A child custody lawyer helps you establish and protect your parenting rights when those arrangements are being decided or disputed. In Scottsdale and throughout Maricopa County, that means addressing two distinct legal questions: who has authority to make major decisions about your child's life, and how parenting time is actually divided.
Matters of child custody are also matters of child welfare. Parents may need to seek, modify, or defend child custody agreements in many circumstances, from divorces to major changes in their own or the other parent's life.
Wherever you are in life, and whatever your goals for child custody are, BTL Family Law will help you formulate a clear strategy and fight for your child's best interests and your parental rights.
Call BTL Family Law today at (480) 307-6800 for a free, honest assessment of your child custody case and how we may help you with it.
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Call 480-307-6800 to schedule a consultation with a Scottsdale family law lawyer today.
What Arizona Courts Can and Can’t Decide When It Comes to Child Custody Issues in Scottsdale
Arizona courts can decide who holds legal decision-making authority and how parenting time is divided, but they cannot label either parent a "winner" or relitigate a settled order without cause. Knowing those limits is where we start when we set a goal for your case.
In Arizona, "child custody" is not the legal term courts use. That distinction matters more than most parents expect. What Maricopa County family courts actually address is legal decision-making authority and parenting time.
These two issues are evaluated and negotiated separately. Whether your custody matter arises within a Scottsdale divorce case or as a standalone issue after your divorce is already final (a post-decree issue), knowing what you are actually fighting for is the starting point for building a sound legal strategy.
Legal Decision-Making Authority: A High-Stakes Child Custody Issue
Arizona courts divide custody into two separate questions: who makes major decisions about the child, and how much time the child spends with each parent. Most parents come in using the word "custody" in general reference to both, but courts treat them independently. So should we.
Legal decision-making authority refers to which parent has the right to make major decisions about the child's education, healthcare, and religious upbringing. In many cases, both parents share this critical responsibility.
- Sole authority means one parent makes those calls without needing the other's agreement
- Joint authority means both parents share the decision-making responsibility, which works best when parents can communicate civilly, productively, and with the child’s best interests as the central focus
Many of our clients in Scottsdale want greater legal decision-making authority, and we present cases that show why such greater authority is justified under A.R.S. § 25-403.01.
Parenting Time: The Other Face of the Child-Custody Coin in Arizona
The second primary element of child custody issues is parenting time. “Parenting time” refers to the actual schedule the child (or children) and parents follow.
A court’s decisions regarding parenting time can dictate where the child sleeps, how holidays are divided, how school pickups work, and what happens when plans change. Two important considerations for parents in Scottsdale are:
- Courts can award equal parenting time without awarding equal decision-making authority
- These two issues are evaluated and negotiated independently of each other
We have honest discussions with the parents we represent. Before engaging the courts, we determine precisely what the parent wants regarding decision-making authority and parenting time.
Such clarity ensures that BTL Family Law and our clients are always on the same page, with expectations for the case crystal clear.
Appealing to the Authorities: How Do Scottsdale Courts Make Child Custody Decisions?
Though it may not always seem that way, there is logic in how Arizona’s family courts operate. The most important factor in these courts' decisions is the best interests of the child, which courts evaluate through the specific statutory factors set out in A.R.S. § 25-403.
In determining what the “best interests of the child” are, courts throughout the state should weigh:
- The child's relationship with each parent and any siblings in each household
- Each parent's willingness to allow a healthy relationship between the child and the other parent
- Whether either parent has historically withheld or disrupted parenting time in bad faith
- The child's adjustment to, and ability to thrive within, a given home, school, or community
- The mental and physical health of the parents and the child in question
- The child's own preferences, depending on age, maturity, and capacity to make consequential decisions and judgments
The court’s decisions should be holistic, weighing each of these and all other relevant variables. Our Scottsdale child custody attorneys will present a similarly holistic case on your behalf, communicating every reason why the court should see things your way.
Circumstances Change: We Fight for Child Custody Modifications That Benefit Both Client and Child
There are many particular types of child custody issues and cases. The need to modify an existing order is one we see often.
Custody and parenting time orders can be modified when life changes in a way that materially affects what was originally agreed or ordered. Arizona requires us to prove a substantial and continuing change in circumstances in order to modify an order.
We have seen child custody modifications triggered by:
- A significant change in either parent's work schedule, residence, mental health, or physical health
- A child's changing needs pertaining to school, health, after-school activities, or social life
- Evidence of domestic violence, substance abuse, or neglect that was not previously established
- One parent relocating or planning to relocate
- A breakdown in a co-parenting arrangement that was previously workable
Courts do not want parenting plans relitigated every time one parent is unhappy with the arrangement. However, such potential for litigation exists for a reason. If you have legitimate grounds to seek a modification of a child custody order, we are ready to fight for you.
Note that emergency modifications are available in situations involving immediate risk to the child. Such modification requests move through the court more rapidly and require a showing that the child's current situation presents an urgent safety concern.
