Phoenix Divorce Attorney and Child Custody, Scott David Stewart
602-548-3400
Contact Our Firm:   480-813-4800
623-561-8200
AZ Family Law, Divorce, and Child Custody
 

Custody FAQ


Are legal custody and physical custody the same thing?

 

No, they are not the same and here is the difference between the two. The parent who is awarded legal custody has the right to make important decisions about the child's upbringing, including religiou...


Can a father get child custody in Arizona?

 

Yes.  Times have indeed changed, and for the better. Today, fathers are more likely to succeed in getting custody of their children than ever before. More divorced parents enjoy joint custody arrang...


Can I get child custody and support during the divorce process?

 

You can file a motion with the court seeking temporary orders that provide for the custody and support of a child before any trial is even scheduled, that is to say during or even before the divorce p...


Can I get full custody of my child?

 

Yes, if sole legal custody is appropriate.  In Arizona, there is no legal presumption favoring one parent over the other.  Meaning that the Court starts with the presumption that parents should hav...


Can I get help with an Arizona Parenting Plan?

 

Yes, in a high-conflict case there is a parenting coordinator to help you. Parents are required to implement a parenting plan, but sometimes their level of conflict is so intense and persistent that t...


Can I leave Arizona and take my child with me?

 

When removing your child from the state violates the custody order, yes there is a problem with that. Parental kidnapping occurs when one parent violates the custody order and seizes the child -- ille...


Can I relocate my child to another state?

 

Yes, it is possible. A.R.S. § 25-408 requires that you seek the Arizona co...


Can I stop my spouse from telling my child bad things about me?

 

Yes.  Parental alienation occurs when a parent negatively influences the child toward the other parent. Child custody evaluators are trained to identify parental alienation as the negative manipulati...


Can we make our own custody agreement?

 

Yes. Parents who are able to compromise on their custody arrangements, without turning the decision-making over to the judge, are strongly encouraged to do so. So long as your agreement is in the best...


Do I need to take a Parent Information Course?

 

The parent information course is mandatory in all cases in which the court is asked to determine matters of child custody, visitation, and child support. Furthermore, the court has discretion to order...


Does my child decide which parent to live with?

 

No, your child does not have the right to decide which parent shall have custody. However, the child's wishes may be considered by the court at any stage in the proceedings. The assigned judge does ha...


How do I prepare my children for divorce?

 

Divorce can profoundly affect a child's emotional development, so preparing the child for divorce is an important parenting issue. The child's emotional well-being during and after the dissolution dep...


I recently moved to Arizona, can I file my child custody case here?

 

Maybe. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) specifically addresses Arizona's jurisdiction over your child. Our Superior Courts can exercise jurisdiction when:


Is an informal child custody agreement sufficient?

 

No, it really isn't sufficient.  Although informal parenting arrangements can be helpful for some unmarried couples for a short while, such arrangements do nothing to resolve problem...


What is a parenting plan?

 

Arizona applies a co-parenting model over child custody. So when the parents seek joint custody, they are required by law to submit a written parenting plan to the court. The parenting plan provides a...


Will a child custody evaluation be necessary in my divorce?

 

Maybe. Under Rule 68 of the Arizona Rules of Family Law Procedure, the judge assigned to the case may order a custody evaluation whenever the parents are unable to reach agreement on custody. If a cus...


Will a parenting conference help with our child custody issues?

 

A parenting conferences helps the judge determine what is in the best interests of the child with regards to child custody.  The focus is on where the child will reside, how much time each parent wi...


Will my child have an appointed attorney in my divorce?

 

In some cases, yes. Rule 10(E) of the Arizona Rules of Family Law Procedure allows for the appointment of attorneys for the child. The first is the "Best Interests Attorney" who represents the minor c...