Finding Solutions for Conflicts Over Child Custody

Divorce is usually hard on the children, and even more so when their parents are fighting over who the children will live with. Courts in Arizona generally favor a shared custody arrangement, but this requires a level of cooperation between the parents. 

In a high-conflict custody case, the parents have difficulty even coming to the table to discuss parenting plans. There may be objections to either parent’s lifestyle or intimate relationship and their possible negative effects on the children. In the worst-case scenario, there may be claims of physical or mental harm inflicted by one parent upon the children. 

If your spouse is being combative or unreasonable, there are positive actions you can take to improve your chances for a manageable parenting scheme. To the extent possible, avoid direct confrontations with the other parent over these issues. Communications about child custody should be handled through your attorney or through an intermediary, such as a social worker or child services advocate. 

If there is any hope of settling child custody in whole or in part, it will take the willingness of both parents to compromise. The goal should be to create a parenting plan that allows both of you to be actively involved in raising your children. Possible arrangements include:

  • Co-parenting, which means sharing decision making and physical custody

  • Parallel parenting, which involves taking turns with custody on a set schedule

  • Letting one or the other parent have custody of certain children

Each of these arrangements requires carefully working out each parent’s respective rights and responsibilities. Sometimes, one parent will give up something else of importance in return for a more favorable custody arrangement.

Unfortunately, it may be that despite all efforts on your part to compromise, no satisfactory agreement can be reached. The judge will then have to order custody based on a finding of what is in the children’s best interests. Among the factors relevant to this finding are:

  • Existing relationships between the parents and the children

  • Which parent is the primary caregiver

  • Each parent’s ability and willingness to allow the children frequent contact with the other parent

  • The children's degree of adjustment to their home or school environment

  • The children’s and parents’ mental and physical health

  • The children’s and parents’ desires

Also considered are negative factors, such as whether either parent has misled the court or engaged in bad behavior in efforts to win custody. Pursuing child custody too aggressively can adversely impact your chances of success. Conversely, demonstrating your willingness to negotiate in good faith can help foster a mutually beneficial custody arrangement.

The experienced and knowledgeable family law attorneys at Clark & Schloss Family Law, P.C. in Scottsdale are ready to help you resolve your child custody dispute productively. Call us at 602-789-3497 or contact us online to arrange a free consultation.