Serving Children's Best Interest During Divorce

When parents get divorced, some of their primary concerns revolve around parenting time and legal decision-making for their children. An experienced lawyer can make all the difference in resolving these difficult questions. At the office of Steven C. Weinstein, Attorney at Law, we offer responsive, straightforward communication as we navigate the intricacies of parenting time and parental rights. Mr. Weinstein is a second-generation attorney, and that family legacy undergirds his commitment to helping families in Tucson and throughout Arizona.

The Parenting Plan

Every divorce that involves children includes a parenting plan. Each parenting plan is different and will be tailored to your exact familial situation. However, Arizona state law requires that the parenting plan address certain key questions. These include:

  • Will one parent have sole legal decision-making authority, or will it be shared?
  • What rights and responsibilities do each parent have around education, religion and health care?
  • What is the exact parenting schedule? Where will each child be during different vacations and holidays? When?
  • How will the child be handed off from one parent to the other?
  • How will the parents communicate with each other about the child? How often?

Keep in mind that these are the minimum requirements. Parenting plans often go into more detail, depending on the circumstances of your divorce.

Mitigating Circumstances

When a judge is weighing the specifics of a parenting plan, the judge's chief concern is the well-being of the child. Unless proven otherwise, Arizona law presumes that both parents are loving and capable and that a child will be well-served spending substantial, frequent, meaningful, and continuing parenting time with both. Factors the judge considers include:

  • The relationship between the child and each parent
  • How the child interacts with each parent, siblings and others who may be present in the household
  • How well the child is likely to adjust to each living situation
  • Health concerns, both physical and mental
  • The child's wishes, if they are old enough to have an opinion
  • Whether there is a history of child abuse, neglect, false statements or other adverse actions on the part of one or both parents

Experienced Legal Help For Families

During a divorce, children are some of the most vulnerable members. If you have questions about parenting time and legal decision making arrangements or other matters, please contact us. We are available through our online contact form, or else by phone: 520-815-0091.

Located in Tucson, we serve families throughout Arizona.