Child Custody Laws For Arizona
The child custody laws for Arizona are set down by Chapter 4 of the Title 25 of the Arizona revised statutes.
Many of the child custody laws for Arizona are similar to other states but below you will find the key points of the Arizona child custody laws.
- 25-403 sets out the basis on which the court will determine who gets custody of the child and this is based on the best interests of the child. The best interests of the child are judged by the following criteria
- The wishes of the child’s parent or parents as to custody.
- The wishes of the child as to the custodian.
- The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
- The child’s adjustment to home, school and community.
- The mental and physical health of all individuals involved.
- Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
- Whether one parent, both parents or neither parent has provided primary care of the child.
- The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
Sole or Joint Custody in Arizona
The Arizona child custody laws recognize sole or joint custody and does not have a presumption in favor of one parent over the other so the father has an equal chance. In deciding on the question of joint custody will again be based on the best interests of the child and will be most common in circumstances where there is no agreement as to custody arrangements between parents. The court can also order a joint custody arrangement where the parents agree and submit a written parenting plan.
Parenting Plans
The court will look for an agreed parenting plan if it is to award joint custody and this plan will have to address each parents rights and duties, a procedure for any disputes that may subsequently arise and a plan for the child’s living arrangements on a day to day basis. It is important to note that joint custody does not mean equal parenting time.
Chapter 4 of Title 25 of the Child Custody laws for Arizona goes on to make provisions for the following matters:
- Domestic violence and child abuse
- Drug offenses
- Other criminal convictions and any risk to the child and the need for notification
- How to identify the primary care giver
- Access to records
- Rights of the non custodial parent
- Visitation rights of grandparents
- Custody hearings and the cost thereof
- Modification of custody orders
- Child support and many other matters.
All of the child custody laws for Arizona are freely available on the website of the Arizona state at www.azleg.gov website. Most states have their laws concerning child custody and child support available on the net and they are not nearly as incomprehensible or difficult to read as you might have imagined.
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Filed under Child Custody Laws In The United States, Joint Custody Laws by Terry
