Divorce is rarely a simple process, and, when there are children involved, it can be even more difficult. Oftentimes, both ex-spouses will seek custody, and the Arizona court system ultimately makes the determination if the parties cannot agree. Having some general knowledge about the child custody laws in Arizona is important to ensure that the court properly considers your interests.
Types of Custody
In Arizona, legal custody refers to the ability to make decisions for the child in regard to religion, education and any other decision affecting the child's life. Legal custody can be held by either parent solely or by both parents jointly. Joint legal custody means that both parents must make decisions for their child together, whereas sole legal custody means one parent makes those decisions alone.
Physical Custody
Physical custody, on the other hand, refers to where the child physically lives and spends his time. The court can order physical custody to be held jointly between the parents or solely to one parent. Even if one parent is awarded sole custody, the other parent may obtain some parenting time. For example, the child may live with one parent full-time, except for two weekends per month, when the child stays with the other parent.
Custody Determinations
The court will generally make a ruling based on the best interests of the child. The interests can include just about anything, including the child's wishes, the child's relationship with each parent, the ability of each parent to provide for the child and whether or not there has been any child abuse in the past by either parent. During a custody dispute in Arizona, you should make the court aware of any factor, regardless of how insignificant it seems, in regard to why the child would be in a better situation in your custody.
Parenting Plan
Under Arizona law, parents must submit to the court a proposed parenting plan that lays out each parent's responsibilities in regard to the child and the child's current living arrangements and schedule, as well as a proposed procedure if disputes arise in the future. The court will take this document into serious consideration when determining custody; therefore, ensure that the document is as inclusive as possible, so that your specific interests in obtaining custody are well-known to the court.
Attorneys
The court's determination will significantly affect your life and the life of your child. It will not be easy to change the determination. Having an attorney on your side can prove to be invaluable. Typically, attorneys specializing in family law will have a handle on the legal nuances that will help you and, many times, will be familiar with how a particular judge rules. You can find an attorney who specializes in family law in your area by contacting the State Bar of Arizona:
State Bar of Arizona
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016
602-252-4804 (from within Maricopa County)
866-482-9227 (toll-free outside Maricopa County)
