Historically, the courts once leaned toward the mother as the default parent in custody cases, citing their typically more hands-on role in caring for children. However, with more diverse parenting roles at play today, Arizona family courts do not consider gender when determining child custody. The courts in Arizona prioritize only what is in a “child’s best interest” when considering a custody decision. All family courts in Arizona begin with the presumption that continued close contact with both parents is what is in a child’s best interest. Arizona family courts presume that both mothers and fathers have an equal right to share physical and legal (decision-making) custody of their children.
Mothers in Arizona have a right to seek custody of their children during a divorce or when unmarried. In today’s courts, no mother should presume that they will automatically gain their desired outcome when their child custody case goes to court, instead, they must become familiar with the court’s stand on child custody and be well-prepared to present their case to the court to show a judge what is in their child’s best interest.
Custody Rights for Mothers
The courts divide child custody into two parts, physical custody and legal custody. Physical custody refers to the parent the child lives with, while legal custody refers to a parent’s right to make important decisions for a child such as medical, educational, and religious decisions.
In Arizona, a mother has an equal right to both portions of child custody. Arizona offers a variety of shared parenting time schedules that work for many families, or parents may create their own schedules in a shared parenting time agreement to present to the court for a judge to sign into final orders.
If a divorcing or unmarried mother believes that shared custody is not in her child’s best interest, she must show evidence supporting her position to the court. Typically an Arizona court only limits or restricts a parent’s custody rights in cases such as the following:
- A parent’s history of abuse or neglect
- One parent has an unsafe environment for a child
- Chronic alcoholism or addiction
- Criminality
If a mother believes the children are unsafe in the other parent’s custody, she must present evidence to the court showing that granting her full custody is what is in the children’s best interest. Otherwise, a mother has a right to equally shared parenting time.
What Do the Courts Consider When Making Child Custody Decisions in a Child’s Best Interest?
Arizona family court judges listen to testimony and examine evidence when a custody case comes before the court. When deciding on a child’s best interest, they do not consider whether a parent is a mother or a father, but instead focus on the following:
- Any history of abuse, neglect, chronic addiction, or criminality
- The child’s relationship with each parent and the amount of caregiving time that each parent typically spends with the child
- The child’s ties to extended family members on each side
- The child’s ties to their school and community
- How comfortable a child is in either living situation
- Each parent’s physical and mental health and their ability to provide care
- Each parent’s willingness to facilitate and encourage the other parent’s ongoing relationship with the child
- The expressed wishes of the child if they are old enough to reasonably express their wishes
What Is a Parenting Plan in Arizona?
Arizona §25-403.02. prohibits the court from considering a parent’s gender when making child custody decisions and parenting plans for divorced or unmarried parents. Specifically, the law states:
“ If the child’s parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan …consistent with the child’s best interests. The court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent’s proposed plan because of the parent’s or child’s gender.”
Depending on the outcome of a child custody case in Arizona, parents require a parenting plan that covers their child’s physical custody schedule, legal decision-making authority, and special schedules for holidays and school vacations. Parents may have joint physical and legal custody, or one parent may have sole physical and legal custody. In some cases, one parent has joint physical custody but the other parent has sole legal custody to make decisions for the child.
Child Support in Arizona
Arizona courts use the Income Shares Model to determine child support. This model considers the combined total incomes of both parents and approximates the percentage of income each parent would spend on the children if they had remained together. The formula also considers the number of overnight custody days each parent has with the children. Under this model, the parent with the lower number of overnight custody days typically pays child support to the parent with the greater number of custody days.
Mothers in Arizona may have a right to receive child support or an obligation to pay child support depending on their financial and child custody situation.
Married Vs. Unmarried Mothers
Arizona is no longer a “Mothers’ Rights” state, but married mothers facing divorce have a presumed legal right to equal shared physical and legal custody of their children unless evidence and testimony shown to the court proves that equal custody is not in the best interests of the children.
Unlike married mothers, an unmarried mother automatically has full physical and legal custody of her child in Arizona, unless the child’s biological father establishes paternity through a court-approved laboratory test and files a petition for shared custody. A father who has established paternity may also seek sole custody of a child by showing that it is what is in the child’s best interest. Typically, a court would only consider this custody arrangement if the child’s mother has a proven history of abuse, neglect, chronic addiction, or criminality.
Establishing paternity gives a presumptive father full legal parenting rights, the right to seek shared or sole custody, and also the obligation to pay child support or the right to receive child support under the state’s guidelines, depending on the results of the custody case.
How Can a Family Law Attorney Help?
Mothers who believe that gaining primary custody of their children is what is in their children’s best interest must present a compelling case to the court. In some cases, the other parent may use false allegations or provide testimony to limit or restrict a mother’s custody. When parents cannot come to a Chandler child custody agreement as part of an out-of-court divorce settlement or as an agreement between unmarried parents, the court must decide for them. Mothers in Arizona need an assertive child custody lawyer to aggressively defend their rights and the best interests of their children. Call Stewart Law Group today so we can begin asserting your rights in your Arizona child custody case.