Child Custody and Parenting Time
Child Custody
Child custody is commenced in actions that are filed in the superior court within the county in which the minor child permanently resides.
Generally, child custody actions arise as a result of dissolution, legal separation, maternity, and paternity actions. However, a person other than a parent may file a petition for custody of a child, if that person meets the statutory requirements of a person who has been treated as a parent by the child and who has formed a meaningful parental relationship with the child for a substantial period of time. That person is defined as “in loco parentis.”
The term “custody” refers to the person or persons assigned the responsibility for the care of the minor child. Physical custody refers to the daily care of the minor child. Legal custody refers to decisions that are made regarding the minor child’s best interests, i.e., medical, educational, religious and extracurricular activities. Custody does not refer to the amount of parenting time or the parenting time schedule that either parent spends with the minor child.
Sole and Joint Custody
Sole custody
One parent has the physical and legal custody of the child and the other parent is entitled to a reasonable parenting time schedule, unless the Court determines that parenting time would seriously endanger the child’s physical, mental, moral or emotional health.
Joint legal custody
Both parents share decision-making authority regarding the child’s best interests. Neither parent’s rights are superior, except with respect to specified decisions as set forth by the Court or the parents in final judgment or order.
Joint physical custody
The condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.
Parenting Time
Before an award of joint custody is made, the Court requires the parents to submit a proposed parenting plan, which sets forth the details for making decisions, a parenting time schedule, holidays, vacations, a procedure for disputes, and specific statutory language.
The parenting time schedule is based upon many factors, including the child’s best interests, parental fitness, and each parents’ work schedule. The Arizona Supreme Court booklet, “Model Parenting Time Plans for Parent/Child Access,” is a useful source for determining age-appropriate parenting time schedules.
Parental Fitness
Child custody and parenting time issues are the most emotional components of Family Law litigation. Consequently, issues related to child custody and parenting time are often the reasons that a Family Law case takes longer to process, becomes more expensive, and produces results that were not anticipated by the client. Generally, claims regarding parental fitness or claims that involve issues that affect the safety and/or well-being of the minor child also fall into this category.
Domestic violence, substance abuse, molestation issues, and other issues that threaten the safety and/or well-being of the child often require the assistance of additional professionals. In those cases, the Court often appoints evaluators for the purpose of determining the parents’ fitness for child custody and to establish a parenting time schedule in the best interests of the child.
In some cases, both parties are fit and proper parents; however, they require assistance for the purpose of preparing a parenting plan, including a parenting time schedule. In those cases, the Court has the ability to require the parties to attend Mediation, Conciliation Services, or an Evaluation, for the purpose of facilitating a parenting plan.
Modification/Enforcement
Custody and parenting time orders that have previously been awarded in a case may require modification prior to the time a child reaches the age of majority. In that event, a parent may file an action, provided that statutory requirements are met for the purpose of seeking a modification.
Similarly, if a party fails to comply with existing custody and parenting time orders, the other party may require assistance for the purpose of enforcing compliance. Under such circumstances, a party may seek an enforcement action or contempt action against the other party and may request sanctions and an award of reasonable attorneys’ fees and legal costs.
Please consider the Family Law team at Udall, Shumway and Lyons, P.L.C. if you need assistance regarding child custody and/or parenting time issues. We would like the opportunity to offer you our experience, knowledge and guidance.
Child custody is commenced in actions that are filed in the superior court within the county in which the minor child permanently resides.
Generally, child custody actions arise as a result of dissolution, legal separation, maternity, and paternity actions. However, a person other than a parent may file a petition for custody of a child, if that person meets the statutory requirements of a person who has been treated as a parent by the child and who has formed a meaningful parental relationship with the child for a substantial period of time. That person is defined as “in loco parentis.”
The term “custody” refers to the person or persons assigned the responsibility for the care of the minor child. Physical custody refers to the daily care of the minor child. Legal custody refers to decisions that are made regarding the minor child’s best interests, i.e., medical, educational, religious and extracurricular activities. Custody does not refer to the amount of parenting time or the parenting time schedule that either parent spends with the minor child.
Sole and Joint Custody
Sole custody
One parent has the physical and legal custody of the child and the other parent is entitled to a reasonable parenting time schedule, unless the Court determines that parenting time would seriously endanger the child’s physical, mental, moral or emotional health.
Joint legal custody
Both parents share decision-making authority regarding the child’s best interests. Neither parent’s rights are superior, except with respect to specified decisions as set forth by the Court or the parents in final judgment or order.
Joint physical custody
The condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.
Parenting Time
Before an award of joint custody is made, the Court requires the parents to submit a proposed parenting plan, which sets forth the details for making decisions, a parenting time schedule, holidays, vacations, a procedure for disputes, and specific statutory language.
The parenting time schedule is based upon many factors, including the child’s best interests, parental fitness, and each parents’ work schedule. The Arizona Supreme Court booklet, “Model Parenting Time Plans for Parent/Child Access,” is a useful source for determining age-appropriate parenting time schedules.
Parental Fitness
Child custody and parenting time issues are the most emotional components of Family Law litigation. Consequently, issues related to child custody and parenting time are often the reasons that a Family Law case takes longer to process, becomes more expensive, and produces results that were not anticipated by the client. Generally, claims regarding parental fitness or claims that involve issues that affect the safety and/or well-being of the minor child also fall into this category.
Domestic violence, substance abuse, molestation issues, and other issues that threaten the safety and/or well-being of the child often require the assistance of additional professionals. In those cases, the Court often appoints evaluators for the purpose of determining the parents’ fitness for child custody and to establish a parenting time schedule in the best interests of the child.
In some cases, both parties are fit and proper parents; however, they require assistance for the purpose of preparing a parenting plan, including a parenting time schedule. In those cases, the Court has the ability to require the parties to attend Mediation, Conciliation Services, or an Evaluation, for the purpose of facilitating a parenting plan.
Modification/Enforcement
Custody and parenting time orders that have previously been awarded in a case may require modification prior to the time a child reaches the age of majority. In that event, a parent may file an action, provided that statutory requirements are met for the purpose of seeking a modification.
Similarly, if a party fails to comply with existing custody and parenting time orders, the other party may require assistance for the purpose of enforcing compliance. Under such circumstances, a party may seek an enforcement action or contempt action against the other party and may request sanctions and an award of reasonable attorneys’ fees and legal costs.
Please consider the Family Law team at Udall, Shumway and Lyons, P.L.C. if you need assistance regarding child custody and/or parenting time issues. We would like the opportunity to offer you our experience, knowledge and guidance.