Family courts in Arizona make all decisions in the best interests of children, upholding this standard as its highest priority. In child custody decisions, the court presumes that continued close contact with both parents is what’s in a child’s best interests. This is considered a “rebuttable presumption,” meaning one parent may present evidence and testimony to show that continued close contact with the other parent is not in their child’s best interests or to show that their desired custody outcome is what is in the best interests of their child under their family’s unique circumstances.
When parents divorce or when child custody disputes arise between non-married parents, navigating Arizona child custody laws can quickly become confusing as well as emotionally charged. Understanding the laws and obligations parents have when a child custody decision arises, helps parents avoid contentious court battles whenever possible and helps facilitate a smoother process and less distressing transition for the children. Contact a family law lawyer from Wilson-Goodman Law Group, PLLC to understand your legal rights when navigating Arizona’s child custody laws.
In Arizona, the courts divide child custody into two parts—legal custody and physical custody. Courts make separate child custody decisions for each of the following:
Physical custody arrangements in Arizona range from primary custody with one parent and a visitation schedule with the other, to equally shared physical custody in an Arizona parenting time schedule. In some cases, one parent has full physical custody and the other parent has limited visitation or supervised visitation only.
When judges make decisions about physical and legal child custody, they consider many aspects of the parent-child relationship, including the unique family dynamics, the parent’s wishes, and the needs of the children. The court also considers a child’s wishes when they are of an age to reasonably express them—typically around age 13.
In Arizona, in child custody arrangements, parents may equally share legal decision-making custody, or one parent may have legal custody. This results in multiple potential custody arrangements such as the following:
Judges typically award shared legal (decision-making custody) to parents who demonstrate a willingness to communicate and compromise effectively.
Because Arizona family courts consider continued close contact with both parents to be in the best interests of children, a parent seeking sole custody must prove to the court why it is in their child’s best interest. Judges typically only agree to restrict one parent’s custody in cases of abuse, neglect, criminality, unsafe environment, or chronic addiction/alcoholism. Under these circumstances, a judge might restrict custody or order supervised visitation only.
Arizona courts support parents’ rights to make decisions regarding their children. They give parents every opportunity to create a shared parenting time schedule that works best for their family. Divorcing or unmarried parents may collaborate on forming the schedule and draft an agreement with the help of state guidelines, their attorneys, and mediation. When parents come to a custody arrangement that works well for their family, a judge is likely to sign the agreement into final orders as long as they don’t suspect one spouse signed under duress.
When parents are unable to reach a fair child custody agreement, or one parent asserts that continued close contact with the other parent isn’t in their child’s best interest, a judge must make the final child custody decision. When making a determination, Arizona judges consider the following:
Colorado courts are committed to the ideal of parents raising children in a warm, nurturing environment where they are allowed to thrive. This goal helps prevent children from being placed in unsafe home environments with threats to their physical and mental well-being.
Child custody proceedings begin through a court petition in the child’s jurisdiction. This could be included as part of the divorce process or as a stand-alone petition for unmarried parents. Typically, one parent files the petition and it’s served to the other parent who becomes the respondent in the process. The petition includes the requested child custody arrangement and the reason for the request.
The other parent then responds to the petition, including either their agreement to the other parent’s request or a dispute with a request for different terms.
After the response, the judge sets a court date. While awaiting court, the judge generally requests that parents attend alternative dispute resolutions through meetings with their attorneys, sessions with a professional mediator, or arbitration. The hope is that the parents will discuss the terms of child custody together with the help of mediators and child custody attorneys.
Professional mediators offer creative solutions so parents can reach an agreement on a parenting time schedule that works well for their family. When parents are unable to agree on a schedule, or one parent alleges that the other parent cannot provide a safe and nurturing environment, the case goes to court.
In court, both parents present their arguments and evidence before the judge who carefully reviews the evidence before making a binding child custody decision.
Child custody orders are legally binding. However, Arizona courts acknowledge that sometimes circumstances change and an existing child custody order is no longer in a child’s best interests. When one parent has a significant change in circumstances, that parent or the child’s other parent may file a petition for a post-judgment modification of their child custody order. The judge listens to testimony from both parents before deciding to approve or deny a modification request.
