Child Custody & Parental Rights
In matters of divorce, where children are involved, the issue of child custody is often the most important facet of the divorce, and the most emotionally complicated. The Law Office of Dina Afek, P.C. works with parents in Tucson and throughout Southern Arizona to develop custody arrangements and parenting plans that recognize parental rights and create a workable situation that meets the needs of all family members.
Child Custody
The court determines custody "in the best interests of the child" by considering a number of factors, including the wishes of the child and the wishes of the parents, and the child's adjustment to his or her current home, school, and community. The court has authority to award either sole custody or joint custody.
When joint custody is granted, the court implements a parenting plan, which outlines each parent's rights and responsibilities for the child's care (physical custody) and how decisions will be made regarding education, health care, religious training, and other elements of the child's upbringing (legal custody). The parenting plan includes a schedule or when the child will live with each parent, including holidays and vacations, and a procedure for making changes or resolving disputes which may arise. The preference is for the parents to collaborate on a parenting plan, but the judge will decide any of the elements of the plan on which the parents cannot agree.
Parental Rights
Despite common myths and misconceptions, mothers and fathers have equal rights when it comes to child custody matters. Sometimes fathers, especially young dads unfamiliar with the law, are subject to this common public perception and fail to assert their custodial rights. The law is clear, however, that "[t]he court in determining custody shall not prefer a parent as custodian because of that parent's sex." Whether representing a mother or father in a child custody matter, we work hard to make sure our client's interests are well-represented in the custody arrangement.
Grandparents' Rights
Parental rights in general include the right to deny visitation to other family members, even grandparents. However, the court can grant legal visitation rights to grandparents, or even great-grandparents, if it is in the best interests of the child, but only after the marriage has been dissolved for at least three months, if the child was born out of wedlock, or if a parent of the child has been deceased or missing for three months.
Grandparents may also seek more permanent custody of their grandchildren in certain circumstances, in which case a guardianship or adoption proceeding may be appropriate. See our page on CPS Issues or Frequently Asked Questions for more information. For assistance with any child custody matter from an experienced and knowledgeable family law attorney, contact the Law Office of Dina Afek, P.C. in Tucson.
