Custody battles are often one of the most emotionally charged parts of a divorce. If you are a parent in Arizona going through this process, you might be wondering: Where will my child live? and Who gets to make important decisions for them? These are big questions—but the good news is, the legal system provides clear guidelines to help answer them.
Let’s break it down in simple terms so you can understand what to expect during a child custody case in Arizona.
Parenting Time in Arizona: Where Will the Child Live?
The first part of any child custody arrangement is parenting time—essentially, where your child will live and how their time is divided between parents.
There are generally two options:
- Primary Residential Parent: The child lives primarily with one parent.
- Equal Parenting Time: The child spends an equal amount of time with both parents.
One of the most common equal time arrangements in Arizona is called the 5-2-2-5 schedule. Here is how it works:
- Parent A has the child every Monday and Tuesday
- Parent B has them every Wednesday and Thursday
- Weekends alternate between the two parents
In custody battles, Arizona courts typically favor equal parenting time, but only if it aligns with the best interests of the child.
Legal Decision-Making Authority: Who Makes the Big Decisions?
The second major child custody issue is legal decision-making authority—who has the right to make major decisions about the child’s life.
These decisions may include:
- Where the child goes to school
- What kind of medical care the child receives
- The faith in which the child is raised
There are two types of legal decision-making authority:
- Sole Legal Decision-Making: One parent has the exclusive right to make all major decisions.
- Joint Legal Decision-Making: Both parents share the responsibility and must agree on major decisions.
Arizona courts generally prefer joint legal decision-making, as it keeps both parents involved. However, if there is a history of abuse, neglect, or anything that puts the child at risk, the court may award sole decision-making to one parent.
There is also something called final decision-making authority. This happens when both parents share joint authority, but if they cannot agree after trying to work things out, one parent has the final say.
How Do Arizona Courts Decide Child Custody?
In Arizona, it all comes down to one thing: What is in the best interest of the child?
To figure this out, courts consider:
- Each parent’s involvement in the child’s life
- Each parent’s ability to meet the child’s physical and emotional needs
- The child’s overall well-being at home and school
- Any history of domestic violence, substance abuse, or other red flags
No two custody cases are the same. Judges take time to evaluate what is truly best for the child based on the specific family dynamics.
Understanding Your Parental Rights in Arizona
Going through a child custody case can feel overwhelming. But knowing your rights and what is possible can help you make informed decisions for your family.
If you are in the middle of a child custody dispute or preparing for one, take the time to learn about parenting time, legal decision-making, and how Arizona courts evaluate what is best for your child.
Every family situation is unique. When it comes to custody in Arizona, having the right information and support can make a huge difference. Contact Provident Law to schedule a consultation today.