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Originally Posted On: https://desertlegalgroup.com/blog/child-custody-types-az/
Different Types of Child Custody in AZ
Anyone with children understands the deep love and connections parents have with their kids. As a result, it should come as no surprise that child custody cases are often fraught with strong emotions like fear and uncertainty. Many parents are apprehensive about leaving their children with their other parent, fear that they will lose valuable parenting time, or worry about losing the right to make important decisions for their child.
It can take time to adjust to the new reality of splitting parenting time with your soon-to-be ex. Parenting plans are unique by design and should be shaped by what serves the best interest of your child. If you are currently facing a divorce or child custody case, it is crucial to begin by developing an understanding of child custody basics, including the different types of child custody.
Read on as Desert Legal Group breaks down the applicable laws, guidelines, and statutes into easy-to-understand descriptions that can empower you to make an informed decision about your child custody settlement.
What Does Legal and Physical Custody Mean?
Before any divorce or child custody matter can be finalized, the judge presiding over the case generally expects the parents to come to an agreement about the child’s legal and physical custody. Any remaining disputes will be subject to litigation and a decision by the judge in question. The court recognizes that custody is a broad term that refers to all types of authority parents have over their children. Custody can thus determine where the child lives and how much time they spend with their parents.
Arizona recognizes two main types of custody: legal and physical. In the state, legal custody is more often known as legal decision-making rights, while physical custody refers to where the child lives and the parenting time retained by each parent.
Legal Custody
Legal custody refers to the legal authority one parent has to make important decisions for their child regarding their education, medical care, and overall welfare.
Where the child goes to school, which place of worship they attend (if they do at all), and which doctor they see on a regular basis are all decisions that can only be made by the parent or parents who have legal custody over their child. Legal custody of the child lasts until the child turns 18.
Physical Custody
Physical custody refers to who has the authority to have the child in their physical presence. In most cases, physical custody is shared between both parents. Depending on the parenting plan or custody agreement, this could mean that the child lives with one parent while the non-custodial parent has physical custody of the child every other weekend. In other cases, the child may split time 50-50 between both parents or close to 50-50.
There are almost endless possibilities for physical custody and parenting time, ranging from every other day, weekends, holidays, or summers with one parent to supervised visitation by a non-custodial parent. In general, the Arizona Family Court prefers situations where children can maintain a relationship with both parents.
Joint and Sole Custody
Legal and physical custody can be either joint or sole. When legal custody is held jointly, the parents share in the responsibility of making legal decisions for the child. Joint physical custody means both parents provide shelter for the child and have a parenting time agreement. Sole custody means that one parent has primary decision-making authority over the child or provides the primary residence for the child.
It is important to note that even when one parent has sole custody, the other parent may have visitation rights. Visitation rights are generally only terminated in extreme circumstances where one or both parents are incarcerated, chronically absent, or found to be a danger to the child. This is because the courts are obligated to protect the rights of parents unless there is good cause to do otherwise. Research has consistently found that children do best when they have meaningful and substantial access to both parents.
Examples of Common Parenting Plans Following a Divorce
If both parents have joint legal and physical custody, both parents will share decision-making responsibilities. The child spends substantial time living with both parents as the schedule allows. The schedule can vary but typically involves an equal or nearly equal division of time.
In cases where one parent has sole physical custody but joint legal custody, the child lives primarily with one parent. However, both parents share decision-making responsibilities regarding the child’s upbringing, education, and health. When one parent has primary custody, the child lives mainly with them. The other parent may have visitation rights or limited joint custody, which can include weekends, holidays, and extended summer visits.
What Factors Do the Courts Consider When Establishing Custody?
When both parents can come to an agreement about custody rights, the courts will generally honor those agreements as long as they serve the best interest of the child. A judge will want to see that any parenting plan provides resources for the child and fairly divides child-rearing responsibilities so one parent isn’t overburdened, especially when it comes to finances. When one parent has greater resources but spends less time child-rearing, the courts often order that parent to pay monthly child support payments to the custodial parent.
