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Child Custody in Phoenix

Splitting up can be a hard time for any couple, but it can be especially difficult if there are children involved. Typically, the court leaves the decision of child custody to the parents to plan (which plan is then approved by the court). However, if the parents cannot agree as to who will have custody of their child, the court may intervene and make a decision based on the child’s best interest. There are two types of child custody considerations – physical and legal custody. Physical custody is usually awarded to one parent with whom the child will physically live. On the other hand, parents can share legal custody of a child, which applies to determining how a child is to be raised.

There are many different types of child custody arrangements, including joint custody in which the child spends equal time between both parents; split custody, where parents gain custody of separate children and custody awarded in the case of unmarried parents. There are also several different factors the court takes into consideration in determining what the “best interest” of the child might be. An experienced Phoenix Family Law attorney can help guide you through the child custody process and can best represent you and your children’s interests.

Recently in Child Custody Category

Can a Custodial Parent Move Away Without Court Permission?

Phoenix is in the midst of legislative changes over a custodial parent's ability to move without court permission.

Relocation raises child custody, parenting time, visitation, and child support issues, especially if the relocation is out of state. State relocation laws include a variety of rules concerning notice, consent, presumptions, and distance.

But what's Arizona's current law on relocation and what potential changes may be afoot?

3 Child Custody Reminders For Back-To-School In Arizona

It's back-to-school season in Arizona (and, well, in all the other states). This means that you and your ex-spouse need to prepare for your child or children's return in a number of ways. Aside from the trying to fight off aggressive parents for that last pack of college-ruled notebooks at the store, there are also arraignments to work out between you and your child's other parent.

So, in preparation for the return of the school season and your child hitting those books (and the playground at recess time) again, here are 3 child custody reminders:

How to Increase Stepparent Visitation Days

The Arizona Supreme Court recognizes that in many cases, stepparents play an important role in raising a child. When a child's legal parent and stepparent get a divorce in Arizona, stepparents can petition for visitation rights. If visitation rights are granted, the stepparent can request a modification for increased visitation rights.

But getting increased visitation days with a stepchild is no simple feat. Generally, the court will give preference to what the natural parents want.

Still, when making a decision about modifying a stepparent visitation order, the court takes a host of factors into account.

Attorneys Cite Facebook, in Divorce Cases

It's not a good idea to post too much on Facebook or Twitter if you're going through a divorce. Remember, social media can be quite revealing. And the last thing you want is to reveal more than you need to. It can be used against you as evidence.

According to a recent survey by the American Academy of Matrimonial Lawyers (AAML), 64 percent of respondents said they've cited as a source of evidence in divorce cases.

How to Modify a Child Custody Order in Arizona

Each state has its own rules on modifying child custody, and Arizona is no different. For divorced parents who want more time with their kids, it's important to go through the courts.

Maybe you have a great relationship with your ex and think you can sort out the details without appearing before a judge. But that might backfire if later things change in your relationship and you find yourself left out of important decisions for your child.

Without a court order, it's difficult to enforce verbal agreements about custody. Better to go through the steps with the court so you can set up a regular schedule with your child.

Former "Nip/Tuck" star Dylan Walsh learned a valuable lesson this holiday season: Always sign a prenup.

Last week, Walsh's split with ex-wife Joanna Going became official when a judge signed their divorce decree. Since there wasn't a prenup, Going will be walking away with half of Walsh's earnings during the marriage, including half of his royalties from "Nip/Tuck," TMZ reports.

Sarah Palin's oldest son Track Palin and his wife Britta have apparently decided that one year of married life was enough.

The couple jointly filed for divorce in an Alaskan court, according to TMZ. Under Alaskan law, a joint divorce filing means that the couple has fully settled any property and custody issues, including how Track and Britta will split custody of their 1-year-old daughter Kyla.

The fate of Elizabeth Johnson, the mother of "Baby Gabriel," will be decided at Johnson's sentencing today.

While the jury failed to reach a verdict on the kidnapping charge, Johnson was convicted in October of custodial interference, unlawful imprisonment, and conspiracy to commit custodial interference. She could either walk away a free woman or face up to nine and a half years in prison, CBS 5 News reports.

After a divorce, most parents fight to have their children as close to them as possible. Not Steve Nash, apparently.

The Lakers guard, formerly with the Phoenix Suns, is reportedly locked in legal battle with his ex-wife Alejandra Amarilla. Amarilla wants to bring their three children to California, but Nash wants the kids to remain in Arizona, TMZ reports.

So why is Nash trying to keep his kids at a distance? It may come down to child support.

Actress Mayim Bialik, of "Blossom" and "The Big Bang Theory" fame, and her husband Michael Stone are throwing in the towel.

Bialik has filed divorce papers in Los Angeles Superior Court, citing "irreconcilable differences" as the reason for the split, according to TMZ. The couple seems to be parting on good terms, however, since Bialik has requested that she and her husband receive joint custody of the their two sons.