Child Custody During Divorce in Arizona

A court’s decisions in a child custody case in the state of Arizona will be based upon the best interest and welfare of the child. The court can order sole custody of the child to one parent or joint custody of the child to both parents. That decision will be based upon several factors.

Factors on Which the Court Will Decide Sole or Joint Custody

The child’s preference of which parent to live with.
The desire and ability of each parent to allow a loving, open and consistent relationship between the child and the other parent.
The wishes of the parents regarding their child.
The child’s adjustment to his/her home, community and school.
The physical and mental health of both the child and the parents.
The relationship between the child and the parents and any siblings.
Any evidence of significant child or spousal abuse.
Any duress or coercion in attaining a custody agreement.
The parent or parents who have provided primary care of the child.

Additionally, no preferential treatment will be given to a parent’s gender when it comes to who gains custody of the child. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody, the court rules that joint or shared custody would in the best interests of the child, and it is logistically possible for both parents to have joint or shared custody of the child.

After the Child Custody Case Is Decided

The child custody order is signed by the judge and filed with the court clerk. Both parents are bound by that order. A motion to modify a custody decree of that order cannot be made until one year after the date the order goes into effect unless the court permits it on the basis of affidavits that show that the child’s present environment may seriously endanger his/her physical, mental, emotional or moral health.

A parent may petition the court for modification of a joint custody order at any time if evidence is shown that domestic violence, spousal abuse or child abuse has occurred since the joint custody order was put into effect. Six months after the joint custody order is put into effect, a parent may petition the court to modify the order if the other parent has not complied with the provisions of that order.

Getting Legal Help

Receiving all of the custodial rights you are entitled to in an Arizona child custody case is not an easy matter to resolve. An established and experienced divorce lawyer in the state of Arizona can determine which state laws apply to your case and present the strongest possible case to ensure all of your child custodial rights are considered and you receive an agreement that is satisfactory to you and that ensures the child’s best interests are met.

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