Tucson Child Custody Lawyer 

Like most other states, Arizona adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, this act only helps courts determine which state has jurisdiction in custody matters involving parties of different states and how they should enforce decisions made elsewhere. The UCCJEA does not establish uniform custody guidelines across the country. Instead, each state is left to make its own custody determinations as it sees fit. 

The custody laws in Arizona are contextual and their application varies from case to case. As a result, child custody negotiations have the potential to be extremely contentious and highly emotional, and they can prolong the divorce process. Each party, including parents and children, may have their own ideas regarding where the children should live, who should make decisions on their behalf, and how frequently each parent should see them. Parents will also need to negotiate child support payments. If parents cannot agree on a custody arrangement on their own, the case will go to trial for the court to decide. 

If you are facing a custody dispute, McNorton Fox PLLC can help you. Call (520) 415-2970 or message us to schedule a consultation.

Arizona Laws on Parenting Time and Legal Decision-Making Authority 

Parenting Time

The state of Arizona recognizes two types of child custody. The first is parenting time. This is roughly equivalent to physical custody in other states; but, unlike some states, Arizona does not outright grant physical custody to one parent and visitation rights to another. Rather, Arizona courts help parents establish schedules that designate the residential time each parent has with their children (hence, “parenting time”). Nevertheless, the state may grant one parent a greater share of parenting time, making them the custodial parent. 

Arizona does grant “visitation,” but this refers only to the scheduled time for people other than biological or legally adoptive parents with parenting time. 

Legal Decision-Making Authority

The second type of custody in Arizona is legal decision-making authority, also known as legal custody. As its name implies, legal decision-making authority grants one or both parents the right to make decisions on behalf of their children regarding topics like education, medical care, and religious training. 

There are situations in which a court grants one parent legal decision-making authority on one or more specific topics and to the other parent in other areas. For example, one parent may receive decision-making authority in matters pertaining to their child’s health care and the other may have authority on matters pertaining to education.

Types of Custody Arrangements in Arizona

When determining custody in Arizona, the court focuses on the best interests of the child. Here are the common types of custody arrangements:

• Sole Custody: In this arrangement, one parent is granted both parenting time and legal decision-making authority. The other parent may have visitation rights, but the primary parent is responsible for decisions regarding the child’s welfare. This type is generally awarded when one parent is deemed more fit or capable, or if there’s a concern over the other parent’s ability to care for the child.
• Joint Custody: With joint custody, both parents share responsibilities for the child. Parenting time may be divided equally, or one parent may have more time than the other. Legal decision-making authority is also shared, with both parents needing to agree on major decisions regarding the child’s education, healthcare, and general welfare.
• Shared Custody: This arrangement involves both parents sharing the time they spend with the child, usually in a manner where both parents spend equal time with the child. It is meant to ensure both parents are involved in daily decisions and parenting responsibilities.

Factors Considered in Custody Decisions

Arizona courts use several factors to determine the best custody arrangement. Some of the key elements include:

• The Child's Age and Needs: Younger children may need more stability and may benefit from a primary caregiver. Courts consider each child’s individual needs.
• Parental Ability: The court assesses each parent’s ability to care for the child, both physically and emotionally. This includes providing for their education, health, and safety.
• Special Needs: If a child has special needs, the court will determine which parent is better equipped to provide the necessary care and support.
• History of Abuse or Neglect: If either parent has a history of domestic abuse, substance abuse, or criminal behavior, the court will consider how this affects the child’s well-being.
• Child's Preference: For older children, their wishes may be considered, especially if they have the maturity to make informed decisions about their living situation.

Parenting Plans

A parenting plan is a document that outlines the custody arrangement, and it helps both parents understand their responsibilities. It’s crucial for ensuring a clear and structured approach to parenting after divorce or separation.

Here’s why a parenting plan is important:

• Clear Guidelines: The plan outlines where the child will live, when the child will visit each parent, and how decisions will be made regarding education, healthcare, etc.
• Special Circumstances: It may also address holiday schedules, vacations, and other special circumstances like a parent’s work schedule or the child’s extracurricular activities.
• To create a fair parenting plan:
• Discuss with Your Co-Parent: Open communication helps both parents come to an agreement that prioritizes the child's best interests.
• Be Flexible: Circumstances may change, so a good parenting plan allows room for adjustments when needed.
• Ensure It’s Detailed: The plan should clearly define where the child will spend time with each parent and any other important issues, such as who makes medical or educational decisions.

Need help with your child custody case? Contact us at (520) 415-2970 for experienced legal guidance and a consultation.