One may think that there are restrictions in place preventing them from being able to change or challenge a custody decision, this is largely in part due to how overwhelming a divorce and custody battle can be. The following may help to put to rest common misconceptions when it comes to child custody and parent-child contact. For more specified legal advice, be sure to contact a child custody attorney to guide regarding child custody practices.
Changes cannot be made to custody and visitation agreements
It is simply untrue that once a judge has made a ruling regarding custody decisions that the agreement is set in stone. The court brings the children to the forefront of any modifications that are made to a visitation agreement and is open to modifications if the agreement is in the child’s best interest. This is especially true if the parent with custody is not fit to care for the child.
The court prefers to award mothers with custody
The reality is that mothers lose custody cases just as often as father do, ultimately the decision is based upon who is able to provide a quality of life that is best for the child. Believing that the court prefers mothers is a common misconception when it comes to custody disputes.
The most popular ruling is sole custody
It is pretty rare that a parent is awarded sole custody. Both parents will be considered for at least some sort of visitation with the child. The only stipulation to this is when a parent is extremely irresponsible, abusive or is deemed unfit as a parent.
Visitation rights and custody are not awarded to grandparents
If a parent is unable to care for the child, a guardian such as a grandparent will step in to take care of the child. The parent may be awarded visitation with limited contact while the grandparent is given sole custody. The court may grant a parent the right to visitation if it is in the child’s best interest.
Court considerations for the parents when it comes to custody decisions
When it comes to custody and visitation decisions, the needs of the parent are insignificant. The needs of the child are the most important things to consider. The parent with custody of the child is the parent who is able to provide the best quality of life for them.
To determine your legal options, contact a family law attorney to answer any questions you may have regarding your pending divorce, visitation rights, and custody issues. Contact an attorney to learn more about the Arizona divorce process; an attorney can support you through the emotionally heartbreaking process of a custody battle.
Thanks to our friends and contributors from Hildebrand Law for their insight into child custody.