Frequently Asked Questions
regarding Children
Is there a difference between legal custody and physical custody
Yes, the legal right to make decisions and be involved in the decision making process for a child is called Legal Decision Making. The physical custody that most people are accustomed with is Parenting Time; this is your schedule of time you have access to the child. The Court can award Legal Decision Making to be made jointly, by only one parent, or that one parent has final say over the other when a decision cannot be reached.
​
Parents with Joint Legal Decision Making require that both parents share decision-making and neither parent's rights or responsibilities are superior to the other.
What decisions do I have to make with the other parent and which ones am I allowed to make on my own, if I have Joint Legal Decision Making Authority?
Joint Legal Decision Making requires that you include the other parent in all nonemergency legal decisions, specifically those for education, healthcare, religious training, and personal care decisions. This includes school choice, IEPs, medical treatment and mental health decisions. You will also be required to reach a decision with the other parent when enrolling the child in extracurricular activities when it is likely to interfere with other parent's parenting time.
Can I get full custody?
While Arizona does not have a legal presumption for equal parenting time, when it is appropriate to do so Arizona courts do award sole custody with restrictive parenting time on the other parent. The courts use equal parenting time as a starting point and will weigh considerations for the best interests of the child in determining why parenting time should not be equal. Requests for sole custody should be able to show the court that the other parent has documented issues of drug or alcohol abuse, domestic violence, mental health diagnoses or instability, serious criminal conduct, substantiated involvement with the DCS (the Department of Child Safety), or where the other parent has denied parenting time for extended periods.
Is it possible to get a custody order and support without having to wait for the case to be over?
Yes, it is possible. The Courts know that rarely do parents reach early agreements for custody and support, and do not expect parents to have to wait until final trial to get some temporary orders. In fact, when it involves parenting time the Courts like to fast-track the issue so that parents do not have to go without seeing their children. Temporary Orders can be used for parenting issues, community debts and obligations, child support, and spousal maintenance.
Can my child choose which parent she wants to live with?
No, custody determinations must be led by the best interest factors. However, there is process to let your child's wishes be known to the Court if she is of a suitable age and maturity, and the Court will take them into consideration when determining the best interest factors. We can do this by allowing a child to be interviewed, or when it shows up in reports from Court Appointed Advisors or mental health professionals.
We have never been married, and I've never really been a strong part of my kid's life. But I would like to start now. Help. How do I start to be the dad my son needs?
This is a hard and sad predicament to be in. It really is one of those "it depends" answers. Let's assume that there were no major parent fitness issues that kept you away - no domestic violence, drug use, alcohol use, mental health or violent criminal past. Does the child have any mental health issues, struggle in school, or does he harbor any resentment against you for leaving? Also, the younger the child is, the easier it will be to reunify and resolve these issues. For older children, these type of cases start out in therapeutic intervention - therapy sessions working with the child and the parent wanting into his life - and then progress into parenting time as the parent and child grow and bond together. Start slow and don't try to push too hard. Your son probably needs time to adjust as well. But be persistent, especially if Mom has given you an open door to be involved. Look for openings and be reliable.