what can a lawyer do to get my son in protective custody in az

Getting a family law lawyer in Tucson can help each protect their rights and get the child custody order they think is most appropriate. Mediation is often recommended in the first step of a child custody negotiation. However, you may also want to go to mediation when things have become especially difficult in your negotiations.

Full Answer

Do I need an attorney for a child custody case in Arizona?

Even if you are proceeding through the case without representation, we recommend that you at least have a consultation with an attorney who is familiar with child custody in Arizona regarding what you are considering proposing as a settlement to the other parent.

Where can I get a child dependency lawyer in AZ?

Call Rideout Lawfirm in Lake Havasu City AZ. They have the BEST child Dependency Lawer in AZ. I’m not allowed to mention names on here but that Lawyer they have is the best. cost about 4500$

Do I need a family law attorney in Arizona?

If you must go to court, make sure you are represented by an experienced Arizona family law attorney. You and your family are much too important for you to go it alone.

How does equal custody work in Arizona?

The court opts for Arizona parents to exercise what is commonly referred to as “equal custody,” if it’s in the best interests of the child. The court actually prefers that parents work together and create a workable parenting time schedule that is in the best interests of the child.

How do I contest an order of protection in Arizona?

To challenge the order, the defendant must file a request for hearing with the court. If the order prohibits the defendant from entering his or her home, the motion will be heard within five (5) days; otherwise, it will be heard within ten (10) days.

What is considered an unfit parent in Arizona?

There are parents who seek sole custody of their child because they believe that their former spouse is unfit to be a parent. In general, an “unfit parent” is one who fails to properly provide for the child and to ensure their wellbeing.

How do you prove a parent unfit in Arizona?

The Proof Is in the ParentingMedical Records. Children who are victims of abuse will have at least one medical record that establishes the extent of their injuries. ... Eyewitness Testimony. ... Expert Witnesses. ... Law Enforcement Records. ... Child's Testimony.

What proof do you need for a restraining order in Arizona?

To obtain an Order of Protection or Injunction Against Harassment you will need: The name, date of birth and address, if known of the person from whom you are requesting protection (the defendant) and, if possible, any other address where that person can be reached.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

What are the 4 types of child neglect?

What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.

At what age in Arizona can a child decide what parent to live with?

In Arizona, a child can decide which parent to live with after their parent's divorce only when the child reaches his or her 18th birthday. At this age, when the child is no longer a minor, the Court loses jurisdiction over the child for purposes of determining legal decision-making (custody) and parenting time.

What is considered child neglect in Arizona?

On the other hand, Arizona defines child neglect as the inability or unwillingness of a parent, guardian, or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable risk of harm to the child's health or welfare.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

How long does an order of protection last in Arizona?

within one yearEffect and Validity of Order: The Order of Protection must be served within one year of its issuance. Once served, an Order of Protection is valid for one year from the date the Order is served.

What is considered harassment in Arizona?

Arizona criminal law defines “harassment” as conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, or harassed and the conduct in fact seriously alarms, annoys, or harasses the person.

Can we get a mediator to help us resolve our child custody dispute?

Yes. Mediation (a form of alternative dispute resolution) is available in every family law case involving an issue regarding “child custody or pare...

Are Legal Custody and physical Custody the Same Thing?

No, they are not the same and here is the difference between the two. The parent who is awarded legal custody has the right to make important decis...

Can a father get child custody in Arizona?

Yes. Times have indeed changed, and for the better. Today, fathers are more likely to succeed in getting custody of their children than ever before...

Can I get child custody and support during the divorce process?

You can file a motion with the court seeking temporary orders that provide for the custody and support of a child before any trial is even schedule...

Can I leave Arizona and take my child with me?

When removing your child from the state violates the custody order, yes there is a problem with that. Parental kidnapping occurs when one parent vi...

Can I relocate my child to another state?

Yes, it is possible. A.R.S. § 25-408 requires that you seek the Arizona court’s permission before you relocate, which means you must also notify th...

How to contact Arizona child custody attorney?

Our experienced child custody attorneys can help you decide the best approach to resolving your case. Call us at (602) 698-5520 or email us through our contact form to schedule your personalized consultation. Arizona Child Custody: Moving Out of State.

What are the changes to Arizona child custody laws?

Major changes to Arizona child custody laws. Custody is frequently determined when parents seek a divorce or legal separation, when parents request the court to alter a custody decision made in an earlier divorce case, or when parents were never married and look to have a court-established custody arrangement.

Why is Arizona putting off divorce?

