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Providing Knowledgeable Information About Child Custody

If you are going through a custody dispute, you no doubt have a lot of questions and concerns. I am attorney Ashley Donovan, and I can help you. For more than 10 years, I have assisted parents throughout greater Tempe and the Phoenix metro area who have a child custody challenge at hand. At Ashley Donovan Law, PLLC, I provide the information you need for all your questions. On this page, I have answered a few of the questions that I hear often from clients.

Is Arizona a 50/50 state for custody?

The state does not award 50/50 custody automatically. The judge considers a variety of factors such as the presence of substance abuse or a history of domestic violence. Barring these criteria, however, family courts try to issue 50/50 legal and physical custody whenever possible.

What is the standard custody schedule for Arizona?

Parenting schedules vary from family to family. The judge handling your case may consider a schedule for you that may not work for another family. However, the most common 50/50 child custody schedule is a 5-2-2-5 arrangement. In this schedule, the children spent five days with one parent, then two days with the other. Following this, they spend two days with the first parent and five days with the second.

Can a parent move out of state?

A parent can only relocate out of state with their child if:

  • The child’s other parent agrees to it
  • The court grants permission for relocation
  • The other parent does not have custody or visitation rights

If you are considering relocation to another state, a family lawyer like me can help you plan the move. Conversely, if your child’s other parent is trying to move out of state, I can work to prevent it.

How often is child custody modified?

You can modify an existing custody order within one year of the original court order if you or the child’s other parent undergo a significant life change. These can include:

  • Change in living arrangements
  • Relocating to another state
  • One parent failing to comply with the parenting schedule
  • Presence of substance abuse or mental illness
  • Presence of child abuse or neglect

If both parents agree to a modification, they do not have to petition the court.

What age can kids choose who they live with?

Arizona does not have an age limit for when a child can state their preference for living with one parent. Judges consider the matter on a case-by-case basis, but they do not necessarily have to grant the child’s request. Generally, the older a child, the more likely a judge is to allow them to choose with whom they live.

Get More Answers – Free Consultations Available

This is probably only a fraction of the information you need when it comes to child custody and visitation. To ask more questions, please call me at 480-900-5334 or send me an email. I give free consultations and have flexible hours.