In the past, family courts in Arizona and elsewhere routinely decided in favor of mothers having primary custody of children after a divorce while fathers were relegated to every other weekend visitation. Going much further back in time, mothers had no rights over their children at all during a separation or divorce. Today, Arizona parents have equal rights to their children during and after the divorce process. The court does not consider gender when making child custody decisions, but instead, considers only the best interests of children after reviewing evidence and testimony.
Consulting with a skilled Chandler family law attorney can help ensure that your rights are protected throughout this process. Courts begin with the presumption that it’s in a child’s best interest to have continued close contact with both parents unless one parent shows that it’s not in their child’s best interest to have equal custody or unsupervised contact with the children.
In the best-case divorce scenario, parents can communicate and compromise with each other, putting their children’s best interests first to develop a mutually agreeable schedule for fairly sharing parenting time and legal decision-making custody. Arizona has a variety of suggested parenting-time schedules.
Both parents have the right to continue to spend time with their children during the separation and divorce process. They may attend meetings with their attorneys to discuss shared parenting schedules and have a right to attend mediation to iron out any disputes on the parenting schedule outside of court. Once they have a workable schedule, a judge will simply sign it into binding orders along with child support orders that follow the state’s income-shares model for calculating child support.
Reaching a mutually agreed-upon decision for child custody isn’t always possible or even advisable, particularly if one parent is a danger to the children’s physical or emotional well-being. Although the court in Arizona begins with the presumption that it’s in a child’s best interest to continue to have equal time—or close to equal time—with both parents, a parent has a right to argue to the court that it’s not in a child’s best interest to have continued close contact with the other parent and present evidence and testimony supporting their case. The court typically only restricts or limits one parent’s access to their children in cases of child abuse, neglect, unsafe home environment, or chronic addiction.
When a child is born to unmarried parents, the mother is the only parent with parental rights unless the child’s biological father establishes paternity. A presumptive father may establish paternity and gain parental rights by taking a court-approved paternity test. An unmarried mother seeking child support has the right to compel the presumptive father to undergo a court-ordered paternity test to establish paternity and her right to receive child support. Establishing paternity also gives a father the right to shared custody.
Parents have certain rights under Arizona law when under allegations of child neglect or abuse referred to the Department of Children’s Services (DCS). They have the right to be informed of the complaint against them, to receive information about DCS’s investigation and decision-making process, and to refuse to cooperate with the investigation. Parents also have the right to hire an attorney and respond to the complaint. DCS must inform parents in writing of these and other rights such as the right to refuse drug and alcohol testing and to refuse entry into the home until ordered to do so by a court.
In Arizona, the courts respect parents’ rights and make all decisions in the best interests of children.
