What is the difference between legal and physical custody?
The term "legal custody" involves the right to make major decisions regarding the health, welfare and education of the child. The term "physical custody" involves the right to spend time with the child.
What is the difference between sole and joint legal custody? The parent awarded sole legal custody makes all decisions regarding the health, education and welfare of the child without being required to consult with the other parent. When parents are awarded joint legal custody, they both participate in reaching decisions regarding the health, education and welfare of their child.
What is the difference between custodial parent and non-custodial parent?
The person with whom the child spends most of their time is considered the custodial parent, and is often called the "primary residential parent." The non-custodial parent has access to the child, but usually according to a schedule agreed to by the parents or ordered by the Court.
What is the typical visitation schedule for a non-custodial parent? Generally, depending on the age of the child and the facts of the particular case, the non-custodial parent will be allowed access to the child every other weekend, alternating holidays and a few weeks in the summer. The Superior Court of Maricopa County, Arizona uses a set of guidelines to help determine what visitation schedule the non-custodial parent will have.
Click Here to see the Arizona Model Parenting Time Plans for Parent/Child Access (this may take a while to download - slower internet connections should right-click and choose "save as," then view the file after it has finished downloading.) What factors will the Court consider when determining which parent will have custody of the child?
Generally, the court will consider all of the following factors in its effort to determine what custody arrangement is in the best interests of the child:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. 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.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. If one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has participated in the mandatory parent information program class.
10. Whether there has been domestic violence in the marriage or against the child.
11. Drug or alcohol abuse by a parent.
Is it possible to modify custody and visitation orders?
The Arizona court always has the authority to modify orders relating to child custody if the court finds that a modification is in the best interests of the child. Before the court will consider changing the current custody arrangement, the parent seeking the change must show that there has been a substantial and continuing change of circumstance that somehow has had an adverse effect on the child. Typically, the court will find such a change of circumstance if one parent moves a considerable distance away, remarries, begins abusing drugs/alcohol, causes severe problems with visitation, and the like.
How old does a child have to be before s/he can decide with which parent s/he wants to live?
In Arizona, the child's wishes may be considered regardless of the age of the child. Only the judge, however, may make the final decision on where the child will live.
My child lives in Arizona but I live in another state. Which state will enter custody orders in my case?
Generally, the state where your child has lived for the last six months will have the ability to enter orders concerning custody of your child. This rule may not apply if child custody and/or visitation orders regarding your child have already been entered by a court in another state or country. This rule may also vary depending on where you live. Consult with an attorney if you are unsure of where your lawsuit should be litigated.
My child's other parent has sole legal custody. Do I still have the right to obtain documents and information regarding my child's education and health? Arizona law states: "Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this subsection. A parent who attempts to restrict the release of documents or information by the custodian under this subsection without a prior court order is subject to appropriate legal sanctions." A.R.S. ยง 25-403(K).
My child's other parent is not paying child support. Do I still have to allow visitation?
Yes. Arizona law considers the issues of visitation and child support to be separate and distinct, so the custodial parent must continue to allow the non-custodial parent to visit with the child despite the non-custodial parent's failure to pay child support. The reasoning is this: Child support orders are based upon the financial needs of the child and the ability of the child's parents to meet those needs. Visitation orders are intended to safeguard the best interests of a child by ensuring that the child has a meaningful relationship with each parent. Because of this distinction, one parent's failure to pay support will not excuse the other parent's failure to allow visitation.