Top 5 Things to Know About Child Custody in Arizona
1. There are four parts of every child custody case.
The typical case has four parts to it: Paternity, Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making, Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time, and Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support. Except in unusual circumstances, paternity will only get ruled on once. The remaining issues of legal decision-making, parenting time, and child support are subject to ModificationAn action made to change a current court order. Modifications commonly involve parenting time, legal decision-making, child support, or spousal maintenance.Read more about Modification. Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support is modifiable at any time; Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making and Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time orders are modifiable after one year unless an emergency occurs. All modifications require you to show a change of circumstances since the last order was entered.
2. Paternity is usually easy; but when it is contested, it is complicated.
In most cases, paternity is established easily. The father files and alleges he is the father, and mother replies and admits that he is. It can be that simple. DNA testing is only necessary if there is a question as to who the father is. You should be aware, though, in a contested paternity case (“contested” means two or more people are claiming to be the father/parent), a biological father may be denied paternity even if he has a DNA test showing he’s the father. (A PresumptionA legal standard where the person who holds the presumption has the advantage in a case. When a presumption is established, the burden is on the other party to produce enough evidence to overcome the presumption. See also Rebuttable Presumption.Read more about Presumption means that while the issue is not yet decided, the Court should rule in favor of the presumption until proven otherwise). That’s because biology is one of just four presumptions Arizona recognizes. Those include a PresumptionA legal standard where the person who holds the presumption has the advantage in a case. When a presumption is established, the burden is on the other party to produce enough evidence to overcome the presumption. See also Rebuttable Presumption.Read more about Presumption that when a woman gives birth, her spouse is the other parent (Arizona has extended this presumption to the wife of the birth mother in matter with two mothers), a birth certificate signed by both parents, or an Acknowledgment of PaternityThis is a document that is signed by both a mother and a father of a child in front of a notary that declares the father is the biological parent of the child. When filed with the state, it has the effect of a court order determining paternity—and may only be challenged in…Read more about Acknowledgment of Paternity signed by both parents. When more than one presumption applies, the Court has to decide which one prevails applying “policy and logic” and giving special ConsiderationWhat a party is required to give up under the terms of a contract. Both sides must have consideration in order for a contract to be valid and enforceable. For example, A and B agree that A will walk B’s dog for $10. A’s consideration is the $10 that A is giving; B’s consideration…Read more about Consideration to someone who has already formed a parental bond with the child.
3. Legal decision-making and the right to the child’s records.
Legal decision-making is the right to make decisions regarding your child’s education, medical, religious, and Personal Care DecisionsA category of legal decision-making that has not yet been defined in the law. Generally, though, it is thought to include bigger decisions that impact a child’s life, such as whether they get an ear pierced or get a tattoo. It may include whether a child gets a smartphone or a…Read more about Personal Care Decisions. In most cases, the Court awards Joint legal decision-makingIf the court orders joint legal decision-making, the parties must agree on all decisions related to the child’s health, education, religious upbringing, or personal care.Read more about Joint legal decision-making, meaning both parents have an equal say. But even in cases, where the Court awards legal decision-making to just one PartyAn individual, entity, or the state that either brings the lawsuit or is required to respond to the lawsuit. See ARFLP Rule 3(f).Read more about Party, the other parent has a right to the child’s school and medical records—unless the Court has specifically ordered that they not have access. If you are a Legal ParentA person who is the biological or adoptive parent of the child and whose rights have been established and not terminated. See A.R.S. § 25-401(4). For biological mothers, such rights are established at birth. Fathers, though, must establish their rights to be a legal parent. See…Read more about Legal Parent, and you are being denied your child’s records, you should inform the school or doctor that you are asserting your rights under A.R.S.A.R.S. is an abbreviation for Arizona Revised Statutes. It is most commonly used as a reference. For example, if one types in, ARS 25-403 into Google or Bing, they'll likely be returned with links to Arizona's statute on the best interests factors and articles, web sites, and…Read more about A.R.S. § 25-403.06 (the law that gives you the right to the records). If they still refuse, you should contact an attorney.
4. A parenting time schedule has many parts and many options to fit the child’s needs.
The Parenting Time ScheduleThis is an agreed upon schedule of the dates and times that each parent will spend with the children. Holidays, weekends, when and where exchanges will happen.Read more about Parenting Time Schedule outlines which parent has the child at any given time. For a well-written Parenting PlanThis is the Court order that contains the legal decision-making and parenting time orders. It sets forth the parenting time schedule and includes the other custody orders.Read more about Parenting Plan, you should only need a calendar and a watch to know who has the child. Arizona law has a presumption that equal parenting time serves the child’s best interests. But certainly, that presumption can be overcome when a child’s best interests require another arrangement. When a 50-50 plan is ordered, there are several that can be ordered including a 5-2-2-5 plan (one parent has every Monday and Tuesday, the other parent has every Wednesday and Thursday, and they rotate weekends), a 2-2-3 plan (ExchangesThis is the procedure for how children are transferred from one parent’s care to the other when custody is shared. An exchange procedure must be included in any Parenting Plan.Read more about Exchanges on every Monday, Wednesday, and Friday), a week-on, week-off plan, or a plan that splits the week in half. Beyond the normal parenting schedule, the schedule should include a holiday schedule, a summer Vacation ScheduleAn order within the Parenting Plan that assigns a certain amount of vacation time to each parent. The vacation schedule supersedes the regular schedule.Read more about Vacation Schedule, a plan for how parents will communicate with the child when in the other parent’s care, a plan for how the parents will communicate with each other about the child, and how they will handle exchanges. There are many options for all of those parts of the plan, and an attorney can discuss those with you and help you determine what is best for your family’s situation.
5. Child support is done by a formula.
Child support is the simplest part of this—so long as everyone agrees what each parent’s IncomeAs defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child…Read more about Income is. A parent without a job will be attributed at least minimum wage. A parent who is voluntarily and unreasonably underemployed will be attributed their former salary. Self-employed parents may be in for a fight to determine what their income is. Once we have IncomeAs defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child…Read more about Income, the amount of parenting time days per year, account for any Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance or any other children not covered by the Child Support OrderThe order signed by the judge for child support, which besides providing the amount of child support paid each month, directs how child support should be paid, how unreimbursed medical expenses will be divided, and which parent can claim the child on taxes each tax year. The…Read more about Child Support Order, and the amount of money spent on health insurance, the formula goes quick. The Court may also include childcare and educational expenses in the formula.
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