Child Custody Attorney in Gilbert, Arizona
Guidance on legal decision-making, parenting time, and modifications.
Focused advice based on your child’s best interests and your family’s needs.
Practical negotiation and strong courtroom advocacy when disputes cannot be resolved.
Gilbert Child Custody Attorney
How does Arizona define custody?
Arizona law uses the terms “legal decision-making” and “parenting time” rather than custody and visitation between parents. Legal decision-making concerns major nonemergency decisions involving education, health care, religious training, and personal care. Parenting time refers to the schedule during which each parent has access to and cares for the child. These terms are defined in A.R.S. § 25-401.
What is the difference between sole and joint legal decision-making?
Sole legal decision-making gives one parent the authority and responsibility to make major decisions for the child. Joint legal decision-making means both parents share that responsibility, although a court order may give one parent final authority over specified decisions. Legal decision-making is separate from the parenting-time schedule.
How does the court decide between sole and joint legal decision making?
The court decides legal decision-making according to the child’s best interests. It considers the factors in A.R.S. § 25-403, along with whether the parents agree, their ability to cooperate, whether any disagreement is reasonable, and whether joint decision-making is practical. The court does not favor a parent simply because that parent is the mother or father.
How is parenting time determined in Arizona?
There is no single parenting-time schedule that applies to every family. The court determines parenting time according to the child’s best interests, considering the factors in A.R.S. § 25-403. A parenting plan should address the regular schedule, holidays, transportation, communication, and how future disagreements or changes will be handled.
How does domestic violence affect legal decision-making and parenting time?
Arizona courts must treat domestic violence as contrary to a child’s best interests. A finding of significant domestic violence prevents an award of joint legal decision-making. Other findings of domestic violence may create a rebuttable presumption against awarding legal decision-making to the parent who committed the act, and the court may impose parenting-time conditions needed to protect the child and the other parent.
How can drug or alcohol abuse affect a custody case?
If the court finds that a parent abused drugs or alcohol, or had certain qualifying convictions within the twelve months before the custody request, Arizona law creates a rebuttable presumption that awarding that parent sole or joint legal decision-making is not in the child’s best interests. The court may consider testing, screening, treatment, and protective parenting-time conditions.