Legal Question in Family Law in Arizona

Re: child custody issue

Thank you for your inquiry. The most important statement in your posting came at the very end: "I want what's best for my kids." This is the court's standard - the best interests of the children. Whether or not you and your soon-to-be-ex-husband agree, the judge must make findings that are in the kids' best interests. With respect to equal parenting time, the court has many factors to consider. All are equally important, but the first that comes to my mind is whether or not you and your ex live close enough to each other that the children's schedule could accomodate his request. If he lives too far away (or has early work hours) that would prevent him from getting the kids to school on time, this might be a strong factor for the judge. Also, I'm wondering whether or not he actually told you he wants equal parenting time in order to avoid child support. If he said this to you, you can testify about this at the time of trial. And if his income exceeds yours, there is still a chance he would pay child support, even if he does have equal time. Whether or not you hire a lawyer depends on whether you feel comfortable representing yourself at trial; whether he is represented; whether you have adequate time to prepare your witnesses and exhibits; and whether or not you can afford the (widely variable) cost of legal representation. If you would like to discuss any of these matters in greater detail, please contact my office to schedule a consultation.

Sincerely,

Monica H. Donaldson, Esq.

(480) 792-9770

[email protected]