Custody and The Best Interest Factors

Name: Best Law Firm
Address: 7025 N Scottsdale Rd Suite 303, Scottsdale, AZ, 85253
Telephone: (480) 219-2433

How the Court Determines Child Custody Issues

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How do the courts make decisions when children are involved? Best Interests of a Child.

When a family court judge makes a decision regarding Custody of a minor child, the court is obligated to make its determination based on the Best Interests of a Child. To do this, the court uses a standard called, The Best Interest Factors. The Best Interest Factors are used by family court judges when making decisions regarding custody, parenting time, and legal decision-making.

Best Interests Factors

The past, present and potential future relationship between the parent and the child.
The wishes of the child’s parent or parents as to legal decision-making.
If the child is of suitable age and maturity, the wishes of the child as to the custodian.
The interaction and interrelationships of the child with the child’s parent or parents.
The child’s siblings and any other person who may significantly affect the child’s best interest.
The child’s adjustment to home, school and community.
The mental and physical health of all individuals involved.
Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent.
The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making.
Whether a parent has complied with chapter 3, article 5 of this title.
Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

How the Courts Determine Issues Regarding Children

The Best Interests of a Child

The Best Interests of a Child is a standard by which a court determines what arrangements would be to a child’s greatest benefit, often used in deciding decision-making and parenting time matters and in deciding whether to approve an adoption or a guardianship.

The Law – A.R.S. § 25-403.

The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being.
In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child

Parenting Time

Parenting Time is the schedule of time during which each parent has access to their child. Each parent is responsible for providing the child with food, clothing and shelter during his or her parenting time. During his or her parenting time, that parent may also make “routine decisions” concerning the child’s care.

A.R.S. § 25-403.

The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being.

Legal Decision-Making

Legal decision-making is the legal right and responsibility to make all non-emergency legal decisions for a child including education, health care, religion and personal care.

25-403.01. Sole and joint legal decision-making and parenting time

In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.

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Family Law Success Stories

Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.

We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.

We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.

We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.

We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.

We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.

We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.

We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)

We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.

We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.

We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.

We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.

We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.

We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.

We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.

We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.

We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.

We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)

We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.

We represented a father from Japan to obtain a parenting time order for his young son.

We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.

We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.

We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.

We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.

We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.

What Our Clients Say

Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.

J.S

Divorce Mediation

“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”

B.W.

Divorce With Children

“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”

T.N.

Custody And Father's Rights

“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”

R.C.

Divorce Mediation

“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”

MM

Family Law

I’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!

J.G.

Family Law

“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”

B.H.

Family Law

“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”

C.J.

Divorce With Children

Thank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.

TM

Family Law

“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”

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Contact Information

(480) 219-2433

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253

info@bestlawaz.com