In this helpful article about Child Custody, we'll discuss:
Child Custody and Parenting Time in Arizona: A Comprehensive Guide
Child custody and parenting time can be complex issues, especially when it comes to legal matters in Arizona.
In this article, our Phoenix divorce lawyer will provide an overview of the laws and regulations surrounding child custody and parenting time in Arizona, and answer some frequently asked questions to help clarify the process.
Understanding Child Custody in Arizona
In Arizona, child custody is divided into two types: legal custody and physical custody.
Legal custody refers to the ability to make important decisions on behalf of the child, such as their education and healthcare. Physical custody, on the other hand, refers to where the child will live and spend their time.
In Arizona, there are several different types of custody arrangements that can be made. These include:
- Joint legal custody: Both parents have equal rights to make decisions for the child.
- Joint physical custody: The child splits their time between both parent’s homes.
- Sole legal custody: One parent has the right to make decisions for the child, while the other parent may still have visitation rights.
- Sole physical custody: The child lives with one parent and has regular visits with the other parent.
Factors Considered in Child Custody Cases
When making a determination of child custody, the court must consider the best interests of the child. The court will take into account several factors, including:
- The relationship of the child with each parent
- The ability of each parent to provide for the child’s physical and emotional needs
- The child’s wishes, if they are old enough to express them
- Any evidence of domestic violence or abuse
- Any other factors the court finds relevant
Parenting Time and Visitation in Arizona
Once a custody arrangement has been determined, parenting time, also known as visitation, will be scheduled.
The court may order a specific parenting time schedule or, if the parents can agree, they may create their own schedule.
The court will consider the child’s best interests when determining the parenting time schedule.
Modifying Child Custody and Parenting Time
Circumstances may change over time, and the custody and parenting time arrangement may no longer be in the best interests of the child. In these cases, parents may seek a modification of the arrangement.
However, it’s important to note that the court will only consider modifying a custody arrangement if there has been a significant change in circumstances, such as a change in the child’s living situation or the parents’ abilities to care for the child.
Conclusion:
Child custody and parenting time can be complex issues in Arizona, but with a clear understanding of the laws and regulations, parents can navigate the process with the best interest of their child in mind.
If you’re facing a child custody case or need to modify a current arrangement, it’s important to consult with a Phoenix divorce lawyer to ensure that your rights are protected and that your child’s best interests are upheld.
Child Custody in Arizona
Yes, one parent can be awarded sole custody in Arizona, but the court must determine that it is in the best interests of the child.
It is possible, but it can be a complex process. It’s important to consult with a Phoenix divorce attorney specializing in child custody and consider how the move will affect the child’s best interests.
The court will take into account several factors when determining custody, including each parent’s ability to provide for the child’s physical and emotional needs, the child’s relationship with each parent, and any evidence of domestic violence or abuse.
It’s important to have evidence, such as testimony from teachers, doctors, or other caregivers, to demonstrate that you are a better parent.
The specific parenting time schedule will be determined by the court or agreed upon by the parents. It can include regular visits, such as every other weekend and one evening per week, or a more liberal or restrictive schedule.
If you have physical custody of your child, you may be able to move away, but you will need to provide the other parent with notice and the opportunity to object.
Additionally, you’ll have to prove that the move is in the best interest of the child and that it does not impede the relationship between the other parent and the child. It is best to consult with an attorney to navigate this process.
Child Custody
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