“Who can help me make a parenting plan?”
Parents facing a difficult child custody situation may be concerned about the time they will get to spend with their daughter or son. There is a real misconception that Arizona is a "50/50" State, meaning both parents always spend evenly-divided time with their children and make child-related decisions together.
It is true that—all things being normal—most judges like to give each parent an equal opportunity to share in the upbringing of their child. Unless something unusual is going on, they really should. Since 1973, over a half-century ago, Arizona has forbidden any gender preference for legal decision-making (‘LDM’) and parenting time. See ARS § 25-403.02(B).
However, there are plenty of good reasons why an “equal parenting plan” would be a bad idea. Family violence, failure to provide for a child’s basic human needs, abandonment, substance abuse, and significant mental illness are just examples where a family court must try a different solution. Other times, it has nothing to do with a parent’s personal struggles or misconduct. Even a peculiar work schedule or employment that requires frequent travel can erase any thought of “equal time”.
Arizona allows for these special circumstances. There is a standard list of “child’s best interests” factors that our courts must always consider unless some special rule forbids it. In particular, we have laws requiring different results when personal safety is on the line. Sometimes, too, judges or attorneys will refer to “model parenting plans” or other helpful guides designed to help people find their way through the maze of “co-parenting” in family court. All of this can be upsetting or bewildering!
At Alongi Law Firm, we have helped hundreds of people design and implement parenting plans to honor all these goals. We explain all these different laws when they seem more and more confusing, we encourage clients to prioritize their children ahead of personal convenience, and we go to bat for them in settlement discussions (or, if necessary, a full trial) if they are not being treated fairly.
Our services include …
• Helping a parent piece together the best child access schedule and division of authority for deciding a child’s education, medical treatment, and counseling
• Resolving controversy over which State should decide child custody
• Helping parties resolve paternity disputes
• Evaluating the wisdom of relocating with children to a new home
• Calculating the proper amount of child support
• Presenting good testimony and exhibits to prove circumstances that may justify a special LDM or parenting time result.
We always hope a case can settle, and our team has plenty of experience serving as either a neutral mediator or advocate for a parent participating in mediation. The Arizona Supreme Court does expect every family court participant to make some effort in that direction, too. See Family Rule 66(e). But we will never ask a client to “take back” or water down an important, honest claim that displeases the other parent, a professional evaluator or mediator, or even our judge.
We will not cut corners on a child’s (or your) personal safety, either. Nor will we shrug off basic fairness or important legal requirements just to “hurry up and finish the case”. We have seen too many families hurt by rash (or even reckless) deals that way, and they almost always end up back in court in a matter of just one or two years. Sometimes less. A good parenting plan requires careful thought and an open exchange of relevant information with the other party.
If you would like experience and dedication in your corner, schedule a call and we’ll see what we can do to help!