Arizona’s child custody laws emphasize stability and uniformity
Yuma, AZ – There are a number of different factors that determine which parent will receive primary custody of a child and how custody time is divided. Arizona has a unique set of state laws that list these factors and give judges discretion to make various decisions related to custody and support issues in family law cases.
Types of custody and grounds for rulings
Most of Arizona’s child custody laws are based on the Uniform Child Custody Act, which has been used to keep these kinds of laws consistent throughout the United States. Several other states have adopted similar laws in the name of uniformity. This also helps minimize problems in cases where parents move or there are interstate issues at play, especially if the family lives close to the border of another state.
Arizona law divides custody into physical custody and legal custody. Legal custody is essentially an authority related to decision making such as healthcare, religion, schooling, and travel. Physical custody is the term that describes where the child actually lives at any given time. Courts can award legal or physical custody to one or both parents in any way they see fit to try to share their responsibilities. There can be a plan for sole physical custody for one parent, however Arizona family judges start with a presumption that joint physical custody is needed, unless evidence is presented to show otherwise.
As a practical matter, the parents will usually have to agree to some kind of parenting plan. This is like a calendar that details where the child will stay at any given time and when they are allowed to be with one parent or the other, attend events, travel, and other important matters.
The best interests of the child
Almost all states use some form of this common standard to allow the judge discretion to rule on various matters that would serve a child’s best interest. These rulings usually depend on each parent’s ability to provide things like food, healthcare, and shelter, the history and background of each parent, and stability in both terms of financial matters and ties to the community. A parent with a history of problems such as criminal charges or substance abuse may have a much more difficult time persuading a judge that they deserve significant custody rights. The child’s own preferences also become more important as they age.
Contacting a family law firm for more information
People who are dealing with family law issues can get legal help from a licensed attorney that is specific to their situation. Schneider and Onofry provide superior service to local clients in the Yuma area.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364
928-257-4887
soarizonalaw.com
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