BTL Family Law handles custody modifications for clients throughout Scottsdale and Maricopa County. Our clients have good reason to modify custody orders, but need to convince the court that their reasons are actionable. With our extensive legal training, 35+ years of experience, and tireless dedication to upholding good parents’ rights, we are the team to make your case.
If your circumstances have changed and your current order no longer fits, call BTL Family Law at (480) 307-6800 for a free, honest assessment of whether you have grounds to modify it.
Mediation Is the Right (and Strategic) Option for Some Parents in Scottsdale
One benefit of working with BTL Family Law is that you have options. We are never married to a predetermined strategy. Instead, we do the work to determine which strategy is right for each particular client (you, in this case).
Mediation is one strategy we may evaluate for you.
Mediation in Scottsdale, Arizona gives parents some control over the outcome of a child custody dispute or negotiation, rather than leaving the decision solely to a judge. Some clients prefer this, particularly when they believe a mutually agreeable arrangement is within reach.
Mediation can also be an inevitable stop in the legal process. Scottsdale courts frequently direct contested custody matters to mediation before allowing a trial, and a well-prepared client with strong counsel can use that process to their strategic advantage. We have seen this many times.
Mediation generally works best when:
- Both parents are motivated to resolve the matter
- The core dispute is about logistics rather than child safety
- Both parents are represented by counsel who can give honest assessments of whether a proposed agreement is reasonable and sustainable, rather than a quick fix to "get it over with"
BTL Family Law helps clients approach mediation as a strategic opportunity rather than a formality to be tolerated. Whether your custody matter arises within an Arizona divorce case or as a post-decree dispute, the goal will be an efficient resolution that stands the test of time.
What’s It Like Working with BTL Family Law on a Child Custody Issue in Scottsdale?
It’s like working with family, if your family were highly capable and passionate about family law.
BTL Family Law, founded by Randi Burggraff, Justin Tash, and Bryan Levy has handled custody and parenting time matters across Scottsdale and Maricopa County, for more than 35 years. We have earned a 4.9-star rating across more than 100 Google reviews. Word of mouth is a major source of clients for us, showing that we deliver on our promise of trustworthy, effective, and compassionate legal service.
Our clients get honesty from jump street, and you should expect:
- Candid, in-depth assessments detailing where your case is strong, where it is not, and what a realistic outcome looks like
- An emphasis on sound decision-making and strategy (this, rather than emotionality, is the language of Arizona’s family courts)
- Holistic representation that considers child support and the many other aspects of child custody and parental relationships
- Versatility in our strategic posture (we might encourage settlement when a strong deal is in hand, and litigation when the fight is worth it)
Our goal is never to drag out a process we know is distasteful to you and possibly to your child. We want to resolve your case in a way that protects your parental interests and, perhaps even more importantly, your child.
Answers to a Few Questions Parents Ask Us Often
As veterans in Arizona’s family courts, we have heard a few questions repeatedly from prospective and existing clients:
Can I get equal parenting time in Arizona?
Equal parenting time is possible, but it is never guaranteed.
Courts look at work schedules, school location, the child's existing routine, and each parent's ability to cooperate. Several issues can stand in the way of equal parenting time, and your lawyer’s effectiveness could be the difference that convinces the courts to see the matter your way.
Do Arizona courts favor mothers over fathers in custody cases?
Not necessarily. Arizona law explicitly prohibits courts from giving preference to either parent based on gender.
The court’s analysis should be based entirely on the best-interests factors, the child's relationship with each parent, and each parent's history of involvement and cooperation. Even so, you would not be completely irrational to be concerned about various forms of bias.
The strongest protection against negative bias is, once again, effective legal representation.
What happens if the other parent is not following the parenting plan?
Parents who are divorced, splitting up, or were never together do not always get along. Deviations from the parenting plan can be an extension of an already strained relationship or may occur for other reasons.
Violations can be addressed through an enforcement action in the Maricopa County family court. We will handle such matters for you.
At what age can a child decide which parent to live with?
Arizona law does not set a specific age at which a child's preference becomes binding. Courts can take a child's preferences into account depending on the child's age and maturity, but they are one factor among many, not a final vote.
How long does a custody case take in Maricopa County?
Cases resolved by agreement or mediation can be completed in a few months. Contested custody trials take significantly longer, depending on the court's docket and how much is genuinely in dispute. Clients who hire effective counsel (us), stay organized, respond promptly, and make realistic decisions position themselves to resolve the custody issue with minimal delay.
Call BTL Family Law Today. The Call Is Free. We Want to Resolve Your Child Custody Issue in Scottsdale for You.
Custody and parenting time decisions shape daily life for years. The terms established in the original order become the baseline for everything that follows, but they are not written in stone.
Whether you want to establish a favorable child custody order, preserve an existing custody order, or change one, prepare to fight. Persuasion and convincing are our trade, and fighting for well-intended parents in Scottsdale is our passion.
To discuss your situation with a Scottsdale child custody lawyer, call BTL Family Law at (480) 307-6800. You can also contact us online, and we will reach out to discuss your child custody concerns in Maricopa County.