Custody Information & Laws in Arizona
- The state of Arizona has specific laws regarding the custody of a child.Arizona, America image by Serenitie from Fotolia.com
Child custody is an issue usually decided during divorce or separation of marriage proceedings. The custodial parent is the legally responsible party who oversees the child's well-being until the age of 18, at which time the child is legally considered to be an adult and no longer needs supervision. In the state of Arizona, there are two basic types of custody, legal and physical, and several custodial options that fall within the two categories. Arizona laws are specific, and it is important that each parent has a full understanding of what the laws entail. - Arizona state law 25-402 covers the custody options that are implemented by the state's judicial system. Sole legal custody is when only one parent is responsible for all decisions involving the child's well- being. Joint legal custody is when both parents are involved in all major decision-making involving the child and when no one parent's decision is more important than the other's. Joint physical custody is when a child's time is divided up between both parents and the child lives with both parents equally.
- A parent who does not have custodial rights to a child may be allowed visitation. Arizona law 25-408 states that a child may reside with one parent, but can spend time with the other parent. The law also states that the parents may share custody when it comes to making decisions, but that the child may actually reside with only one parent, with other parent having only visitation rights. Supervised visitation is set up when one parent has been accused, or found guilty of, harming the child. This is generally set up with a neutral party overseeing visits between the non-custodial parent and the child.
- In Arizona, a judge in a custody case aims to make a decision that is in the best interest of the child. The court system strives to ensure that both parents share in the responsibility of raising a child. Factors under consideration during a custody hearing include the parents' desires, whether a parent has participated in a parenting program, the amount of time each parent has spent with the child and which parent shows greater responsibility to the child. The court will also look at past domestic violence issues, and how the child and parents interact with one another.
Custody Options
Visitation
Judge's Determination
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