When parents cannot come to an agreement, a judge may ultimately make that decision based on family law guidelines that allow the judge to consider these and other factors:
- The past, present, and potential future relationship between the parent and the child
- The interaction and relationship of the child with parents, siblings, and other significant individuals
- The child’s adjustment to home, school, and community
- The child’s wishes regarding legal decision-making and parenting time, if of suitable age and maturity
- The mental and physical health of all involved individuals
- Which parent is more likely to allow frequent, meaningful, and continuing contact with the other parent unless protecting the child from domestic violence or abuse
- Whether a parent intentionally misled the court to cause delays, increase litigation costs, or gain an unfair advantage.
It is important to remember that judges have wide discretion when making decisions regarding child custody. An appeal of their order will only examine whether the judge followed proper procedures and laws, not whether the order was fair.
Parents also have the option of requesting a modification to the child custody order. With the help of an attorney, a parent seeking a modification to the custody agreement may be able to demonstrate that there have been substantial circumstances that affect the child’s living conditions and welfare.
How Desert Legal Group Can Protect Your Custody Rights
Child custody disputes can be emotionally draining, especially when you are apprehensive about the future living situation your child will experience. You can avoid becoming overwhelmed and ensure the best possible outcome for your case by working with a law firm that understands the inner workings of the Arizona Family Court system. At Desert Legal Group, we recognize the crucial bond between a parent and child and the importance of protecting your fundamental rights.
Unfortunately, some individuals attempt to use the court’s will to provide for the child’s best interests to their advantage. They may make false allegations against a child’s other parent or suggest that you are not fit to parent. Our skilled attorneys can gather evidence that reflects a more accurate representation of your parenting skills and your relationship with your child. The court often favors parents who make good faith efforts to work with the other parent to make decisions in the interest of their child.
Our team of dedicated legal professionals is passionate about helping families navigate Arizona’s complex family laws. Led by experienced attorneys, we strive to offer personalized and compassionate legal representation for each of our client’s unique cases. With a client-centric approach, Desert Legal Group is ready to support and guide you at every stage of your journey.
Child Custody FAQs:
Child custody is a complicated field within family law. At Desert Legal Group, we believe in taking time to educate our clients so they can make informed decisions about child custody.
How Do I Divorce My Husband So I Can Get Custody of the Kids?
The courts start with the presumption that children benefit the most from meaningful time with both parents. The courts generally only restrict the custody rights of one parent when that parent does not want to be involved in their child’s life or is found to be unfit to parent. Parents should enter the child custody negotiations with the understanding that co-parenting serves the interests of children in the vast majority of cases.
How Does Child Custody Work in a Divorce?
When both parents can agree to the legal and physical custody of their child, the courts generally honor those agreements. The courts understand that parents understand their unique situations best and what parenting plan can work best for them. When both parents cannot come to an agreement, a judge may ultimately make that decision based on the best interests of the child.
When You Divorce, Do You Have To Fight for Custody of Your Children?
The family courts, like all civil courts, operate in an adversarial manner. That means that both sides can hire attorneys to make legal arguments on behalf of their clients. The parties that are more successful at this often have favorable outcomes in their cases. In that sense, it can sometimes feel like parents must “fight” for custody of their children. The best way to protect your parental rights is by hiring an attorney who is familiar with the local family court system.
Who Takes Custody of a 1-Year-Old Child After a Divorce?
Although some people assume that a young child automatically stays with their mother, this is not always the case. The court considers various factors, including each parent’s ability to care for the child, the child’s relationship with each parent, and any history of domestic violence or substance abuse. The goal is to ensure the child’s safety, well-being, and stability.
What Are Child Custody and Visitation?
Child custody refers to the legal right to make decisions for the child and to parent while in the physical presence of the child. Visitation rights are based on custody rights. In a divorce, your visitation rights will either be those you and your child’s other parent agree upon, or what a judge finds to be in the best interest of the child.
What If I Don’t Want Custody of My Child Post-Divorce?
If you do not want custody of a child after a divorce, the courts will consider your wishes. A judge may be reluctant to order overnight stays with a parent who does not want to be involved in the child’s life. You will still be responsible for financially supporting the child, meaning that even if your visitation rights are very limited, you will still be required to pay child support.
What Are the Custody Laws in the State of AZ?
The custody laws in Arizona allow parents to decide how the legal and physical custody is shared after a divorce. The court seeks to ensure that children have safe homes and adequate resources. The custody laws in Arizona allow a judge to make decisions about custody when the parents cannot come to a consensus.
