, including Glendale, Anthem, Scottsdale, Chandler, Mesa, Litchfield Park, Sun City, and El Mirage.
Understanding Custody: The Basics
In the state of Arizona, there are essentially two different kinds of custody:
- Legal Custody: A parent awarded legal custody has decision making authority regarding medical, educational, and religious matters impacting a child.
- Physical Custody: A parent may be awarded temporary or sole physical custody but be barred from making decisions only a parent with legal custody can make.
Depending on the parenting plan agreed to during negotiations or at trial, parents may share both physical custody and legal custody. Likewise, you may be awarded both legal and physical custody – it all depends on the specifics of your case. Additionally, sole custody or joint custody can be effected by whether the children involved are infants, toddlers, or teenagers.
What Determines Custody?
If your custody case heads to trial, the court will consider each parent’s financial situation, emotional involvement with the child, future prospects, and even the presence or absence of a criminal record. And, while financial matters are considered, they do not ultimately determine who is awarded custody. Whether you are the sole bread winner or don’t work at all will not determine whether you receive custody of your children.
Avoiding Costly, Lengthy Litigation
As a child custody attorney, Scott David Stewart attempts to resolve matters through negotiation when possible. Negotiation can not only save you time and money; it also allows you to exercise greater control over the outcome of your custody case. You may agree to a custody arrangement involving split weeks, every other week, or weekends – whatever works best for all involved. While you may have to compromise on some issues, negotiation enables you and your spouse to determine the terms of your custody plan without having them imposed by a judge.
To discuss your case and evaluate the legal options available to you, contact Phoenix child custody attorney Scott David Stewart today.