Is Arizona Considered A “Mother’s State”? | Law Offices of GillespieShields

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by | Jun 23, 2021 | Uncategorized

Is Arizona Considered A “Mother’s State”?

We wanted to share information on whether women are favored in child custody disputes in Arizona since several parents have asked if courts favor mothers in child custody battles in Arizona.

No, in Arizona, courts do not favor women in child custody disputes. The court shall not prefer a parent’s proposed [parenting] plan because of the parent’s or child’s gender, according to Arizona Revised Statute Section 403.02(B).

In child custody disputes in Arizona, the law prevents a judge from favoring moms over dads. Judges, in our experience, do not exhibit a preference based on the gender of either side.

Instead, the courts treat both parents fairly, but they are primarily concerned with what a judge feels is in the best interests of the children. To learn more about parental preferences in Arizona divorce proceedings, click here.

Regardless of a person’s marital status, parenting children is the most essential and gratifying task people can undertake in their lifetime.

Mothers and fathers, on the other hand, have debated and fought for decades over their entitlement to legal custody and parenting time with their children if their marriage or partnership ends in divorce.

There is no one topic that is more emotionally charged or contentious than legal decisions and parental time disputes.

However, it is critical to safeguard parental rights and the best interests of children by hiring a skilled, empathetic, and court-experienced family law attorney to counsel and help a parent through this often painful process.

In Arizona, a woman cannot legally separate her kid from his or her father. The husband of the woman who gave birth to the kid is considered to be the father of the child born during the marriage. However, until paternity is proved, a child born to an unmarried couple does not have a legal father.

If there is no court ruling, both parents have custody of the child if the child was born to a married couple. If the parents of the child are not married, the mother gets custody of the child until the father confirms paternity.

Best Interest of the Child Standard

Most jurisdictions in the United States, including Arizona, currently use the best interest of the child standard, in which the court considers a number of criteria when determining legal decision-making, parenting time, and the principal home of the children.

When Mom and Dad are able to figure out their own agreements on decision-making, parenting time, and the split of school breaks and holidays, it is always a good thing.

When these conversations reach a stalemate, which they frequently do, you and your attorney must be prepared.

Parents must be prepared to present the court with the best appropriate parenting plan, which will include factually based information, witnesses, and evidence on both parents and the children’s connections with each parent.

It might take a long time to figure out what is in the best interests of the children.

It might contain both parents’ testimony and documentary proof, as well as other family members who have firsthand knowledge of the family.

A court-approved family, custody, or parenting expert may be called upon to offer a formal written report and testimony in a case.

Parents, children, and a variety of other collateral sources can all be interviewed by these specialists.

Any relevant papers addressing drug or alcohol misuse, medical records, mental health concerns, domestic violence, criminal charges, and school records for the parents and children may also be reviewed by the expert.

GillespieShields Mesa Arizona Top Family Law Attorney

By Azwatchdog – Own work, CC BY 2.5,

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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 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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