Child Custody

In Arizona, child custody means decision making. It does not mean how much time a parent will spend with the child or children - that is called parenting time or visitation.

Arizona requires that the Court or the parties decide who will make decisions for the child or children in three statutory areas: education, medical care and religion. Will one parent make these decisions (sole custody) or will the parents make these decisions together (joint custody).

The legal standard for determining custody is what is in the best interests of the minor child or children. There are eleven factors the Court must consider when making a decision:

• The wishes of the child's parent or parents.
• The wishes of the child.
• The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
• The child's adjustment to home, school and community.
• The mental and physical health of all individuals involved.
• Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. (This does not apply if the Court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.)
• Who has provided primary care of the child.
• The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
• Whether a parent has attended the mandatory educational program.
• Whether either parent was convicted of an act of false reporting of child abuse or neglect.
• Whether there has been domestic violence or child abuse.

If the parents agree they will share joint custody, a Joint Custody Agreement will have to be prepared and submitted to the Court. This Agreement will detail each parent's rights and responsibilities, including his/her parenting time (visitation).

Whether you have sole or joint custody, the orders that are entered by the Court or the Agreement you enter into will be in effect until the youngest child is emancipated. If the child is young at the time of the divorce or paternity action, this can be a very long time. Having a carefully drafted detailed Agreement can make your life much, easier going forward for both the parents and the children.

If you are interested in contacting Owens & Perkins about child custody, click here or call us at 480.994.8824.