Types of Child Custody in Arizona

Understanding the types of custody in Arizona is essential to setting goals and pursuing the outcome you desire in child custody and divorce proceedings.

Arizona courts grant two types of custody to divorced parents. Legal custody gives a parent the authority to make crucial decisions regarding a child’s education, health care, religion, and more. Physical custody, meanwhile, determines which parent a child lives with. Parents may have sole or joint custody, depending on the circumstances.

In this article, we at Mushkatel, Robbins & Becker, PLLC, explain what each of these custody categories means.

How Do Legal Custody and Joint Custody Differ?

Legal custody refers to a parent’s power to make important decisions regarding how the child is raised. For example, the parent with legal custody of a child gets to decide where the child will attend school, whether they’re brought up in a particular faith tradition (if any), approaches to any health care treatment they require, and more.

Joint custody is an arrangement in which parents share legal or physical custody or both. In joint legal custody arrangements, both parents have equal decision-making rights regarding how the child is raised. A successful joint legal custody arrangement depends on the parents’ ability to communicate and cooperate to raise their child.

In joint physical custody arrangements, both parents have time with the child living in their home. This does not necessarily mean the child’s time is split 50/50 between the parents.

What Is Split or Joint Custody, and Is It an Option in Arizona?

Joint custody, as described above, involves the parents sharing legal or physical custody or both, and is a typical arrangement granted to parents under Arizona law.

Split custody is an arrangement in which each parent of siblings has sole custody of one or more children. In other words, the siblings are split between their parents. This arrangement is rare, as courts typically prefer to keep siblings together.

Talk to an Arizona child custody attorney if you believe a split custody arrangement would be best for your family. They can review your options and help you pursue the arrangement that works best for your family’s needs.

What Do Judges Consider in Child Custody Cases in Arizona?

Arizona law says that the primary factor judges must consider in child custody cases is what arrangement best suits the child’s needs. With this in mind, the law also lists specific elements judges must examine when making custody decisions, including:

• How the relationship between the parent and child has been in the past, how it is now, and what it might be like in the future
• How the child gets along with their parents, siblings, and other important people in their life
• How well the child is doing at home, in school, and in their community
• If old enough and mature enough, what the child prefers regarding who makes decisions for them and how much time they spend with each parent
• The mental and physical health of everyone involved in the custody case
• Which parent is more likely to keep the child in regular and meaningful contact with the other parent, unless doing so could expose the child to domestic violence or abuse
• Whether a parent has lied to the court to delay the process, make it more expensive, or sway the court’s decision about custody or visitation rights
• If there has been any domestic violence or child abuse
• How much pressure or force a parent used to get an agreement on decision-making or parenting time
• Whether a parent has followed the specific legal rules and court orders related to custody
• If a parent has ever been found guilty of falsely accusing someone of child abuse or neglect

How Can a Parent Lose Custody in Arizona?

The main reasons a parent might lose custody of their child is if the court decides they are unfit to care for the child or that it would be dangerous for the child to spend time with them. For instance, any history of substance abuse or domestic violence would likely impact a judge’s custody decision. Overcoming issues like these requires help from a knowledgeable and experienced child custody lawyer.

Why Would a Judge Choose to Change Custody in Arizona?

Parents can request changes in custody arrangements once the judge signs the final custody order. However, the courts will not change a custody order without a compelling reason. Changing a custody arrangement usually requires the petitioning parent to demonstrate that the child’s other parent is dangerous or abusive.

If you suspect your child’s other parent is potentially dangerous, talk to an Arizona family law attorney immediately. They can help you gather evidence to take to the courts and ask for a change in your existing custody agreement.

How Long Can a Child Custody Case Take in Arizona?

Each child custody case in Arizona is unique, which makes it hard to estimate how long a case might take.

If both parents agree on custody details and can get along well, they likely can resolve the case within a few months. More contentious custody cases often take longer, particularly if the case goes to trial or there are accusations of domestic violence.

Working with a capable attorney can help you resolve your child custody case more quickly.

Why You Need Our Experienced Arizona Child Custody Attorneys

No matter what type of custody arrangement you want after your divorce, you need an attorney’s help to achieve a favorable outcome.

Child custody cases involve complex procedures and strict deadlines, and a mistake at any step could jeopardize your case. A child custody attorney can handle these procedures and gather evidence to support your case.

Furthermore, hiring a lawyer means you have someone to assume the legal burden. These cases take a massive physical and emotional toll, so make sure you work with someone who can make things easier for you.

Contact an Arizona Child Custody Lawyer

At Mushkatel, Robbins & Becker, PLLC, our Arizona child custody attorneys understand the unique challenges of these cases and the importance of reaching a satisfactory outcome for your family. We’re here to help you through this challenging time and protect your rights.

Call us today or complete our contact form for a free consultation.

Visit Our Arizona Child Custody Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…