Phoenix Arizona Family Law Blog

Breaking free from your marriage has been on your mind for months now, and you are finally moving forward with the process this year. However, one of your biggest concerns is losing the time you spend with your children. How exactly will you deal with child custody?

Fortunately, in many divorce cases, child custody matters can be resolved outside of court. How? You can do so through informal negotiations or through a dispute resolution process, such as mediation. Here is a glimpse at how you and your spouse can address child custody without having to rely on an Arizona family court.

Globalization as well as the opportunity to work and study in other countries and have led to more "international" marriages. If two people from different countries separate after having children, custody issues could be quite complex. Individuals in Arizona may wonder how situations are handled when international custody disputes materialize.

Following a separation, one parent may take their child to another country without permission. These types of international abductions are often done in an attempt to remove the other parent from the child's life. However, the de facto noncustodial parent in such situations may have recourse available.

Parents in Arizona may want or need to transfer custody of their children to another party on a temporary basis. This could be because the parent becomes ill, doesn't have the financial resources to care for them or has just gone through a divorce. Generally speaking, any adult can assume custody of a child, but the transfer must be done with the kid's best interests in mind.

When creating a temporary custody order, it is important to clearly indicate how long it will be in effect. It should also clearly state where the child will live and what rights the parent will have to the child during this period. In most cases, parents are allowed to remain in a child's life even if they relinquish custody. Those who are thinking about giving up custody rights because of a divorce or separation should know that they are less likely to regain custody later.

Fathers in Arizona may be concerned about their rights when it comes time to seek custody of their children in family court. Over the years, many people have come to believe that fathers are likely to suffer from a bias that makes them more likely to have less time to spend with their children or be denied child custody altogether. Many of these beliefs come from historic approaches to custody, although these have changed over the years. Research backs up the idea that children benefit from having a strong relationship with both parents, and fathers who actively pursue custody are even more likely than mothers to successfully receive child custody.

In the past, women were far more apt to provide primary care to their children. Women were less likely to work in jobs outside the home except when absolutely necessary. At the same time, men generally were seen as having less of a role to play in child care except in terms of providing financial support. These types of gender stereotypes excluded women from the workplace and many areas of achievement at the same time that they functioned to keep fathers distant from their children. Mothers almost received custody by default except in circumstances where they were clearly unfit, and fathers were expected to provide support and have minimal visitation.