Lady Justice 2

Child Custody

Scottsdale Child Custody Attorney

Child custody laws in Arizona are designed to advance the best interests of the child. For that reason, the Court encourages active, engaged participation of both parents in their children’s lives whenever possible. The creation of a balanced, holistic parenting plan is desirable and necessary in order to meet the interests of both parents and children. Attorney W. Tattnall Rush provides aggressive, zealous representation to clients in family law matters, including divorce proceedings and child custody matters. Attorney Rush offers a free consultation to discuss your case.

Child Custody

The term “parenting time” is now used instead of physical custody. As well, “legal decision-making authority” is the term that has replaced legal custody. The parent granted the legal decision-making authority will have the authority over matters pertaining to the child’s well-being, ranging from healthcare, educational pursuits and other major points, to relatively mundane matters such as leisure activities and computer time. In many cases both parents will share the decision making equally. In Arizona, the judge has the authority to determine exactly how much time each parent may spend with the child.

Determining Parental Fitness

The Court will pay careful attention to the background, conduct and history of each parent when considering whether they are fit and worthy of participating in the child’s life. The Court will consider such matters as:

  • Does either parent have an addiction problem, including alcohol, drugs, gambling, sex or other
  • Does either parent have a criminal history, and if so, have they successfully completed probation, parole, supervised release, community service and other sanctions
  • Is there a history of domestic violence or child abuse
  • Is the parent psychologically, emotionally, occupationally, financially and otherwise stable

Parental fitness is extremely important. It is crucial to hire an attorney who understands how to effectively represent a parent seeking the legal decision-making authority or sole custody of a child. As well, if a parent had a difficult background but has successfully moved on, they need an attorney who can convincingly demonstrate their parental fitness to the Court.

The Parenting Plan

A parenting plan that is reasonable in design and agreed to by both parents is desirable for all involved, and encouraged by the Court. Attorney Rush is an experienced trial attorney, negotiator and staunch advocate of fairness. He can help both parties come to terms and craft an effective parenting plan that will result in a positive, win-win situation for both parents and children.

W. Tattnall Rush Attorney At Law PLLC

Attorney W. Tattnall Rush provides passionate representation in all divorce and family law matters. With extensive experience as a prosecutor handling felony cases for the County Attorney’s Office, he is an accomplished trial attorney now devoting his practice to family law, divorce, child custody, child support, alimony, division of property and other related matters. He serves clients in Scottsdale, Phoenix, Paradise Valley, Fountain Hills, Mesa, Apache Junction, Tempe, Gilbert and Chandler, Arizona. To schedule your complimentary case review call 480-207-5230.