20 Sep 2019. Many Arizona couples contemplating divorce delay filing because they are concerned about child custody issues. Custody is a legal arrangement specifying which parent will make decisions affecting the child’s wellbeing. Although that suggests exclusive physical custody, in most cases the non-custodial parent is still allowed time ...

What is a parenting plan in Arizona?

The parenting plan defines access terms and conditions both parties must comply with and which the child will depend upon. The parenting plan then becomes a part of the custody orders made by the court, making it an enforceable contract for both parents to abide by.

How long does it take to get custody of a child in Arizona?

Even after a divorce order has been granted, the court may still modify an earlier custody order. An Arizona child custody case can take three months to a year to conclude because of the many variables involved. It can even take longer if both parents cannot work together to reach a full agreement.

What are the issues that can affect custody?

domestic violence. child abuse. criminal history. If your spouse has any of the above issues, the court will consider your request and come to a custody decision based on what is in the best interest of the child. You can increase your chances of gaining full custody by enhancing your reliability and skills as a parent.

How to increase chances of custody?

You can increase your chances of gaining full custody by enhancing your reliability and skills as a parent. Start making promised changes and keep working to improve them. Frequent and deeper involvement with your child can help even out a history of absence and lack of emotional contact.

What does "sole custody" mean in Arizona?

For many, when they use the term “sole custody” they mean both sole legal decision-making authority and some form of unequal—and/or supervised—parenting time schedule.

What is equal custody in Arizona?

The court opts for Arizona parents to exercise what is commonly referred to as “equal custody,” if it’s in the best interests of the child. The court actually prefers that parents work together and create a workable parenting time schedule that is in the best interests of the child.

What is a parenting schedule in Arizona?

A parenting schedule outlines when each parent will have physical custody of their child. Arizona law allows parents to have very flexible parenting plans, of the utmost concern is that the plan is in the best interests of the child.

How to establish paternity in Arizona?

Establishing Child Custody. Paternity in Arizona is usually established by either the child being born during a marriage or one parent petitioning the court to establish paternity. When a parent petitions the court to establish paternity, they essentially provide proof of paternity by either submitting a birth certificate or other voluntary ...

What is legal decision making in Arizona?

Legal Decision-Making relates to how nonemergency child custody decisions about religion, education, medical and personal care issues will be made.

What to do when a child dissolution?

During a dissolution, when children are involved, you will also need to resolve issues like parenting time, legal decision-making, holiday parenting time, child support, and other financial issues related to the children. You can reach a resolution between yourselves or with the assistance of a mediator.

What is legal custody?

Parenting Time simply refers to what parenting time schedule the parents will be exercising, or who has the child at specific times. During a parent’s parenting time, they are responsible for providing food, clothing, and shelter for the child.

What is the Arizona Rules of Family Law Procedure?

Under Rule 68 of the Arizona Rules of Family Law Procedure, the judge assigned to the case may order a custody evaluation whenever the parents are unable to reach agreement on custody.

How to improve chances of custody?

You can improve your chances of gaining custody by improving your parenting skills and your reliability. Begin making positive changes now and keep making improvements. More recent and more extensive involvement with your child can help balance out a past relationship with emotional distance or absenteeism.

What is mediation in divorce?

Mediation (a form of alternative dispute resolution) is available in every family law case involving an issue regarding “child custody or parenting time.”. If you anticipate contentious custody or visitation issues in your divorce or break-up, then mediation may be a suitable way to resolve many disputes before trial.

What happens when one parent works outside the home?

And when one parent works outside the home, the other often cares for the children in the home. With current relationships, there is nothing unusual about a couple sharing child-rearing responsibilities equally because both are employed outside the home.

How much notice do you need to move 100 miles away in Arizona?

Furthermore, if you intend to relocate 100 miles away within the state of Arizona, then the other parent is entitled to 60 days advance notice. This is because your intended move directly affects the noncustodial parent’s access to the child.

Does Arizona have a co-parenting model?

Arizona applies a co-parenting model over child custody. So when the parents seek joint custody, they are required by law to submit a written parenting plan to the court. The parenting plan provides a defined, predictable custody arrangement.

Do divorced fathers have more custody?

Yes. Times have indeed changed, and for the better. Today, fathers are more likely to succeed in getting custody of their children than ever before. More divorced parents enjoy joint custody arrangements and more fathers are being designated the primary residential parent.

What is a mediator in a family?

The mediator will try to help you reach an agreement together that is in the best interest of your whole family. A mediator is a neutral third party. The mediator does not work for either you or your child’s other parent, and the mediator will not “take sides.”. Mediation can continue as long as you need it.

