When can a child choose which parent to live with in Arizona?
The short answer: In Arizona is there is no “magic” age. The longer answer is that the child’s wishes are one of the factors the court must consider in determining custody (“legal decision making”) or parenting time, if the child is of suitable age and maturity pursuant to Arizona law[1].
How are child custody laws different in Arizona?
Child custody laws in Arizona vary a bit from what you may have experienced in other states or heard in the media. Firstly, Arizona does not use the term “custody” as other states do or as the term is commonly used.
How long does it take to get custody in Arizona?
If both parents live in Arizona, the parent with physical custody desiring to move with the child must give 60 days’ notice to the other parent before the child may be moved more than 100 miles from the other parent or from the state.
Is there a booklet on child custody in Arizona?
It is not a complete nor authoritative review of these subjects and reflects the laws of the state of Arizona only as of the date of its publication. The booklet is not intended to be a guide to obtaining or changing legal custody or parenting time. Questions about specific situations should be discussed with an attorney.
Is there a presumption of custody in Arizona?
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
Can a court determine who gets custody in Arizona?
Therefore, Arizona courts will no longer determine who will receive custody but rather who will have legal decision-making authority over the children. Who will receive legal decision-making authority for child (ren)?
When did Arizona no longer use the term custody?
Arizona no longer uses the term custody, effective Jan. 1, 2013; the term is now legal decision-making. Therefore, Arizona courts will no longer determine who will receive custody but rather who will have legal decision-making authority over the children. Who will receive legal decision-making authority for child (ren)?
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
What are the most common child custody questions?
Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent. 8. Whether there has been domestic violence or child abuse pursuant to section 25-403.03.