Child
Custody & Parenting Time
Child
Custody
We know that issues of child support can quickly
become both legally and emotionally complex. Whether you choose joint legal custody
or sole custody, you need to be sure that the arrangements you reach will
be in the very best interests of your child.
Child custody
refers to the right of a person to make decisions about the
physical, educational, health and spiritual needs of the child.
There are no set rules for child custody, and Arizona courts do not
favor one parent over the other, based on gender, while deciding on
custody.
Types of Child Custody in Arizona
Broadly, there are
two different custody options that Arizona courts award. These
however, form just a general framework of child custody options, and
you may have a number of other combinations or arrangements
depending on your circumstances.
Sole Custody
When sole custody is ordered,
only one parent has the right to make important decisions for
the child. Sole custody doesn’t mean that decisions are
unilateral. Both parents may discuss these decisions, but the
parent who has been given sole custody, will have final say on
these matters.
Sole custody can be awarded to
one party by the agreement of both parents. The court may order
sole custody if there has been a history of domestic violence or
abuse, drug or alcohol abuse or other circumstances that cause
the court to question the fitness of the non-custodial parent.
The court may even award sole custody where both parents are
fit, but are simply unable to work with one another.
Joint Legal Custody
When joint legal custody is ordered,
both parents have equal right to make decisions for their child.
Neither parent will have preference over the other’s decision. In
some cases, the court may order that certain issues regarding the
child will be decided by only one parent.
A court may look at a number of
factors before deciding to award child custody to either parent.
This includes:
-
The age of the child;
-
Mental and physical heath of the
child;
-
Mental and physical health of the
parents;
-
The parent’s preferences;
-
The child’s preferences for
custody;
-
The amount of time the parent can
spare from work;
-
The progress of the child in
school;
-
Any parental history of alcohol
or drug abuse;
-
Criminal record of the parents;
-
History of domestic violence.
Custody Modification
The Arizona Superior
Court has continuing jurisdiction of its custody orders. A custody
order may be modified by agreement of the parties or if the Court
finds that there have been substantial and continuing changes of
circumstances affecting a child’s best interest. Requesting the
Court to amend a custody order is a very serious proceeding and the
factors for seeking a modification should be discussed with an
attorney that is familiar with modification proceedings.
Parenting Time
Parenting time is
another term for visitation. It is important for a child to continue
to have a meaningful relationship with both parents and Arizona
courts will order parenting time to ensure that a child has
continuing contact with both parents. However, parenting time may be
limited or even denied if a court finds that a child is at risk of
suffering from any kind of physical, mental or emotional harm
resulting from contact with a parent.
Parenting time can
vary according to a child’s age and needs. It also varies based upon
the proximity of each parent’s home. Parenting time can range from
having the child in a parent’s care for a day or two each week to
caring for the child on an equal time basis.
Parenting Time Modification
Making changes in
your parenting time schedule may not be simple, and you may need an
experienced Arizona child custody lawyer to help alter your
parenting time schedule. Certain situations may demand a
modification in parenting time. These include:
-
A job change for
one of the parents that requires him/her to be away from home
for longer periods of time;
-
The custodial
parent is moving to another state;
-
A parent, who was
earlier too busy to spend extensive parenting time, is now able
to spend more time at home because of job changes;
-
The fitness of
the parent because of drug use, criminal activity or abuse of
the child.
Parenting time can also be modified by the agreement of the
parents.
Arizona Child Custody
and Parenting Time Resources
Things you Should Know about Custody and Parenting
time
Resources for Parents
See Also:
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