Child Custody in Arizona FAQ

Get Immediate Legal Paraprofessional Help for Arizona Family Law Issues
— Call Now (480) 710-1770 —

child custody faq

Child custody disputes can be one of the most challenging aspects of divorce or separation for parents in Arizona. Parents often face several issues that require careful consideration, from determining the best custody arrangement to handling disputes over parenting time and financial responsibilities.

This article will cover the following topics:

How to Get Full Custody of a Child?

Obtaining full custody of a child in Arizona involves demonstrating to the court that it is in the child’s best interest for one parent to have primary legal and physical custody. The process typically begins with filing a petition for custody, which outlines your reasons and provides evidence supporting your request.

Factors that the court considers when determining custody include the child’s relationship with each parent, the child’s adjustment to home, school, and community, and each parent’s ability to provide for the child’s needs.

It’s also important to show that you can offer a stable and nurturing environment. If there are concerns about the other parent’s ability to care for the child, such as issues of abuse or neglect, providing evidence of these concerns can help your case.

Who Claims the Child on Taxes with 50/50 Custody?

In cases of 50/50 custody, determining who claims the child on taxes can be complex. The IRS has specific guidelines that typically allow the parent who has the child for the greater part of the year to claim them as a dependent.

However, in true 50/50 situations, parents may need to reach an agreement or alternate years.

It is advisable for parents to include stipulations in their custody agreement or court order detailing who will claim the child each year. 

Who Pays Child Support if GrandParents Have Full Custody?

When grandparents in Arizona assume full custody of a child, the biological parents still retain their financial responsibility for child support.

The court issues a support order requiring parents to make payments to the grandparents. These payments are calculated based on the state’s child support guidelines, considering factors such as the parents’ incomes and the child’s needs.

Can You Lose Custody For Not Paying Child Support?

Failure to pay child support in Arizona can lead to legal consequences, but it does not automatically result in the loss of custody.

Child support and custody are treated as separate issues by the court.

However, persistent non-payment can lead to enforcement actions, such as wage garnishment, suspension of driver’s licenses, and even jail time.

It is important to comply with child support orders to avoid these penalties. If you are experiencing financial difficulties, it is advisable to seek a modification of your child support order rather than falling behind on payments.

What Happens After a Default Judgement Child Custody?

A default judgment in child custody cases occurs when one parent fails to respond to court proceedings, leading the court to issue a custody order in favor of the other parent.

This judgment can have significant implications, as it may grant full custody to the responding parent without considering the non-responding parent’s circumstances.

If a default judgment has been entered against you, it is important to act quickly to challenge or modify the order. Filing a motion to set aside the default judgment, accompanied by valid reasons for your initial non-response, can help you seek a fair hearing.

What To Ask For In Mediation Child Custody?

Mediation offers a valuable opportunity for parents to resolve custody disputes amicably without the need for contentious court battles. During mediation, it is important to focus on key issues, such as parenting time schedules, decision-making authority, and arrangements for holidays and vacations.

Preparing for mediation involves gathering relevant information, understanding your child’s needs, and being open to compromise. A successful mediation can result in a mutually agreeable parenting plan, which is often more sustainable and less stressful than a court-imposed solution.

Real Client Reviews

preloader-image
Carline Jones - Lucas Family Law Reviews

“She’ll make you feel she’s 100% dedicated to you.”

Alison is a pleasure to work with and provides outstanding services as a paraprofessional. Her work ethic is like no other and no doubt she’ll make you feel she’s 100% dedicated to you. Alison will treat you with professionalism and respect, however she’ll also be transparently honest to help you see outside of your own blind spots. It’s evident she has an abundance of experience in family law. She’ll guide you through one of the most challenging experiences of your life and do it with empathy and compassion. Alison and Lucas Family Law is someone you’ll always want on your team!

Caroline Jones

Google Review
Molly Nickel - Lucas Family Law Review

“She truly care about families and children!”

Nothing is ever easy when there is a family matter, but having knowledgeable, dependable, and reliable legal counsel is key. After meeting with Alison I knew I was with the right person. I was SO IMPRESSED with all of her knowledge, advice, and guidance. She thought about aspects of my case I had not even considered! I felt so much more comfortable and confident with my situation after meeting. I highly recommend this firm – She truly care about families and children!

Molly Nickel

Google Review
Melissa Lautzenhser - Lucas Family Law AZ Review

“Alison is a caring and experienced resource you can trust.”

I’ve known Alison for nearly a decade and she has always been a trusted advisor, a dedicated professional, and a generous and compassionate soul. She’s a continual learner who stays on top of her field and knows how to leverage her knowledge in practice. She leans in to her work, commits to her clients, and sees every case through to the most successful outcome possible. Alison is a caring and experienced resource you can trust.

Melissa Lautzenhser

Google Review

Alison is an absolutely amazing paraprofessional!

If I could give her 15 stars I would. She is a one in a million . she cares about you and your case. I would have been lost on my case if it wasn’t for her.
I refer anyone with a family case to her she is the only one who was respectful and helpful when I was calling around. Thank you!!!

Andrea Davis

“After meeting with 3 other attorneys I called Alison Lucas”

After meeting with 3 other attorneys I called Alison Lucas of Lucas Family Law and had my free consultation over the phone. I enjoyed our talk over the phone so much I made an appointment and brought in my legal documents for her to go over with me and make further decisions. Will be working more together soon on my case

Michael Smith

Google Review

“Extremely knowledgeable and skilled in family law matters”

I am a family and juvenile law attorney with over 15 years of practicing experience. I’ve known and practiced with Alison for years — she is consummate professional and extremely knowledgeable and skilled in family law matters. I highly recommend Alison!

Sean C

Google Review

“Her personal attention to truly listen, learn, and understand”

Just learning about what a legal paraprofessional is, I was extremely pleased to learn that Alison had just as much knowledge and experience as any other Family Law attorney. But what sets her apart is her personal attention to truly listen, learn, and understand the small specifics that really made a difference in my case. Having worked with other attorneys in the past, it was refreshing to see that Alison wasn’t concerned with just getting a paycheck. Her goal was to make sure that I was taken care of as if I was her only client and that I was being represented with the utmost professionalism. And the fact that her rates were below what a typical family attorney would charge at a big firm made the decision to use her a no-brainer. Don’t hesitate to at least contact her and see how she can help, she is boss!

Karen Bene

Google Review

Click to Call Us