Family courts in Arizona make all decisions with the best interests of children as their highest priority. In matters of child custody for divorced or unmarried parents, the courts begin with the rebuttable presumption that continued close contact with both parents is what is in a child’s best interest. Having both parents actively participate in all aspects of child-rearing, including making important decisions for medical care and education, and sharing in the day-to-day routine childcare is what’s best for children except in cases of one parent’s abuse, neglect, or chronic addiction. This presumption often leads to joint custody arrangements or even a 50/50 custody plan, where both parents share equal responsibility for the child’s upbringing.
When parents divorce or an unmarried co-parent seeks joint custody, it’s important to understand the options for determining a shared parenting time schedule, including 50/50 custody, and how the court resolves these matters when parents cannot agree. The court will prioritize a balanced and equitable parenting arrangement to ensure both parents remain involved in the child’s life, fostering a stable and supportive environment for the child.
Step-by-Step Guide to Joint Custody in Arizona:
- Complete the Required Forms:
- Sensitive Data Cover Sheet
- Affidavit Regarding Minor Children
- Summons
- Petition to Establish Legal Decision-Making and Parenting Time
- Parenting Plan
- Get Documents Notarized:
- Ensure the Petition and Affidavit are notarized by a licensed notary public.
- File Forms with Your County’s Superior Court:
- Submit original notarized documents to the court clerk at your county’s Superior Court.
- Pay the applicable filing fee or submit a fee-waiver request if eligible.
- Serve the Other Parent:
- Legally serve copies of the filed documents to the other parent through a process server or sheriff’s department.
- Obtain proof of service to submit to the court.
- Attend Mandatory Parenting Class:
- Both parents must complete a court-approved parenting education program and submit proof of attendance.
Where to Obtain Forms:
- Arizona Judicial Branch Website
- Arizona Self-Help Center
- Your local county court website
How to Get Joint Custody in Arizona – Court Considerations
The court evaluates joint custody arrangements based on the best interests of the child, considering factors such as:
- The child’s relationship with each parent and siblings
- Physical and mental health of the child and parents
- History or evidence of domestic violence or child abuse
- Each parent’s ability to provide a stable, nurturing environment
For personalized assistance or legal advice, consider consulting a family law attorney experienced in Arizona custody cases.
What Is Joint Custody in Arizona?
In Arizona, joint custody typically refers to joint legal decision-making, where both parents share the right to make major decisions about their child’s education, healthcare, and other significant life choices. While Arizona encourages joint custody when possible, it is always determined by what is in the child’s best interests. It’s important to understand that while both parents may share legal decision-making, one parent is usually designated as the primary residential parent for practical purposes, as both parents cannot be designated as the sole custodial parent.
Joint custody is a legal arrangement in which both parents share the responsibilities and decision-making regarding their child’s upbringing. There are two primary aspects to joint custody in Arizona: joint legal decision-making and joint physical custody (also known as parenting time).
Joint legal decision-making means both parents have the right to make major decisions regarding their child’s education, healthcare, religious upbringing, and general well-being.
Joint physical custody (or parenting time) means the child spends significant time living with both parents, though it doesn’t necessarily mean a 50/50 split. The goal is to allow both parents to remain actively involved in the child’s daily life.
Joint custody arrangements are often encouraged in Arizona because they allow both parents to remain actively involved in the child’s life. However, the specific terms of custody can vary greatly depending on the parents’ situation and the court’s evaluation of what is in the child’s best interests.
A joint custody agreement requires parents to communicate effectively and cooperate on scheduling, drop-off and pick-up arrangements, and in making important decisions for their children on matters of education, medical care, and extra-curricular activities. Less commonly, the courts may appoint both parents joint physical custody but grant only one parent decision-making authority.
The best way to arrive at a workable joint custody plan for co-parenting after a divorce, or for unmarried parents, is to develop a parenting plan that’s mutually acceptable to both parents. Arizona judges prefer it when parents agree on a parenting plan outside of court in a settlement agreement rather than leaving it for the judge to determine in court. If parents cannot agree on a parenting plan, a judge reviews the situation, hears testimony from both sides, and makes an official determination before issuing final orders in the divorce decree.
Is Arizona a 50/50 Custody State?
