A Father's Custody Rights Are Important. Most of the time, this means that Arizona courts award the parents of a kid 50/50 custody. However, there are several instances in which dads may be denied shared custody. For example, if the parent who is not getting custody has abused or neglected their child, then the court may deny them shared custody.
In addition, if a parent has been convicted of certain crimes (such as murder), then they may be denied any form of custody. The court can also order a parent to receive only supervised visitation with their child if there is a risk of abuse due to emotional instability. Judges will usually try to work out a joint decision on custody with both parents; however, if this isn't possible, then the judge will make the final call.
It's important to understand that even if one parent wants more involvement than what is being granted by the court, it doesn't mean that they'll get it. Courts tend to favor parents who have established themselves as having good relationships with their children and who are able to provide a stable environment. If a parent cannot meet these requirements, then they will lose out to the other parent.
Arizona is a 50/50 custody state. This means that fathers and mothers enjoy equal rights when it comes to deciding where the child will live and how much involvement they will have with each other.
There is no legal presumption in Arizona that favors one parent over the other. That is, the court begins with the assumption that both parents should have shared custody. With joint custody, both parents share substantial decision-making authority as well as physical custody and control of the kid. Typically, there are three ways that joint custody can be ordered by the court: by stipulation of the parties, by default when one parent refuses to agree to an equal division of custody, or by order of a judge after hearing evidence on the topic.
Stipulated custody means that the parents have agreed upon who will have what amount of custody time with their child. This is usually done at the beginning of litigation or mediation but it can also occur later during proceedings if the parents are able to reach an agreement then they will file a stipulation with the court stating this fact. If the parents cannot come to an agreement then they will need to go to mediation or trial to have their dispute resolved by a judge.
In default custody, one parent is given sole custody of the child, without being asked or notified about it. The other parent may be given visitation rights which could be daily, weekly, or monthly depending on the circumstances. At the end of the time period specified in the order, the non-defaulting parent's rights automatically terminate unless new orders are entered by the court.
There is no legal presumption in Arizona that favors one parent over the other. That is, the court begins with the assumption that both parents should have shared custody. With joint custody, both parents share substantial decision-making authority as well as physical custody and control of the kid.
If your state's child custody laws are silent—that is, they say nothing about taking your child out of state without the other parent's permission—you are generally prohibited from doing so if your court order or parenting agreement states that you will only do so with your ex's knowledge and consent.
Parents seeking shared custody in Arizona are required by law to submit a documented parenting plan to the court. The parenting plan specifies the access terms and circumstances that must be met by both partners and on which the kid will rely. For example, if one parent wants the child to have a half-day off from school every other Thursday, this needs to be specified in the parenting plan.
There are two ways for parents to split custody of their children in Arizona: joint legal custody or sole physical custody. Under joint legal custody, each parent has the right to make important decisions about the child's life such as where he or she goes to school, who he or she spends time with, and whether he or she gets a vaccine. The parent with primary physical custody makes these decisions in the daily lives of the child.
In order for one parent to obtain sole physical custody of their child, they must show that it is in the best interest of the child by demonstrating that they are able to provide a stable and nurturing environment for the child at home. Factors that the court may consider when making this determination include the emotional attachment between the child and the parent seeking custody, the ability of the parent to care for the child's needs, and the quality of the relationship between the child and the parent sharing custody.