If you are a parent in Arizona who is going through a divorce, then you need to be aware of the child custody laws in our state. These laws can change at any time, so it is important to stay up to date on the latest information. In this article, we will discuss seven critical facts about child custody in Arizona in 2023. Keep reading for more information!

1. Sole custody is awarded in the majority of cases

In the vast majority of cases involving parents who have decided to divorce, one parent is awarded sole physical and legal custody of the children involved. This means that one person will have full authority over all decisions relating to the child’s upbringing, including where the child attends school, which doctors they see, and whether or not they practice any religion in their daily lives.

2. Joint custody may be awarded if both parents agree on its terms.

If the biological and legal parents of a child are able to reach an agreement regarding the care and upbringing of the child, the court may award both of them joint physical and legal custody of the child. To put it another way, neither parent has a distinct advantage over the other when it comes to determining how the children should be raised. In the event that you are granted joint custody of the children, you and the other parent will be expected to collaborate closely in order to ensure that all of the children’s requirements are satisfied.

3. The judge may rule for joint custody if one parent does not agree with the other’s parenting plans.

In some circumstances, the court may determine that granting sole custody of the children to one of the parents is not in the children’s best interests and will rule accordingly. For instance, if only one parent wants legal and physical custody of the child, but the other parent refuses to cooperate or work together as a team regarding the wellbeing of their child, the judge may decide to award joint legal and physical custody of the child.

4. Visitation rights vary depending on each individual situation.

If sole custody is awarded to one parent, then visitation rights are granted to the non-custodial parent. This means that the non-custodial parent will receive a certain amount of visitation time with their children and may also be able to spend holidays or special events with them. However, other factors may come into play when determining the specifics of visitation rights in any case.

5. The judge has broad discretion to determine the best interests of the children involved.

In almost every divorce case involving children, the court will make its determination based on what is considered to be in the best interests of those children. As such, it is impossible for anyone else to predict exactly how your divorce will play out without knowing all of the details involved.

6. Both parents are generally required to pay child support.

When one parent has sole custody of the children, that parent may be required to pay child support in order to help fund the costs associated with raising them. The amount that needs to be paid is generally determined based on each parent’s income, and could also take other factors into account.

7. Judges consider many different factors when making their decisions.

While all judges use similar guidelines when determining what is in a child’s best interests, it is important to note that every case will have its own set of unique circumstances and details. As such, you should never assume that your experience will play out exactly as someone else’s did or might see fit to do so unilaterally given an opportunity.

If you are going through a divorce and have questions about child custody in Arizona, then it is important to speak with an experienced family law attorney who can help you weigh your options. Take the time to ask about any other factors that could come into play in your case, as well as any other information that may be relevant. With the right legal support on your side, you can get the outcome that works best for both you and your children.​

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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