Child custody is often one of the most contentious issues in a divorce or separation. Arizona courts aim to make decisions based on the best interests of the child, which can sometimes lead to complex and emotionally charged situations. If you’re facing a custody battle, it’s essential to understand the different types of custody, how the court makes decisions, and how to create a parenting plan that works for everyone involved.
1. Types of Custody in Arizona
In Arizona, there are two primary types of custody: legal custody and physical custody.
- Legal Custody: This refers to the right to make important decisions regarding the child’s upbringing, such as decisions about education, healthcare, and religion. Legal custody can be awarded to one or both parents, depending on what the court determines is in the best interest of the child.
- Physical Custody: This refers to where the child will live and how much time they will spend with each parent. Physical custody can also be awarded solely to one parent or shared between both parents.
2. The Best Interests of the Child Standard
Arizona courts always prioritize the best interests of the child when determining custody and parenting time. The court considers several factors, including the child’s relationship with each parent, the child’s wishes (if they are old enough to express them), each parent’s ability to provide for the child’s needs, and the child’s adjustment to home, school, and community. The court may also take into account any history of domestic violence or substance abuse.
3. Parenting Plans and Time Sharing
In most cases, parents are encouraged to work together to create a parenting plan that outlines the custody and visitation schedule, decision-making authority, and how disputes will be resolved. If the parents cannot agree on a plan, the court will step in and create one. The parenting plan should include details such as:
- The time each parent spends with the child.
- How holidays, vacations, and special occasions will be handled.
- How parents will communicate with each other about the child’s needs.
4. Modifications to Custody and Parenting Time
After a custody order is issued, it’s possible to request a modification if there’s a significant change in circumstances. This could include a change in the child’s needs, a parent moving to a different location, or one parent being unable to fulfill their parenting responsibilities. To modify a custody order, the parent requesting the change must demonstrate that the modification is in the best interest of the child.
5. Parenting Time for Non-Custodial Parents
In Arizona, both parents are entitled to reasonable parenting time unless it’s determined to be harmful to the child. Courts generally favor a parenting plan that provides both parents with significant time with the child, as long as it’s in the child’s best interests. In some cases, the court may order supervised visitation if there are concerns about the child’s safety.
Conclusion
Child custody and parenting time decisions can be complicated, but understanding the process can help you make informed decisions that are in the best interest of your child. If you’re navigating a custody dispute, having an experienced family law attorney on your side can make all the difference. Whitney Whitney Baldridge Atkinson in Kingman, AZ, is here to help you understand your rights and responsibilities. Contact us today for a consultation on your child custody case.
