Getting Full Custody in Arizona

Scottsdale firm represents parents seeking to protect their children

If you are interested in getting full custody after a divorce in Arizona, the attorneys at Clark & Schloss Family Law, P.C. will offer honest counsel about your chances. We advise parents throughout Scottsdale and the surrounding area on various matters relating to parenting arrangements. Should full custody be possible under the law, we will prepare a compelling argument to help you pursue the result you seek.

What does it mean to have full custody?

Under Arizona law, child custody is comprised of decision-making authority and parenting time. Frequently, decision-making authority is shared by both parents, so that each has a say in choices involving their child’s medical treatment, education, religious upbringing and other important matters. By contrast, parenting time is often allocated, with a son or daughter living primarily in one parent’s home and the other parent having visitation rights. In a full custody situation, one parent has legal control over decisions and provides the child’s primary residence. However, the noncustodial parent can usually maintain frequent, meaningful contact with their son and daughter under the parenting time schedule.

What are the grounds for getting full custody in Arizona?

A co-parent’s abusive behavior in the home, neglectful parenting or serious substance abuse problems might be factors that motivate a judge to grant you full custody. These determinations are based on what the judge believes to be in the child’s best interests.

Chances of getting full custody in Arizona

Securing sole custody can be difficult if the youth’s mother or father objects. Before you seek this type of order from the court, it’s wise to speak with an experienced Arizona child custody lawyer about your chances. Judges commonly try to find ways to encourage both parents’ involvement in the lives of their sons and daughters. Even if physical custody is denied, such as when one parent’s home environment is considered to be unsafe, a judge could establish joint legal custody so that neither parent is excluded from decision-making.

Can full custody be granted without going to court?

To have legal force, custody orders must be entered by a judge. Sometimes, parents might agree among themselves that it is best for one parent to have full custody over their child. Still, they have to submit a draft order for the judge who can sign, modify or reject it based on what is deemed to be in the child’s best interests. In situations where one parent cannot be located, the other parent can petition the court for full custody.

Can a full custody order be modified?

Generally, it is best for children to have a strong relationship with both parents and for both parents to play an active role in their son or daughter’s development. Often, full custody orders reflect temporary circumstances. One parent may be addicted to drugs or may be living overseas due to a business, family or military obligation. If that situation changes, there might be a good chance to modify a full custody order. Our attorneys have extensive experience handling complex child custody cases and can advocate for a suitable modification when warranted.

Contact an Arizona custody lawyer to set up a consultation

Clark & Schloss Family Law, P.C. helps Arizonans pursue appropriate parenting arrangements, which might include full custody. Please call 602-789-3497 or contact us online to schedule a consultation at our office, located on Frank Lloyd Wright Boulevard in Scottsdale.