CAN MY SPOUSE FIGHT FOR CUSTODY IF I ASK FOR CHILD SUPPORT IN PHOENIX, ARIZONA?

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1 CAN MY SPOUSE FIGHT FOR CUSTODY IF I ASK FOR CHILD SUPPORT IN PHOENIX, ARIZONA? A Phoenix divorce lawyer can provide assistance to clients in pursuing a claim for child support while also protecting their right to custody of their children.

2 You should receive financial help from your ex if you are taking care of your children alone. If the other parent is not paying to contribute to the care of shared children, you can petition the court to request child support. In some cases, a parent will try to convince you not to ask for the support you are owed by threatening to ask for custody if you assert your legal rights. While this can be a frightening threat to confront, you should not be frightened or deterred from getting the financial assistance you need to care for your kids. A Phoenix divorce lawyer can provide assistance to clients in pursuing a claim for child support while also protecting their right to custody of their children. 2

3 CAN YOUR SPOUSE FIGHT FOR CUSTODY IF YOU REQUEST CHILD SUPPORT If you do not already have a child custody order in place, your spouse can petition the court in order to ask for custody at any time. You and your spouse could attend mediation to create a parenting plan and divide up visiting time. If you cannot agree, the court will consider what is in the best interests of the child when it divides custody. If your spouse is solely or primarily motivated by a desire to avoid child support, this is an important factor when a request for custody is made. The court will consider who has cared for the child over the course of the child s life and who can provide a more stable and emotionally-supportive home. 3

4 If your spouse hasn t been involved in caring for the kids and you have been the primary caregiver, you can show the court that your spouse is only becoming involved to avoid his or her financial obligations. The court should recognize the your spouse is not acting with the needs of the child in mind and likely will not award custody to the other parent. The court could potentially require visitation, since it is usually best to maintain a relationship with both parents. However, this could happen any time regardless of what your spouse s motivations are for requesting time with the kids. You should not let the threat of this outcome prevent you from asking for support. If you believe visiting with the other parent is bad for your child, then your attorney can help you to make a compelling argument about why this is not the appropriate outcome. If there is a custody arrangement already in place, then your spouse s threat to ask for custody if ordered to pay child support is likely a threat your spouse is not going to be able to fulfill. The court is not going to want to revisit a custody arrangement that passed two years ago or less because this does not provide sufficient stability for the kids. Even if a longer period of time has passed since the initial custody order was put into effect, the court is not just going to move the children into your spouse s custody. 4

5 Your spouse who seeks a modification of a custody order would need to argue that there has been a material change in circumstance such that the current custodial arrangement needs to be modified. The desire to avoid an obligation to support children is not going to be the type of material change in circumstances that is going to convince a family court judge to change who a child lives with. The bottom line is, there are very strict rules requiring every parent to pay child support to his or her kids. Your child deserves to receive support from both parents so that your kids can afford to take advantage of all of the opportunities that may be available to them over the course of their lives. Support is determine based on the income of each spouse, the time your kids spend with each parent, the special needs of your child, and other factors specific to your situation. The amount of support offered could make a big difference in the financial stability of your household. A Phoenix divorce attorney can help you to understand the laws related to custody and support and can help you to make a compelling argument to the court about why you deserve to have your kids living with you and also to receive the support you are entitled to by law. Call today to get help from an attorney to protect your children s rights. 5

6 About Singer Pistiner, P.C. In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates. At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish. Your Personal Attorneys Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case. We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution, such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements,grandparents rights, orders of protection, child relocation, and modification and enforcement issues. In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you in an efficient, timely and affordable manner. OUR FAMILY LAW ATTORNEYS PROUDLY SERVE PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA If you d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call or send us an to schedule a free initial consultation. Singer Pistiner, P.C N. 71 st St., Suite 100 Scottsdale AZ Phone: Fax: Website: 6