Child Custody in Arizona
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Arizona professionals that will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Arizona, not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements in Arizona
There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. In Arizona, the Superior Court has jurisdiction over family law, including custody cases. The Superior Court is considered one court with locations in each of the 15 counties in the state.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
Arizona law splits custody into legal decision-making (sole or joint), and parenting time. When deciding who will have legal decision-making, a judge will consider the child’s physical and emotional well-being, as well as the child’s wishes. Generally, the judge will try to make sure that both parents share the rights and responsibilities of parenting. In fact, even if sole legal-decision making is awarded, the other parent is still entitled to some form of meaningful parenting time with their child.
There must be a substantial change in circumstances before the court will consider a modification to a custody order. Generally, one year must have passed before the court will consider modifications. To change a custody order you need to file a motion with the Superior Court that issued the order.
Even when children only live with one parent, the other parent can still be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. Arizona state laws vary on what might result in parental termination.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.
Joint legal-decision making may be awarded if the judge deems it to be in the best interests of the child. Under Arizona law, the past, present, and potential future relationship between each parent and the child is deemed relevant. As well, the judge will consider whether one parent intentionally tried to mislead the court to win legal decision-making powers, or to increase the cost of litigation. The judge will always consider any history of or potential for child abuse or substance abuse by a parent.
In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.
The Factors Courts Consider When Making a Decision
In Arizona, full custody is often awarded when one parent isn’t able to contribute to the responsibilities with raising the child. For example, if a parent is physically incarcerated, doesn’t have financial stability, or is involved in situations that may potentially hurt the child, the court may grant one parent full or sole custody due to the circumstances.
On the other hand, the parents are often provided joint custody. Both parents assume the responsibilities that one needs to raise a healthy and happy child. Both parents need to be able to work together to maintain consistent communication and follow the directions of the court. Sometimes parents do not work well together. Then the court is sometimes more likely to award one parent the majority of the parenting time to reduce friction.
With any Arizona joint custody case, both parents need to coordinate resources and activities to support the needs of the child. Because, the situation of your custody arrangements might vary. There may be supervised custody arrangements for one parent. Another option is a public meeting place for the child to be picked up and dropped off with the other parent.
The Basics of the Arizona Child Custody Process
Custody arrangements are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents are able to come together to find a solution that works well for the child without needing to involve the court system.
All Arizona family law cases that involve a dispute over legal decision-making or parenting time are subject to mediation. Either party can request mediation, and all oral and written communications made in mediation are confidential.
Mediation services are available through the Arizona Conciliation Court, which will schedule one or more individual or joint conferences that each party must attend. The mediator will file a report with the court describing any agreements, full or partial, that the parties reach. However, the court can deem mediation inappropriate for reasons such as parental unfitness, mental incapacity, or domestic violence.
Working with a custody lawyer as a mediator can help to advise you on the best type of custody arrangement. One that would work for the unique requirements and needs of your child. Hire an experienced Arizona child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Arizona Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. An Arizona lawyer that specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely with an attorneys help. If you’re looking to hire an experienced Arizona child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Arizona state lines.
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