Legal and physical custody of a child are two different types of custody. The term “custody” in Arizona refers to legal custody. The term “physical custody” refers to who has physical custody of the child. It also refers to visiting privileges or “parenting time.”

If you have sole custody of a child, you are the only parent who may make choices concerning the child’s health, education, and general welfare (including religious upbringing). You may have an informal agreement with the other parent to discuss these decisions. You, however, have the legal authority to make such decisions.

In most situations, the parent with exclusive custody is also the child’s physical guardian. The child’s other parent, often known as the “non-custodial” parent, gets parenting time with the child. Child support is usually paid by the non-custodial parent.

Parents are able to make a variety of arrangements. They might agree to joint custody, in which they share decision-making responsibility over the child’s well-being. They might also agree on joint physical custody, in which the child spends equal time with both parents.

What Steps Can a Parent Take to Obtain Sole Custody?

After divorce or separation, you and the other parent can agree on a parenting plan for your child. The strategy can help to establish sole custody or shared custody. If there is shared custody, a procedure for making decisions must be established. It will also establish parenting time and physical custody,  schedules for vacations and holidays, and time of pick-up and drop-off. 

A parenting plan can be as broad or as detailed as you and the other parent like. This agreement can be reached through direct talks or through negotiations with the help of a mediator.

The parenting plan will need to be approved by the court. The court’s decision will be based on whether the plan is in the best interests of the child. As a result, when negotiating a parenting plan with the other parent, you must keep your child’s best interests in mind.

Is it Possible to Change a Sole Custody Arrangement?

When a court issues a child custody order, the parents are required to follow it. If either parent does not comply with the court order, they may face significant consequences.

You can ask the court for a modification if you are having trouble complying with the requirements of a child custody agreement, or if you feel the other parent is breaking the order. A court may amend an order if you prove that it is required due to a significant change in circumstances that impacts the child’s welfare – even if the order awarded sole custody to one parent.

A single custody arrangement is not simple to come by. In most situations, there is a presumption that a kid’s connection with both parents is beneficial for the child, unless there are compelling reasons to believe otherwise. As a result, in addition to gathering evidence to support your claim that you are an excellent parent, you may also need to gather evidence against your spouse if they are seeking custody of your child.

If your spouse does not desire custody of your child, you can write a contract that expresses this and submit it to the court. Although it is not always possible, this is the most easy and simple method of obtaining exclusive custody.