Arizona Child Custody and Child Visitation

Handling legal issues in an Arizona court can be an intimidating process, but the process becomes even more difficult when issues of child custody and child visitation must be addressed. Arizona courts will make decisions based on the best interests of the child standard if parents are not able to come to compromise on child custody and child visitation issues. Arizona courts will consider a number of factors provided by Arizona law when deciding the best interest of the child. It is important that one consult an Arizona child custody attorney when dealing with child custody and child visitation issues.

Arizona Child Custody

Arizona law allows for a parent to receive either sole or joint custody of a child. The ultimate decision hinges on the child's best interests. Courts will take into account a number of factors when assessing the best interests of the child in Arizona:

• The child's parents' wishes as to the custody plan
• The child's parents' wishes as to who the custodial parent should be
• The interaction and relationship of the child with each parent
• The child's adjustment to the home, school, and the community
• Which parent is more likely to allow the child to have frequent and meaningful contact with the other parent
• Whether any parent used coercion or duress to get his or her custody wishes

When making its child custody decision, Arizona courts must make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

Joint custody of the child will be awarded if it is found that doing so is in the child's best interests. The following factors will be considered when determining if joint custody is in the child's best interests:

• The agreement or lack of an agreement by the parents regarding joint custody
• Whether a parent's dispute of joint custody is warranted or is influenced by the child's best interests
• The ability of the parents to work together in decision-making about the child
• Whether joint custody is logistically possible

Before an order of joint custody is made by the Arizona court, the parents shall submit a proposed parenting plan that includes: a) each parent's rights and responsibilities when it comes to care of the child; b) a schedule of the child's physical residence; and c) a procedure for periodic review of the plan's terms.

The importance of the child custody process warrants one to obtain legal counsel to ensure adequate representation during such proceedings. As such, you should consult an Arizona child custody attorney to assist you through child custody proceedings.

Arizona Child Visitation Rights

An Arizona noncustodial parent or nonparent's right to visit and spend time with the child is referred to as child visitation rights. A noncustodial parent is entitled to reasonable visitation rights in Arizona to ensure that the child maintains continuing and frequent contact. The only exception to this granting will be if doing so seriously endangers the child's physical, mental, or emotional well-being.

There are some cases where a parent's child visitation rights must be supervised. A parent that is one of the following may only receive supervised visitation rights: a) a registered sex offender; or b) convicted of first degree murder and the victim was the other parent. In order for this parent to receive child visitation rights, it must be found that there is no significant risk to the child and that granting visitation rights is in the best interest of the child.

Courts in Arizona may also grant grandparents reasonable visitation rights if it is in the child's best interests.Questions or concerns regarding child custody should be directed to an Arizona child custody attorney with experience working on child visitation rights.

Arizona Statutes

1. Arizona Child Custody

1. Tit. 25, Chp. 4, Art. 1 §§ 25-403

2. Arizona Visitation Rights

1. Tit. 25, Chp. 4, Art. 1 §§ 25-403.05, 25-408, 25-409