Issues of child custody are at the fore front for divorcing parents. Lot of decisions have to be made such as, Who will get custody, Will it be shared joint custody, Will one parent have sole custody, Will the other parent have visitation, Who will have the final say in matters like education and medical treatment of the child and so on.
Determining the best way to divide parenting time is a difficult task. Many times, custody and parenting time problems do not go away even after the divorce is final. If the parents cannot agree on a plan to raise their children after divorce, the court will decide matters concerning the welfare and health of a child. In that case, the court’s decision will be based on the child’s best interests. Read on to understand child custody and the process of custody in Arizona.
Custody is a legal term which refers to the right of a parent to make decisions about the welfare and care of a child. These decisions concern the health care and religious training of the child as well as decisions about his or her education.
The parent who gets custody is referred to as the custodial parent, and the child lives with the custodial parent most of the time. Each parent is given equal rights when determining custody. No parent is favored over the other in custody matters based on sex.
Parenting time, also referred to as visitation or residential time, is a legal term which refers to the child spending time with the parent who does not have sole legal custody of the child. The parent who is granted parenting time is also referred to as the non-custodial parent.
Parenting time problems arise in cases where the parents ask the court for legal separation or dissolution of marriage. Custody issues may also arise between parents who were never married, or who no longer live together. When the parents disagree on these issues, the court makes decisions regarding the child’s education, welfare, and health.
As per the Arizona legal system, only the Superior Court can decide custody and parenting time.
When one parent or person gets the custody of the child, it is referred to as sole legal custody. That parent is responsible for making all major decisions for the child. The parent with sole custody may wish to consult with the other parent regarding the child. However, the final decision is taken by the parent who has been designated by the court.
This term may refer to joint legal custody, joint physical custody, or both. In order to get joint custody of the child, both parents must agree to it and submit a parenting plan in writing to the court.
If you are going through a divorce, and have children, you will need help from an experienced attorney in Arizona who deals in child custody and family law. Contact the Cantor Law Group for a Free initial consultation at (602) 254-8880 now!
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