[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/how-to-get-sole-custody-in-arizona\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/how-to-get-sole-custody-in-arizona\/","headline":"How to Get Sole Custody in Arizona","name":"How to Get Sole Custody in Arizona","description":"Are you going through a divorce or separating from your child\u2019s other parent in Arizona? Do you want to be the parent with sole power to make decisions about your child\u2019s health, education and welfare? Do you want your child to live with you, too? If you answered yes to...","datePublished":"2019-12-03","dateModified":"2026-04-13","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/#Person","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2019\/12\/child-custody-1.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2019\/12\/child-custody-1.jpg","height":667,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/how-to-get-sole-custody-in-arizona\/","about":["Child Custody"],"wordCount":1127,"articleBody":"Are you going through a divorce or separating from your child\u2019s other parent in Arizona? Do you want to be the parent with sole power to make decisions about your child\u2019s health, education and welfare? Do you want your child to live with you, too? If you answered yes to those three questions, then you want sole custody of your child.An experienced\u00a0child custody lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C. can guide you through the process. Generally, you can secure sole custody in one of two ways \u2013 through agreement with the other parent or through a court order. Our goal will be to achieve the custody arrangement that you want and the plan which meets the best interest of your child.Read on to learn more about how to get sole custody in Arizona. To discuss the specific facts of your case, contact the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C. today. You will receive a consultation with a knowledgeable and compassionate Arizona child custody attorney.What Is Sole Custody?Custody of a child takes two forms: Legal and physical. In Arizona, the term \u201ccustody\u201d refers to legal custody. \u201cPhysical custody\u201d refers to with whom the child lives. It also refers to \u201cparenting time,\u201d or visitation rights.If you have sole custody of a child, then you are the only parent with authority to make decisions about the child\u2019s health care, education, and general welfare (such as the child\u2019s religious upbringing). You may have an informal agreement to discuss these decisions with the other parent. However, you \u2013 alone \u2013 have the legal power to make those choices.In most cases, the parent with sole custody also has physical custody of the child. The other parent, or \u201cnon-custodial\u201d parent,\u201d receives parenting time with the child. The non-custodial parent typically pays some level of child support.Parents can reach all different types of arrangements. They could agree to joint custody in which they share authority to make decisions about the child\u2019s welfare. They could also agree to a physical custody arrangement in which the child spends equal time with each parent.How Can a Parent Get Sole Custody?You and the child\u2019s other parent can agree on a parenting plan for your child after your divorce or separation. The plan can establish:Sole custody or joint custodyIf joint custody, a process for making decisionsPhysical custody and parenting timeVacation and holiday schedulesPick-up and drop-off times.A parenting plan can be as general or as specific as you and the other parent would like. You can reach this agreement through direct negotiations or through negotiations that involve the use of a mediator.A court will need to approve the parenting plan. The court\u2019s approval will depend on whether the plan meets the child\u2019s best interest. So, you must use your child\u2019s best interest as your guide when you work on a parenting plan with the other parent.If you cannot get sole custody of your child through a parenting plan, then you can ask a court to decide custody for you. In Arizona, a court will make a custody decision based on\u00a0factors\u00a0that include:The relationship that each parent maintains with the childHow custody could affect the child\u2019s relationship with siblingsChild\u2019s adjustment to his or her community, school, and homeMental and physical health of all parties involvedWhich parent will foster a loving relationship between the child and other parentWhether each parent acted transparently with the courtAny history of domestic violenceAny coercion or duress involved in obtaining a parenting agreementAny history of abuse or neglect.To prove that being granted full custody is within your child\u2019s best interests, you will need to provide different types of evidence. Proof that you are the primary caregiver, and that you maintain a loving, close relationship with your child will be important. Child counselors, teachers, friends, other parents and more may all be able to testify about the relationship.Can a Sole Custody Arrangement Be Changed?Once a court enters a child custody order, the parents must comply with it. If either parent fails to follow the court order, that parent could face serious repercussions. For instance, the court could fine the parent or hold the parent in contempt of court.If you face any difficulty with meeting the terms of a child custody order, or if you believe that the other parent is violating the order, then you can petition the court for a modification. If you show that modification is necessary due to a significant change in circumstances that affects the child\u2019s welfare, a court may modify the order \u2013 even an order which had granted sole custody to one parent.What Can My Family Law Lawyer Do for Me?It is not easy to obtain a sole custody agreement. In most cases, there is a presumption that a child maintaining a relationship with both parents is what\u2019s best for the child, barring any circumstances that would suggest otherwise. As such, in addition to gathering evidence to bolster your case that you are a great parent, you may also need to gather evidence against your spouse if they are requesting custody of your child, too.If your spouse does not want custody of your child, you can enter into an agreement that states this and present it to the court. This is the most straightforward and simplest way of achieving sole custody, although it is not always feasible.When you work with a family law attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., your attorney will manage all aspects of your sole custody claim, including:Guiding you through the law and helping you to understand the factors which the court will consider in making a custody determinationRepresenting you in all negotiations with the other parentGathering eyewitnesses and other forms of evidence to prove your case and your fitness as a parentGathering evidence to prove that your spouse is unfit to have custody of your child (if that is an issue in your case)Representing you before a courtAdvising you when it comes to negotiations and which course of action to pursue (such as out reaching a parenting plan or pursuing litigation).Get Help from an Experienced Child Custody Lawyer TodayTo learn more about child custody in Arizona and what you can do to improve your chances of being granted sole custody of your child, contact Mushkatel, Gobbato, & Kile, P.L.L.C. today. We would be glad to review your case in a confidential consultation.Visit Our Sun City Divorce Law Offices{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"FAQPage\",    \"mainEntity\": [        {            \"@type\": \"Question\",            \"name\": \"What Is Sole Custody?\",            \"acceptedAnswer\": {                \"@type\": \"Answer\",                \"text\": \"If you have sole custody of a child, then you are the only parent with authority to make decisions about the child\u2019s health care, education, and general welfare (such as the child\u2019s religious upbringing). You may have an informal agreement to discuss these decisions with the other parent. 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