Can custody cases become contentious?

Child custody cases can become contentious quickly. Both parents likely want to have the most time with their children that they can. That will leave both of them fighting fiercely to get more time, often by casting the other in the worst light possible.

Can a child custody lawyer help you in Phoenix?

While a child custody lawyer in Phoenix can certainly fight for your rights and help you press for the child custody arrangement you want, there are many benefits to participating in mediation rather than heading straight for litigation.

Can you settle a child custody case in Arizona?

You can resolve your case more quickly through mediation than through litigation. Less expense. You will spend a lot more money paying an Arizona child custody lawyer to litigate your case than you will going through mediation. Privacy. Litigation requires you to air your business in open court.

Is child custody a contentious matter?

The child custody process is rife with emotion, but it doesn’t have to be contentious. You can reach a resolution more quickly and easily with the help of a mediator and the right child custody lawyer. The child custody lawyers at My AZ Lawyers are ready to help you get the child custody order you want for your family.

How to resolve a complaint with Arizona CPS?

How to resolve a complaint or disagreement with Arizona CPS– this is what they suggest: to talk to your CPS worker about it, then her supervisor, then the Ombudsman. Unfortunately, that’s unlikely to get the results you want because you’re only speaking to people who work together, against you.

What is the phone number for Arizona CPS?

Phone: 602-626-9552 (Phoenix) Phone: 800-409-0262 (Phoenix ) Phone: 480-428-1490 (Scottsdale) Website: DeShon Laraye Pullen PLC. If you know of any Arizona CPS pages that should be listed here, or if changes need to be made to this page, please leave a comment to let me know.

Does FightCPS recommend attorneys?

This website, FightCPS, does not recommend attorneys, or refer people to attorneys. We maintain this listing as a courtesy to people needing to find lawyers who are interested in juvenile court matters. FightCPS does not work with or know any of these lawyers.

What is the law in Arizona regarding DCS?

Your Rights. In a DCS Investigation Arizona law requires DCS to provide the parent, guardian or custodian with written information outlining his/her rights. Upon initial contact, DCS must inform the parent, guardian or custodian that:

What is the right of a parent to respond to an allegations?

Parents have the right to respond to the allegations verbally or in writing, including providing information, and to have the information considered in determining whether the child needs protective services. Anything the person says or writes can be used in a court proceeding.

What happens when DCS receives an allegation of child abuse or neglect?

When DCS receives an allegation of child abuse or neglect, state law requires the department conduct a thorough investigation. DCS needs your cooperation to assess your family’s needs and to provide services in the shortest possible time.

How to get a child back together in Arizona?

But state law and agency rules outline a basic process on how a child may be taken away, and what it takes to get a family back together. 1. Somebody makes a report. This almost always starts with a call to the hotline at the Arizona Department of Child Safety (800-SOS-CHILD or 888-767-2445). Anyone can call the hotline if they think they know ...

What information do you need to give to a child's custodian?

If and when the investigator makes contact with the parents, guardian or child's custodian, the investigator must give them verbal and written information on their rights and make reasonable efforts to get written acknowledgment that they received it.

What is the role of a juvenile court judge?

A Juvenile Court judge monitors the process as DCS maintains care of the child, and as the parents participate in services prescribed in their case plan. The court holds "report and review" hearings periodically to monitor the progress of a case.

How long does it take for a child to be returned to the parent?

The child must be returned to the parent within 72 hours unless DCS files a dependency action with the Juvenile Court.

Why would a hotline operator refer a child to police?

For example, if someone called the hotline to report a child being abused by a teacher or coach, operators would refer them to police, because those people aren't the child's parent or guardian. Key point: Hotline operators have no idea if the reports are true. They can only determine if they meet the criteria.

Who is the guardian ad litem?

Low-income custodial parents have the right to a court-appointed attorney. All children who are removed are appointed a separate attorney, called a guardia n ad litem, who is responsible for protecting the child's best interest. 6. The court's role.

Who must be certified to adopt a child?

People who want to adopt a child out of the foster-care system must be certified by the state. Often, these are the foster parents or family members who have been caring for the child after he or she was removed from the family home.

What Is Mediation?

Benefits of Mediation

Getting More Out of Mediation

• Mediation can certainly help you get the child custody arrangement you feel is best, but you will get even more out of the mediation process by working with a child custody lawyer at the same time. The mediator is a neutral third party who is not interested in your particular wants or concerns. Your attorney represents your interests and can help g...

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