What Are the Custody Rights of Divorced Fathers?
Arizona’s custody laws have no preference regarding gender. Both fathers and mothers have rights and responsibilities when it comes to raising children. The specific custody rights of a father’s case are determined during the court process. With strong legal representation, fathers can protect their parental rights and resolve custody disputes with favorable outcomes.
How Do Divorced Couples Deal With Child Custody?
Ideally, both parents will put the best interests of their child first and work collaboratively to create a custody agreement that promotes co-parenting. Of course, this does not mean that coming to a consensus will be easy. Family law attorneys can help facilitate the process by negotiating with opposing counsel. Mediation can help parents come to a consensus on areas of disagreement.
Does Child Support Give the Other Parent Custody?
Child support is a separate consideration from child custody, although the custody arrangement is one factor that a judge can consider when setting child support. There are many factors that are considered when child custody is set.
The financial needs of the child, the earning capacity of both parents and the physical custody agreement between both parents are important factors. The intent of child support is to ensure parents are meeting their legal obligation to contribute resources to their child’s raising proportionate to their parenting time.
How Often Do Men Win Custody?
Across the country, mothers are awarded primary custody more often than men, but those disparities are decreasing. Fathers who want 50-50 custody over their children now have a fair chance of achieving that goal, especially when they work with an experienced family law attorney willing to fight for the rights of fathers. Consult with Desert Legal Group to determine a plan to secure father’s rights in Arizona.
Why Do People Always Fight for Custody in Court?
Child custody cases are often contentious and emotional ordeals, but they do not have to be. Having legal representation who understands how to work through areas of disagreement with the other party can help you resolve your custody case without the need for litigation. In the vast majority of cases, children benefit from meaningful time with both parents and negotiations outside of court can help you ensure there are no courtroom battles for custody.
Why Would a Judge Not Grant 50/50 Custody
Judges have broad discretion when ordering child support, and they may not openly explain their reasoning for a specific order. Common reasons may include past misconduct or criminal acts by one parent. A judge must also consider which parent is best suited to provide resources for raising the child. They may also find that one parent is not willing to co-parent when awarding the other parent primary custody over a child.
If You Have Joint Custody, Can You Live With Either Parent?
If parents have joint custody over their child, the child will likely evenly split time between both homes. Children do not have a say over which parent they live with, though judges can consider the wishes of children who are mature enough to express them. The parenting plan will detail the dates when a child lives with either parent, and the parenting plan must reflect the custody agreement.
What Makes a Parent Unfit to Parent?
Parents are generally deemed to be either fit or unfit parents by the court. A fit parent is someone who wants to be involved in their child’s life and play an active role in child-rearing. A fit parent does not have a history of child abuse, child neglect, or child abandonment.
Conversely, a parent could be found to be unfit to parent for a variety of reasons. Criminal activity, long periods of absence from the child’s life, and proven incidents of child abuse are common reasons why a judge may find that one parent is not fit.
Schedule Your Child Custody Consultation Today
Parents are understandably apprehensive about establishing child custody. Change can be difficult, especially when it comes to the time you spend with your children. Once a parenting plan or custody agreement looms, the new reality of sharing the time you used to spend raising your children is often a source of dread and even fear.
When you secure representation from Desert Legal Group, our child custody lawyers will take the time to explain the different types of child custody and how they may apply to your case. We can customize a strategic plan to ensure your parental rights are protected. To schedule your consultation, contact our office today.
Sources:
- Stein, K. (2023, March 30). International consensus on co-parenting. Psychology Today. Retrieved August 23, 2024, from https://www.psychologytoday.com/us/blog/co-parenting-after-divorce/202303/international-consensus-on-co-parenting
- The Justice Foundation. (2020). Amicus brief for 20-616 cert stage. Supreme Court of the United States. Retrieved August 23, 2024, from https://www.supremecourt.gov/DocketPDF/20/20-618/162853/20201207145434898_20-616%20Amicus%20Brief%20The%20Justice%20Foundation%20cert%20stage.pdf
- Arizona Revised Statutes. (n.d.). Family law; co-parenting guidelines. Arizona State Legislature. Retrieved August 23, 2024, from https://www.azleg.gov/ars/25/00403.htm