Yes, Arizona law generally prefers a 50/50 parenting plan, also known as equal parenting time, as the default custody arrangement. This framework is established by the state’s family court system, which makes decisions primarily based on the child’s best interests.
While equal parenting time is a common goal, the court retains the ability to modify this arrangement if it is determined not to be in the child’s best interest. Any deviation from a 50/50 plan typically requires a very strong reason to ensure the child’s well-being remains the central focus of the court’s decision.
Agreeing to a Parenting Plan
Arizona family courts describe a parenting plan in the following way:
“A parenting plan is a document that states when the children will be with each parent (parenting time) and how major decisions will be made (legal custody).”
When both parents can examine their work schedules and their children’s schedules, communicate effectively and respectfully, and compromise with each other, they can determine a schedule that’s appropriate for their family. It’s always best when parents agree on a schedule and include it in the settlement agreement for an uncontested divorce rather than disputing custody so an impartial judge must choose or create a schedule for them.
Arizona has several popular parenting plan schedules available for parents with joint custody to choose from.
Important Considerations in Choosing a Joint Custody Parenting Plan
Every family’s circumstances are unique, as are all children. Younger children may require a different type of shared parenting plan than older children who are better able to endure lengthier separations. Before choosing a parenting plan, consider the following:
- The age and maturity of each child
- Each child’s attachment level and typical daily routine with each parent
- Any special needs of a child
- Each parent’s ability and availability to meet the needs of the children
- The distance between each parent’s home
- Transportation method
- The children’s ties to family, half-siblings, grandparents, and their community
- Whether or not parent’s work schedules are flexible
- Does one parent travel often for work?
- What will be the drop-off and pickup locations?
- Can both parents communicate well and maintain respect and civility during child exchanges?
Finally, parents should consider the practicalities involved, such as what items to pack for each child or whether or not they will keep separate wardrobes, toys, and belongings in each home.
Choosing a Parenting Plan for Equal Joint Custody
Arizona courts offer several common parenting plans that parents may use or use as a starting point when creating their individual plan for sharing equal or near-equal joint custody. Some examples include the following:
- The alternating every two days schedule in which children spend two days with parent A and then two days with parent B on a repeating schedule which allows both parents an equal number of weekend days. This schedule works well for parents with infants and young children who have difficulty spending extended periods away from one parent.
- The 3-4-4-3 schedule in which children spend three days with parent A then four days with parent B, 4 days with parent A, and then 3 days with parent B, on a repeating schedule. This works well for sharing equal time during the week and weekends with fewer transitions compared to the alternating two-day schedule.
- The every-other-week schedule in which children spend a week with parent A, then a week with parent B, then back for a week with parent A, on a continued schedule. This works best for older children and teenagers who can spend longer periods apart from each parent and have busy school, homework, and extra-curricular activity schedules.
Common Schedules for Unequal Joint Custody
Equal or 50/50 custody isn’t always appropriate for every family, depending on work schedules, the children’s attachment to a caregiving parent, or extenuating circumstances. Parents or a judge may decide on a schedule giving one parent more residential (overnight) stays than the other. Common schedules for this type of joint custody in Arizona include the following:
- The every-extended-weekend schedule, where parent A has the children from Monday to Friday morning every week, and parent B has the children from after school on Fridays until Monday morning. The downside of this schedule is that parent A doesn’t get any weekend days with the children.
- The every-other-weekend plus one weeknight evening schedule: this is a time-honored classic schedule for shared custody with one parent as the residential parent in which the children spend only every other weekend with parent B, plus one weeknight from after school through dinner time (typically on Wednesdays)
When parents cannot agree on a parenting-time schedule for equal or unequal joint custody, a judge typically chooses from whichever of the above schedules they feel is most appropriate for the family’s schedule and other circumstances. In the event that this could affect child support payments, one of our child support lawyers in Scottsdale could help assess your case.
How Can a Child Custody Attorney Near You Help?
No family court decision has a greater impact on a family’s life than child custody. When it comes to crafting or choosing a parenting-time schedule, negotiating or undergoing mediation with a divorcing spouse or other biological parent for joint custody, it’s critical to have skilled legal counsel. At Arizona Law Group, our team of divorce lawyers near you in Scottsdale and around Phoenix understand the importance of this outcome in your case. Let our custody lawyers provide representation for you during your case in Arizona.