When parents separate or divorce, the children’s needs must be met. If the parents cannot agree on a parenting plan, the court will impose one or make decisions about the children’s health and welfare. Choosing how much time the kid will spend with each parent and who will be the primary caregiver is often part of this process. Unmarried parents, relatives, or others may petition the court for custody or parenting time in some cases. The court’s judgment is based on the child’s best interests in each situation.

When parents split or divorce, determining child custody is frequently the most essential and toughest issue to consider. It’s very uncommon for both parents to disagree about what custody and visitation arrangement is best for the child. If the children are of legal age, they may have an opinion on where they should reside following the divorce.

Many states, including Arizona, require courts to consider the child’s wishes while choosing custody, although this is only one of the considerations they will examine.

The Difference between Custody and Parenting Time

Custody is a legal word that refers to a person’s right to make choices concerning a child’s care and wellbeing (for example, decisions about education, health care and religious training). The “custodial parent” is the parent who has custody of the children. In many situations, the kid spends the majority of his or her time with the custodial parent. The law does not prefer one kind of custody over another, nor does it make choices based on the parent’s gender.

Parenting time is a legal phrase that refers to a kid’s ability to spend time with a parent who does not have sole legal custody of the child. The “non-custodial parent” is a term used to describe this parent.

When parents seek a dissolution of their marriage (divorce) or a legal separation, custody and parenting time issues frequently emerge. Custody issues can, however, develop between parents who have never married or who no longer live together. Custody and parenting time issues persist after the divorce is finalized. Parents may argue in these situations over who makes choices regarding the kid’s health, welfare, and education, as well as where the child resides and how much parenting time a non-custodial parent gets.

Common terms used in connection with Child Custody

• Sole Custody

This indicates that a child’s legal custody is solely in the hands of one individual. The court directs that one parent be responsible for making significant decisions about the child’s care or welfare in this circumstance. Although both parents are free to address these issues, the court-appointed parent has the power to make final choices if the parents cannot agree.

• Joint Custody

This can refer to shared legal custody, joint physical custody, or a combination of the two. In most circumstances, both parents must agree to and submit a written parenting plan to the court in order to receive a joint custody order.

• Legal Custody

Legal custody refers to the situation in which one or both parents are in charge of making important choices about the child’s care and wellbeing. “Sole legal custody” refers to when legal custody is granted to only one parent. There is no legal preference for one type of custody over another.

• Joint Legal Custody

When a court awards joint legal custody, each parent has equal authority to make choices concerning the child’s care and welfare, and neither parent’s rights are superior to the other’s. Even when shared legal custody is awarded, the court may order that some decisions be made by just one parent in the best interests of the child. The court has the authority to impose joint legal custody but not shared physical custody.

The legislation also permits the court to give joint legal and physical custody, or both, in addition to sole custody.

The state of Arizona does not prefer one type of custody over another. Furthermore, due of a parent’s sex, the court may not choose that parent as a caretaker.

How to Get a Custody Order?

Only under limited circumstances can the court issue a custody order. Custody is usually decided when parents seek a formal separation or divorce, or when parents petition the court to overturn a custody decision issued in a previous separation or divorce case. When one parent files a court lawsuit to determine paternity (or maternity) of a child, custody may be ordered.

When a parent initiates a court case for legal separation or divorce and the parents are unable to agree on child custody, the court is forced to make a decision. These court rulings are made at temporary orders hearings and, if the parties are unable to reach an agreement, during final trial. The court has the ability to amend (modify) a prior custody order once a formal separation or divorce has been issued.

Can Custody Orders be Changed?

A custody order can be modified by either parent by submitting a written request to the court. To modify a current order, it must be demonstrated that the child’s best interests are being served. A fee is paid for filing the request with the Clerk of the Superior Court; however, there are restrictions on requesting a change.

For example, unless there are unique circumstances significantly harming the child’s bodily, mental, emotional, or moral health, a request may not be submitted for one year from the date of the previous ruling. If a type of joint custody has been imposed, a change can be requested at any time if there is proof of domestic violence, spousal abuse, or child abuse since the prior order. In a shared custody scenario, a parent must wait six months before requesting a change if one of the parents has failed to follow the court’s custody order.

Custody Disputes

The court may send the parents to internal court mediation services if there is a custody issue. This procedure allows the parents to agree on custody and other problems; but, if the parents are unable to agree on custody, the court will make the decision for them. 

Occasionally, the court will seek professional counsel from outside specialists who will assess the family situation and provide a custody opinion. In rare cases, the court may additionally order a social service or other organization to investigate. In every instance, the court must make a custody decision based on the child’s best interests.