Understanding Child Custody in AZ
- August 13, 2014
- John R. Gaertner
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Child Custody cases in Arizona are decided in terms of what is deemed by the court to be in the best interests of the child. In order to make a determination, the court reviews evidence submitted by both parties, including testimony, financial information, and other facts considered pertinent for a final determination.
There are several different custody arrangements that can be put in place. It is crucial to the parties involved to know the options before child custody is determined.
Custody options include; Joint Custody, Legal Custody, Physical Custody, and Sole Custody.
- Joint Custody-parents share equal “legal custody” and “physical custody” rights. This means that parents participate equally in making decisions about the child’s upbringing and welfare, and split time evenly in having day-to-day care and responsibility for the child — including the parent’s right to have the child live with them.
- Legal Custody-If a parent has been awarded legal custody of a child, this means that the parent has the legal authority to make decisions about the child’s education, health and upbringing. The parent with legal custody of a child will have the authority to decide which school to send the child to, which religion the child will practice, and what sorts of medical care the child will receive
- Physical Custody-If a parent has been granted physical custody of a child, this means that the parent has the right to have the child live with him or her.
- Sole Custody-Sole physical custody is often awarded in divorce proceedings when it can be shown that one parent is unfit to be a parent, often due to financial, drug or alcohol problems. In addition, if one parent has taken to living with a new partner, and that new partner is deemed unfit to care for the child, then sole physical custody may be awarded to the parent that is in the better position to care for the child.
There are pros and cons in every scenario and some options just won’t work out in certain situations ie; one parent lives in a different state. However, what is in the best interest of the child will always be the concern of the judge. The goal is to create an environment that will allow the children to feel safe, supported and loved by both parents in the best way possible.
Source: FindLaw.com Types of Custody accessed on Aug. 13, 2014
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