• What is the
difference between legal and physical custody?
The term "legal custody" involves the
right to make major decisions regarding the health,
welfare and education of the child. The term "physical custody"
involves the right to spend time with the child.
• What is the
difference between sole and joint legal custody?
The parent awarded sole legal custody makes all decisions regarding the
health, education and welfare of the child without being required to
consult with the other parent. When parents are awarded joint legal
custody, they both participate in reaching decisions regarding the health,
education and welfare of their child.
• What is the
difference between custodial parent and non-custodial parent?
The person with whom the child spends most of their time is considered the
custodial parent, and is often called the "primary residential parent."
The non-custodial parent has access to the child, but usually according to a
schedule agreed to by the parents or ordered by the Court.
• What is the
typical visitation schedule for a non-custodial parent?
Generally, depending on the age of the child and the facts of the particular
case, the non-custodial parent will be allowed access to the child every other
weekend, alternating holidays and a few weeks in the summer. The Superior
Court of Maricopa County, Arizona uses a set of guidelines to help determine
what visitation schedule the non-custodial parent will have. Click
Here to see the Arizona Model Parenting Time Plans for Parent/Child Access
(this may take a while to download - slower internet connections should
right-click and choose "save as," then view the file after it has finished
downloading.)
Generally, the court will consider all of the following factors in its effort
to determine what custody arrangement is in the best interests of the
child:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship of the child with the child's parent or
parents, the child's siblings and any other person who may significantly affect
the child's best interest.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful
continuing contact with the other parent.
7. If one parent, both parents or neither parent has provided primary care of
the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an
agreement regarding custody.
9. Whether a parent has participated in the mandatory parent information program
class.
10. Whether there has been domestic violence in the marriage or against
the child.
11. Drug or alcohol abuse by a parent.
The Arizona court always has the authority to modify orders relating to child
custody if the court finds that a modification is in the best interests of the
child. Before the court will consider changing the current custody
arrangement, the parent seeking the change must show that there has been a
substantial and continuing change of circumstance that somehow has had an
adverse effect on the child. Typically, the court will find such a change
of circumstance if one parent moves a considerable distance away, remarries,
begins abusing drugs/alcohol, causes severe problems with visitation, and the
like.
In Arizona, the child's wishes may be considered regardless of the age of the
child. Only the judge, however, may make the final decision on where the
child will live.
Generally, the state where your child has lived for the last six months will
have the ability to enter orders concerning custody of your child. This rule may
not apply if child custody and/or visitation orders regarding your child have
already been entered by a court in another state or country. This rule may also
vary depending on where you live. Consult with an attorney if you are unsure of
where your lawsuit should be litigated.
Arizona law states: "Unless otherwise provided by court order or law,
on reasonable request both parents are entitled to have equal access to
documents and other information concerning the child's education and physical,
mental, moral and emotional health including medical, school, police, court and
other records directly from the custodian of the records or from the other
parent. A person who does not comply with a reasonable request shall reimburse
the requesting parent for court costs and attorney fees incurred by that parent
to force compliance with this subsection. A parent who attempts to restrict the
release of documents or information by the custodian under this subsection
without a prior court order is subject to appropriate legal sanctions."
A.R.S. § 25-403(K).
Yes. Arizona law considers the issues of visitation and child support
to be separate and distinct, so the custodial parent must continue to allow the
non-custodial parent to visit with the child despite the non-custodial parent's
failure to pay child support. The reasoning is this: Child support orders
are based upon the financial needs of the child and the ability of the child's
parents to meet those needs. Visitation orders are intended to safeguard
the best interests of a child by ensuring that the child has a meaningful
relationship with each parent. Because of this distinction, one parent's
failure to pay support will not excuse the other parent's failure to allow
visitation.
