How does child custody work in Arizona divorces?
Lowen Jones
Arizona managing attorney at Marble Law
Key Takeaways
- Best Interests of the Child: Arizona courts prioritize the child’s best interests in determining custody arrangements.
- Legal Decision-Making: This refers to the right to make major decisions for the child’s upbringing.
- Parenting Time: The actual time each parent spends with the child.
- Factors Considered: The court considers various factors, including the child’s relationship with each parent, the child’s adjustment, the parents’ mental and physical health, and any history of domestic violence or substance abuse.
Child custody is often one of the most sensitive and complex issues in a divorce. In Arizona, child custody is referred to as “legal decision-making” and “parenting time.” The state prioritizes the best interests of the child in determining these arrangements, as outlined in Arizona Revised Statutes (A.R.S.) § 25-403.
Legal Decision-Making
Legal decision-making refers to the right and responsibility to make important decisions about a child’s upbringing, including education, healthcare, religious training, and personal care decisions. Arizona recognizes two types of legal decision-making:
- Sole Legal Decision-Making: In this arrangement, one parent has the exclusive right to make major decisions for the child.
- Joint Legal Decision-Making: Both parents share the responsibility for making major decisions. Joint legal decision-making does not necessarily mean equal parenting time but ensures both parents are involved in important decisions regarding the child’s welfare.
Parenting Time
Parenting time, previously known as “physical custody,” refers to the time each parent spends with the child. The court encourages both parents to maintain frequent and meaningful contact with the child, unless it is not in the child’s best interests.
Parenting time schedules can vary greatly depending on the family’s circumstances. Common arrangements include alternating weekends, shared holidays, and extended time during school vacations. The court may also establish supervised parenting time if there are concerns about the child’s safety with one parent.
Best Interests of the Child: A.R.S. § 25-403
Arizona courts base child custody decisions on the best interests of the child. A.R.S. § 25-403 outlines several factors the court considers when determining what is in the child’s best interests:
- The child’s relationship with each parent: The court examines the strength and quality of the child’s relationship with both parents.
- The child’s adjustment to home, school, and community: The court considers the stability of the child’s current living situation and how any changes may affect the child.
- The mental and physical health of all individuals involved: The court evaluates the mental and physical health of both parents and the child to ensure the child’s well-being.
- Which parent is more likely to allow the child frequent and meaningful contact with the other parent: The court favors parents who encourage and facilitate a positive relationship with the other parent, barring any safety concerns.
- The child’s wishes: If the child is of suitable age and maturity, the court may consider the child’s preferences, though this is just one of many factors.
- Any history of domestic violence or substance abuse: The court takes allegations of domestic violence or substance abuse very seriously and may restrict custody or parenting time if necessary to protect the child.
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Parenting Plans
In Arizona, parents are encouraged to create a parenting plan that outlines the terms of legal decision-making and parenting time. A well-drafted parenting plan can prevent misunderstandings and provide a clear framework for co-parenting. The plan should include details such as the parenting time schedule, holiday arrangements, transportation responsibilities, and how parents will communicate and make decisions about the child.
If the parents can agree on a parenting plan, the court will generally approve it as long as it serves the best interests of the child. If the parents cannot agree, the court will create a plan based on the best interests of the child.
Modification of Custody Orders
Child custody orders are not set in stone. If circumstances change significantly, either parent can request a modification of the custody arrangement. However, under A.R.S. § 25-411, the court typically requires that at least one year has passed since the original order was issued unless the child is in immediate danger.
Conclusion
Child custody in Arizona revolves around the best interests of the child, focusing on legal decision-making and parenting time. The state encourages both parents to remain actively involved in their child’s life and make decisions cooperatively whenever possible. However, every situation is unique, and the court’s primary concern is ensuring the child’s safety and well-being. This article is not legal advice, and it is recommended to consult with an attorney to navigate the complexities of child custody and ensure that your rights and your child’s best interests are protected.
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