Child Custody in Arizona 101: All the Basics You Need to Know in 2023

In Arizona, the law states that both parents have an equal right to custody of their children. This means that in most cases, the courts will award joint custody to both parents unless there is a compelling reason why it would not be in the best interests of the child. In this blog post, we will discuss all the basics you need to know about child custody in Arizona. We will cover topics such as what factors the court considers when making a determination, how custody is determined, and what happens if one parent decides they want to move out of state with the child.

When it comes to determining child custody in Arizona, there are several things that parents need to know, including:

1. In Arizona, child custody is determined based on the best interests of the child. This means that the court will take into account a variety of factors when making its decision, such as each parent’s ability to provide for the child, each parent’s participation in raising and caring for the child, and any history of domestic violence or substance abuse by either parent.
2. When determining who should have primary custody of a child after divorce, the court will consider a number of factors, including which parent has been more involved with day-to-day caretaking responsibilities for the child, which parent is better able to support and financially provide for the child’s needs, and whether there is any history of domestic violence or substance abuse by either parent.
3. In Arizona, grandparents and other third parties can petition the court for visitation rights, but this process is difficult and typically requires hiring a lawyer to help prove that denying the child access to a particular grandparent or other relative would not be in the child’s best interests.
4. For unmarried parents who are not married when their child is born, paternity must be established before either parent can petition for custody of the child. Paternity can be established by signing an acknowledgment at the hospital or through another legal procedure after birth if there is doubt about whether the man is actually the father.
5. When parents cannot agree on a custody arrangement, they will have to seek court intervention, which involves filing documents outlining your custody request and attending a court hearing where a judge will consider the evidence presented by both sides before making a decision. If you are thinking about seeking full or partial legal custody of your child, it’s important to consult with an experienced family law attorney who can help you understand the process and what factors the court will take into account when deciding on a case.

Factors that a court considers when determining child custody

When a court is determining custody, there are three main factors that it considers: the child’s wellbeing and development, the relationship between the parents and the child, and any history of domestic violence or abuse.

Wellbeing and development refers to how well the child is doing physically, emotionally, socially, academically, etc. This includes things like their physical health, mental health and emotional wellbeing, social relationships with friends and family members, their academic performance in school or other educational settings, etc. The court will typically look at a range of indicators to assess these areas of growth and development.

The relationship between the parents and the child is also important when determining custody. This includes things like whether both parents have regular contact with the child, whether the child feels comfortable spending time with both parents and has a good relationship with both of them, etc.

Finally, a history of domestic violence or abuse is another important consideration when determining custody. This includes any history of physical abuse against the child, as well as any evidence that either parent has been abusive towards their current or former partner. The court will consider this information in order to protect the child’s safety and well-being.

So, what do you need to know about child custody in Arizona? First and foremost, both parents have an equal right to custody of their children unless there is a compelling reason why it would not be in the best interests of the child. Secondly, the court will consider a variety of factors when making a determination, including but not limited to the wishes of the parents and the child’s best interests. Finally, if one parent decides they want to move out of state with the child, they must first obtain permission from the other parent or from the court. 

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!

Disclaimer

The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.