Divorces involving minor children are often highly emotionally contested matters that result in a great deal of litigation. We aim to help you understand Arizona’s laws concerning child custody and parenting time and how they apply to your case. When you have questions or concerns about temporary issues related to your children during your divorce proceedings, a paternity case, or a post-divorce modification action concerning your children, we can help. When you are in this situation, it is time for you to consult a top Arizona child custody lawyer at Provident Law®. Call our office today at (480) 388-3343 to schedule a divorce attorney consultation about your legal issue.
Defining Child Custody
Under Arizona law, parents have decision-making rights and parenting time rights concerning their minor children. Decision-making rights refer to legal custody or a parent’s decision-making authority over issues such as the child’s education and healthcare. Parenting time in Arizona refers to the obligation of a parent to provide basic housing and necessities of life for the child.
Best Interests of the Child
The “best interests of the child” is the legal standard that judges use to determine custody of a child in terms of both decision-making authority and parenting time. Under A.R.S. 25-403, the best interest of the child is based on consideration of various factors, including the following:
- The relationship between the parent and the child;
- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to home, school, and community;
- The wishes of the child, if the child is of suitable age and maturity;
- The mental and physical health of all individuals involved;
- Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent (except in cases of domestic violence or child abuse);
- Whether one parent intentionally misled the court to cause an unnecessary delay, increase the cost of litigation, or persuade the court about custody;
- Whether there has been domestic violence or child abuse;
- Any coercion or duress a parent uses to obtain an agreement concerning custody; or
- Whether either parent was convicted of false reporting of child abuse or neglect.
Custody Arrangements Under Arizona Custody Laws
Sole and joint custodial arrangements can exist for decision-making rights and parenting time. Sometimes, one parent has sole decision-making rights (legal custody) and parenting time (physical custody). As a result, that parent will independently make all important decisions about the child. The child also will live with that parent.
Parents also may share joint decision-making rights and parenting time. In this scenario, parents must consult and agree upon major decisions for their child. Likewise, when parents have joint parenting time, they spend roughly equal time with the child. In that case, the parents must submit a written parenting plan for approval by the court. If parents cannot agree on a parenting plan, then each parent submits their plan to the judge, who then decides what parenting plan is in the child’s best interests.
If a parent has neither sole nor joint decision-making rights, under A.R.S. 25-403.1, a parent is entitled to “reasonable” parenting time to ensure that the minor child has “substantial, frequent, meaningful and continuing contact with the parent.” The only exception is that a parent may not be entitled to reasonable parenting time if the court finds, after a hearing, that “parenting time would endanger the child’s physical, mental, moral or emotional health.”
We Are Here to Help with Your Arizona Divorce Case
Our Arizona child custody lawyers can fully explain your legal rights and responsibilities concerning Arizona’s child custody and parenting time laws. We can guide you throughout the divorce or paternity process as we advise you on these and other issues related to your children. Contact the offices of Provident Law® today at (480) 388-3343 or online and schedule an appointment to speak with the best Arizona child custody attorney about your legal matter.