Arizona Custody

2007-03-08 10:33:40

( Legal )



There are certain kinds of cases in which the court decides an Arizona custody. Most of the time, it is because spouses are undergoing an Arizona divorce or they are requesting the court to change the custody decision of an earlier divorce case.

Arizona custody may be granted to either or both spouses who divorce. It may also be given to a relative or a guardian whom the child considers as a parental figure or who had a parental relationship with the child at a considerable amount of time.

Arizona custody can be decided upon by the parents themselves. Otherwise, if the Arizona legal system is involved, only the court has the power to decide custody. Either way, in deciding custody, the best interest of the child must be taken into consideration.

In deciding the child's best interests, the court has the following considerations when granting Arizona custody:
• The child's wishes
• The wishes of the parents
• How the child interacts with each parent or other children, if any, in the family
• The health of each person involved
• The child's adjustments to home, school and community
• Which parent has primarily given care to the child in the past
• Which parent may allow the child to have meaningful contact with the other parent
• Domestic violence that may have occurred in the family
• Drug or alcohol use by either parent
• Other circumstances which may jeopardize the mental, emotional, physical or moral health of the child

Arizona custody has many forms. The court does not favor any form over another nor does it grant custody based on the gender of the parent. These are the forms of Arizona custody:

• Sole legal custody – When a parent is granted a sole legal custody, he is given power to decide on matters concerning the care and welfare of the child. Although the custodial parent may discuss these matters with the noncustodial parent, the former has the power to make the final decision.
• Joint legal custody – A joint legal custody may be requested by the parents. The court allows this with the requirement that the parents submit a parenting plan which they have agreed upon. The court may also grant a joint legal custody to both parents even if this is against the decision of both or either of the parents. Joint legal custody is not the same as joint physical custody.
• Joint physical custody – In this case, the child lives in a residence which he/she can share with both parents in equal amounts of time. A joint physical custody may be granted by the court either in a joint legal custody or a sole legal custody.


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