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Scottsdale Child Custody Enforcement Lawyer

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When filing for divorce with a Scottsdale divorce lawyer, you and your former spouse will need to make a series of important decisions, from property division to alimony payments. If you have children, you also need to decide who receives custody of the children and devise appropriate visitation schedules. Seeking the assistance of our Scottsdale child custody enforcement attorney protects your rights and the best interests of your child.

If your former spouse fails to adhere to your child custody order and you need assistance with enforcement, the Law Office of Karen A. Schoenau can help. Our attorney works diligently to hold the offending party accountable for violating your court order and achieve the best possible outcome for your child.

Why Choose Us

  • Our Scottsdale family law attorney has over 20 years of experience helping Arizona residents navigate complex child custody cases.
  • We will handle all aspects of your case on your behalf, leveraging our skills and resources to achieve the best possible outcome for your child.
  • Our firm understands how stressful child custody cases can be. We strive to provide you with the compassionate representation and support you need to navigate this stressful time.

Is it Illegal to Violate a Child Custody Order?

In the simplest of answers, yes. It is illegal to violate a child custody order in Arizona. For example, if there is a child custody order that grants both parents custody of the child, and you take the child out of the state without permission or refuse to let the other parent see the child, then you can be charged with custodial interference.

Common Types of Child Custody Orders

There are four types of child custody in Arizona, and they include the following:

  • Legal custody
  • Physical custody
  • Sole custody
  • Joint custody

What is Legal Custody?

If you are granted legal custody in Arizona, it means that you are legally allowed to make decisions regarding their medical care, education, religion, and other matters. Every parent technically has legal custody of their child, but it varies based on sole or joint.

Physical Custody in Arizona

Physical custody is granted to the parent who will be providing daily care for the child. Physical custody is also known as residential custody, and it outlines who the parent will live with in Arizona. Physical custody is awarded with either a joint or sole arrangement.

Sole Custody

When a parent is awarded sole custody, it means that they have the sole responsibility of caring for and making the decisions for the child. The child will live with this parent, who will be their only caregiver until the order is updated by the court. This parent is known as the custodial parent. If the other parent has visitation rights, they are known as the non-custodial parent.

Joint Custody in Arizona

If the court grants joint custody in the order, it means that both parents are legally allowed to care for the child and make decisions on their behalf. Many joint custody situations are split 50-50 when it comes to living arrangements. However, this is not always the case. In some cases, the court will take into account the following:

  • The cognitive abilities of your child
  • The work schedules of both parents
  • The support needs of the child
  • The education needs of the child
  • The financial capacity of both parents to manage a joint custody arrangement

How to Enforce A Child Custody Order in Scottsdale

There are several reasons why you may need to enforce a child custody order. For example, your former spouse may take your child out of the county without your permission, despite your agreement prohibiting this action. Your spouse may also prevent your child from seeing you during your scheduled visitation times. In severe cases, you may suspect that your spouse is abusing your child, and you need to take physical custody of him or her.

In these situations, you have the right to request the court enforce the terms of your order. To enforce a Scottsdale child support order, you will need to take the following steps.

  • First, you will need to obtain certified copies of the child support order and other court orders you need the court to enforce.
  • Next, you will need to file a Petition for Enforcement of a Child Custody Determination in Arizona court. Your child custody enforcement attorney can prepare the petition on your behalf and ensure it complies with the court’s requirements.
  • After you file your petition, the court will schedule a hearing with you and the other parent. The court will hear the claims from both parties and issue a decision. In most cases, the court will order the parent who violated the child support order to comply with the decree.

Enforcing a Scottsdale Child Custody Order if Your Child Is in Danger

If you believe your child is in danger due to your former spouse, filing a petition and waiting for a hearing is not in your best interest. In these situations, you can request the court to ask law enforcement officers to remove your child from your former spouse’s custody. However, you will need to show that your child is at risk of physical harm or may be removed from the state of Arizona. Speak to an attorney at the Law Office of Karen A. Schoenau to determine the appropriate course of action.

Schedule a Consultation with a Scottsdale Child Custody Enforcement Lawyer

If you need help enforcing your child custody order, the Law Office of Karen A. Schoenau can help. Our Scottsdale child custody enforcement attorney can represent you in your case and work towards the best possible outcome for your child. Message us today or call 480-209-1918 to schedule a consultation and learn more about your legal options.

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