When is full custody awarded to one parent in Arizona?
Yuma, AZ – In child custody cases in Arizona, courts use a standard called the best interests of the child. This is done to determine what custody arrangement will best meet the child’s needs in terms of things like education, healthcare, and social life. Although rare because there is a presumption of joint custody, it is possible that one parent may lose all of their custody rights. Here are some of the reasons why this can happen, and it is also recommended that any parents going through a custody dispute get representation from a licensed attorney.
When one parent is clearly unfit
One of the most common reasons that a parent will be given exclusive custody is because the other is considered to be unfit by the judge. This is normally because of a past history of things like child abuse, substance abuse, domestic violence, severe financial irresponsibility, or no prior attempts to establish a relationship with the child. The judge assigned to the custody hearing may believe that the parent with these kinds of problems will not be able to raise the child in a secure, stable environment.
A parent is unavailable or uninterested
There may be situations where one of the parents does not seem interested at all in helping to raise their child. It is unlikely that a court will award any custody rights to a parent that has not made any attempt to try to establish and maintain a relationship. Similarly, some parents may not want to be bothered with the court hearings and receive a default judgment against them if they do not show up or respond.
Prior and continuing mental and physical health issues
As a purely practical matter, someone who is in poor mental health, physical health, or has issues with both may not realistically be able to raise a child. This is especially true if the child is very young or has special needs that would require additional effort beyond what most parents provide. The ability of the person to make sound decisions about raising a child and following through with responsibilities can be problematic in these situations. A judge will be reluctant to award custody rights to a person who would have problems fulfilling basic parenting requirements.
Arizona divorce lawyers
Schneider and Onofry is a family law practice that focuses on things like divorces, child custody, alimony, and related matters in the Yuma area. Their lawyers are available to meet with anyone who has questions about these issues.
USAttorneys.com is a site that lists lawyers all over the country. People who need to find a local attorney can call 800-672-3103 to learn more.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364
928-257-4887
soarizonalaw.com
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