AZ High-Conflict Custody Lawyer
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
As Arizona (AZ) family law attorneys, we work with clients facing some of the most difficult times in their lives, and child custody is often a particularly emotional issue. In high-conflict custody cases, managing the legal process while your family is in turmoil can be extremely distressing. A compassionate, knowledgeable, and experienced AZ high-conflict custody lawyer can help you regain control and balance by explaining what to expect and working with you through the options available and next best steps.
When Do You Need an AZ High-Conflict Custody Lawyer?
Rather than using the broad term “custody,” Arizona law addresses two specific areas of the parent-child relationship: legal decision-making and parenting time. The court will consider multiple factors to determine what is in the best interests of the child or children, then issue orders regarding the allocation of legal decision-making authority and parenting time schedules.
Various factors can lead to high-conflict custody cases in Arizona, and each scenario requires an approach tailored to the specifics of the situation. An AZ high-conflict custody lawyer at Frank Amar Matura can evaluate your case and review the options available under Arizona divorce and child custody laws to seek solutions in the best interests of your child or children.
What You Should Know about High-Conflict Custody Cases
When parents go their separate ways in Arizona and cannot agree on a parenting plan, Arizona law states that each parent must submit a proposed parenting plan to the court. After a trial or court hearing, where the parties can present evidence and testimony, the judge will make a ruling regarding decision-making authority and parenting time. In some cases, Arizona custody mediation—where the parties meet with an independent mediator to attempt to come to an agreement—can be an effective way to resolve issues without a prolonged legal battle.
Circumstances that may create additional conflict or disagreement between parents in Arizona custody cases can include the following:
- Relocation of a child, especially if a parent is moving out of state or more than 100 miles away, since it can make the logistics of parenting time difficult for both parties;
- Claims of visitation or parenting rights by a third party;
- Parental alienation, or allegations that a parent is attempting to turn a child against the other parent;
- Failure or refusal by a party to comply with court orders;
- A new spouse or significant other who wishes to have a say in parenting decisions;
- Military deployments;
- Domestic violence, economic abuse, or child abuse, or allegations of violence or abuse;
- Substance abuse, or alleged substance abuse;
- Physical or mental health issues, including personality disorders such as narcissism or borderline personality disorder;
- Criminal charges and/or convictions; and
- Violations of court orders related to visitation and parenting time rights.
If believed necessary or beneficial, the court may interview the child or children involved in a custody case to determine the children’s best interests. When custody is disputed, the court may also appoint a professional with expertise in the issues in question to interview the parties and/or children and conduct an evaluation, and then make a report to the Court with the expert’s findings and recommendations
In high-conflict cases, the Court will make a written order containing all factors considered in arriving at its decisions, and it will document the reasons it believes the plans ordered are in the best interests of the child or children.
What Can You Do about False Accusations and Order Violations in AZ Custody Cases?
When a party to a custody dispute knowingly makes false claims against the other party or violates visitation or parenting time orders, the Court can implement several measures to address this misconduct. These are some of the consequences that can be implemented if the Court finds litigation misconduct or violations of parenting time rights have occurred:
- Holding the violating party in contempt of court;
- Ordering monetary penalties in the form of “sanctions,” including ordering the offending party to reimburse the other party for a portion of the attorney fees incurred in bringing the matter to the attention of the Court;
- Limiting a parent’s contact with a child to supervised visitation, with the cost to be paid by the offending parent; or (in extreme cases) prohibiting a parent from having any contact with a child;
- Requiring parent education courses, family counseling, or mediation at the cost of the violating party;
- Ordering makeup visitation or parenting time;
- Modifying existing legal decision-making and parenting time orders; and
- Otherwise taking action to protect the best interests of the child or children.
Falsely accusing the other parent or party of misconduct can result in penalties for the party making the accusations, so it is important to understand the laws before taking such actions. Arizona high-conflict custody lawyers can help clients determine if their situation involves litigation misconduct or violations that merit legal action.
Contact an AZ High-Conflict Custody Lawyer at Frank Amar Matura
At Frank Amar Matura, we understand the stress and burdens that come with co-parenting and child custody after divorce. We have decades of combined experience as strong Family Law attorneys and skilled courtroom litigators. We also have an in-depth understanding of Arizona law and the preferences and procedures of the local courts. With offices in Phoenix, Scottsdale, and Tempe, we serve families in Maricopa County, AZ and throughout Arizona.
To speak to an experienced and caring AZ High-Conflict custody lawyer, contact us by calling 602-922-9989 or completing this convenient online contact form.