Law Offices of Matthew S. Schultz, P.C.

What parents should know about their custody rights

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.

If there is reason to believe that a child would not thrive while in the presence of a biological parent, visitation rights could be limited or denied. Noncustodial parents may be required to provide financial assistance to a custodial parent or temporary caregiver. The exact details about what a noncustodial parent will provide should be written in the temporary custody agreement.

Typically, parents want to spend as much time with their kids as they possibly can. Therefore, child custody matters may become points of contention before, during or after a divorce. They might also be contentious if a parent is being forced to give up some or all parental rights by a judge. An attorney could show that an individual is a good parent and that having a relationship with a son or daughter would be in everyone's best interest.

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Law Offices of Matthew S. Schultz

401 W. Baseline Road, Suite 203 Tempe, AZ 85283 Phone: 480-900-6032 Map & Directions