How Are Child Custody Disputes Handled in Arizona?
Any couple going through a divorce will likely face difficult decisions, such as how to divide marital property and whether spousal support is required. However, one of the most challenging aspects of dissolving a marriage is determining who will care for the children after the couple separates. This question becomes even more complicated when one of the parents is not a U.S. citizen.
In recent years, judges are increasingly recognizing that children are better off with both parents involved in their lives. But this may be impossible if one parent is being deported because the marriage has ended. In divorces between a U.S. citizen and a non-U.S. citizen, the court must determine whether children will be better off staying in the United States or leaving the country with their parent.
Many factors can affect the court’s decision, including providing evidence and strong legal arguments for the child’s welfare with one parent over the other. It is imperative to seek excellent legal help from trusted child custody lawyers when fighting for custody of your children. Call The Dodds Law Firm, PLC today at 623-267-0026 to learn more about how we can help.
Courts Seek Best Interests of the Child
During child custody proceedings, a judge should always seek for the best interests of the children to be served. When one of the parents is facing deportation, the judge must make the difficult decision of assigning custody to the U.S. citizen or the non-citizen parent. This involves studying the relationships and attachment of the child to both parents and assessing how important it is for the child to remain near their school and activities.
Factors Affecting the Child Custody Decision
Some of the factors that could help a judge make a decision regarding child custody include:
- Age of the children
- The child’s gender
- Each parent’s capacity to care for the child
- Love and affection between the children and each parent
- Ability of parents to communicate with the child
- Mental and physical health of each parent
- Evidence of substance abuse, including alcohol
- Evidence of physical or emotional abuse
- Evidence of neglect
How Does One Spouse Being a Foreign National Affect the Child Custody Decision?
Arizona judges face a difficult decision when finalizing court orders for child custody when one parent may be leaving the country. Many judges permit the child to remain in the United States and live with the resident parent. However, this decision is based on many factors, including the child’s attachment to their current life and the ability of each parent to offer a secure, safe environment.
Chid’s Country of Habitual Residence
The current country of residence is extremely important when deciding which parent will be assigned child custody. According to the American Bar Association, the child’s best interests are often served “when custody decisions are made in the child’s country of habitual residence.” This means that the decision should be made in the United States by judges in the state where the child resides.
Involvement of Each Parent
Child custody matters should always be based on the child’s best interests, which means a judge could choose either parent to care for the children, even if that means assigning custody to the parent leaving the United States. This choice is based on evidence of each parent’s ability to care for the child, including giving financial and emotional support.
What Can I Do to Increase My Chances of a Favorable Child Custody Order?
Many parents wonder if they can do anything to increase their chances of winning custody during a divorce with a non-U.S. citizen spouse. In fact, there are some things you can do to have a better chance of a favorable outcome in your case. These include helping gather evidence of a strong relationship with your child and hiring knowledgeable child custody lawyers.
Provide Evidence of a Strong Relationship
Showing that you are capable of giving your child a safe, loving environment is critical when seeking custody during a divorce. If you and your children have suffered from abuse on the part of your spouse, it is important to provide evidence of this also.
Hire Skilled Child Custody Lawyers
Another essential part of getting favorable results during your custody battle is hiring experienced, knowledgeable child custody lawyers who understand Arizona law and will dedicate their time, skill, and effort to winning your case. At The Dodds Law Firm, PLC, we will listen carefully to your concerns and leverage our talent and experience to give you a greater chance of success.
Can Our Child Custody Attorneys Help You?
Going through a divorce can be painful and stressful. Facing the prospect of being separated from your children can make the process even more excruciating. Whether you are a U.S. citizen or a non-resident, you deserve the chance to have your voice heard when seeking custody of your children.
Our child custody attorneys promise to stand by your side during this difficult time and fight aggressively for your right to be a part of your child’s life. We will gather thorough evidence to support your case and use our powerful litigation skills to help you in your custody battle. We understand Arizona child custody laws and will make sure you know your options at this difficult time.
Don’t go it alone with so much at stake. Reach out to our skilled team of family law lawyers to enlist a powerful ally in your corner. Call us today to schedule a consultation and discuss your unique situation with our caring, capable attorneys at 623-267-0026.