Divorce Guide

Divorce Guide


Arizona Divorce Custody


According to the laws applicable in the state of Arizona, child custody is an important matter where the best interests of the child should be taken care of. The judges are required to analyze the divorce custody case so as to determine the complete capability of the parent who gets the custody. Following guidelines are considered while the custody of the child is discussed:
  • Arizona divorce custody battles are settled by first looking up into the actual feelings, desires and interests of the divorced parents with respect to custody of their child. What are the needs and wishes of the child are assessed by the judges. Then the parents who are most capable of meeting the desires and needs of the child are likely to get the custody.
  • Apart from the above mentioned factor, the parent who can continue to provide the same community to the child which the child is habituated to, gets preferred for custody.
  • Arizona courts also try to assess how much coercion has a particular parent indulged in while obtaining child custody.
  • While tackling Arizona divorce custody cases, courts always refer the divorcing adults to enroll in divorce counseling programs. If a parent is found not attending the programs suggested by the courts, courts would deduce that he/she is not very interested in parenting.
  • Who is the primary caretaker of the child? Who has been mostly involved in the grooming, dressing up of the child? These questions are often analyzed while deciding for the divorce custody cases. The parent, who has been mostly involved in the grooming of the child generally, wins the custody of the child as the bond between that parent and the child is to be maintained in the divorce.
  • Arizona courts do not take decisions on child custody based on the sex of the parent.
  • Custody is generally awarded to the parent who is most likely to follow the guidelines as laid out in the parenting plan and encourages the child to have a bond with the other parent. Non-custodian parent should not feel alienated from the custodian parent and the visitation schedule should be adhered to.
  • If Arizona courts find that joint custody is the best option to take care of the interests of the child, then the courts may proceed with it. In divorce custody cases, where the custodian parent objects to the joint custody, judges may put joint divorce custody order if they find that the argument objecting to it is not logical. If the argument is without reason and is not pertinent with the needs of the child, then also the courts may proceed with putting joint custody ruling in place.
  • Emphasis is laid on parenting plan while the handling of Arizona divorce custody cases. Both the parents should come up with an exhaustive parenting plan specifying how they would be taking decisions of the child on health, education etc. The parenting plan should also include the schedule of the child in holidays, vacations, weekend plans etc with reference to the time spent with the non-custodian parent.
  • With joint custody, Arizona courts try to make it clear that it does not refer to splitting the time of the child in two halves for each parent. But it means that the legal decisions of the child are taken jointly and the day-to-day routine of the child must involve both the parents. This is to ensure that there is an equal contribution of both the parents in the raising up of the child.
  • While settling Arizona divorce custody cases, courts offer fair access of the parents to documents of the child. These documents maybe about the child’s schooling, education, religious practices etc.
  • Judges base their final ruling after considering instances of domestic violence, child abuse, child neglect, alcoholism, substance abuse etc in the forms of police records. If the family has such a history, child custody issues become more complicated and the verdict is to the parent who can provide the safest haven to the child.
Divorce custody cases are crucial and involve many parties: two ex-spouses, children, grandparents etc. Hence, the verdicts adhere to the guidelines to ensure that the child/children involved are not unjustified.


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