A Compassionate Advocate
For Arizona Families

What to expect from the Arizona child custody process

On Behalf of | Apr 4, 2022 | Child Custody

As you begin the process of divorcing your spouse, your first concern is likely the custody of your children. You want to spend as much time with them as possible and still have a say in decisions made regarding their upbringing.

Here is a brief synopsis of how courts deal with custody in Arizona.

How do the courts view custody?

Custody is a legal term describing the right to make decisions about the welfare and care of a minor. Examples of this include religious teachings, education and health care. The parent with custody is the custodial parent. Arizona courts do not base their custody decisions on the parent’s sex, but rather on the best interest of the child.

Is it possible for parents to share custody?

In many cases, there is joint physical and legal custody of a child. This means that each parent has an equal right to make decisions about their child’s welfare. It also means that both guardians share physical custody and have set times they spend with their children.

What factors do courts consider in custody cases?

Courts in Arizona determine custody stipulations when the parents cannot come to an agreement on their own. Factors judges consider include:

  • The child’s wishes
  • The parent’s wishes
  • Who has been the primary caregiver
  • Potential for abuse of drugs or alcohol
  • Incidents of domestic violence

Child custody cases are complex and involve a lot of moving parts. Judges do their best to weigh in all relevant information before making these important decisions for families.