Child Custody, Child Support, Adoption & Visitation
2013 – Arizona’s custody and parenting time statute has changed in format over the years, but the actual factors that the court must consider in awarding custody and parenting time haven’t dramatically changed until now. SB1127 has passed out of the Senate and House this legislative term and it looks like those statutory changes are on their way to being adopted. Here’s the SB1127FactSheet with the narrative of what will be changed in ARS 25-403. There are also changes to ARS 25-415 regarding in loco parentis rights.
Child custody refers to the physical placement of a child and the parent/child relationship. Child custody is usually broken into 2 separate categories; physical custody and legal custody. Physical custody refers to where the child lives on a day to day basis. Legal custody refers to the responsibility and rights of a parent to make decisions pertaining to the child’s education, religion, medical issues, etc.
In Arizona, there is no legal presumption in favor of joint custody or sole custody. Each case is determined on its own merits. There are two types of joint custody: “joint legal” and “joint physical” custody. Joint legal custody typically means that one parent is the primary residential parent and generally has the children more of the time, subject to visitation by the other parent.
When joint legal custody is awarded, both parents ordinarily share in the legal decisions for the children. Joint physical custody typically means an almost 50/50 division of the children´s time. In either type of joint custody, the parents are expected to communicate and confer regarding major decisions about the children, such as education, childcare, medical and religious decisions. The Court requires both parents to attend mediation at Court, without attorneys, to discuss the settlement of all custody and visitation disagreements before those issues can be heard by a judge.
Recent Result: Mr. Cota hired me because his ex-girlfriend was prohibiting him from seeing his children. After litigating the case, he was happily reunited with his three children and received the parenting time he wanted from the courts. Court Minute Entry.
Call for a Free Consultation
It is very important to consult with an experienced attorney if you are in a fight for custody of your child/children. Call us at (520) 829-9642 for a free consultation.