Child Custody Lawyers in Glendale

Sole Legal Custody and Joint Legal Custody in Arizona

There are two kinds of custody in Arizona: Sole Legal Custody and Joint Legal Custody. Legal custody has only one primary function: to determine who makes major decisions in their children’s lives. The time that the children spend with each parent is now called “parenting time,” which has nothing to do with legal custody. Sole legal custody means that the person awarded sole legal custody makes all major decisions in the children’s lives. Joint Legal Custody means that both parents make major decisions together regarding their minor children.

Arizona laws require the Court to determine child custody in accordance to the best interests of the children involved. As experienced custody lawyers, Sampair & Associates, P.C. helps parents through the complicated and stressful child custody process.

The starting point for understanding child custody in Arizona is to understand that both parents have equal rights, duties and obligations towards the minor children. Child custody in Arizona is governed by statute. The statute provides that the Court may not prefer one parent over the other with respect to custody based upon either parent’s gender. Rather, the Court is required to determine the best interest of the minor children by applying the statutory factors regarding custody and parenting time to the facts in each case.

The Court considers the following factors:

• Wishes of the parent or parents
• Wishes of the child or children
• Interaction and interrelationship of the child with parent, parents, siblings, and any other person who may affect the best interests of the child
• The adjustment of the child to home, school, and community
• Mental and physical health of all individuals involved in the custody process
• If one parent is more likely to allow frequent and meaningful continued contact with the other parent
• If one parent, both parents, or neither parent has provided the primary care of the child
• Nature and extent of coercion or duress used by a parent in obtaining a child custody agreement
• Whether a parent has complied with the educational program regarding children and divorce required by Arizona law
• Whether there has been domestic violence or child abuse

By statute, there is no preference for one custody order over another. However, all of the Family Court Judges in Arizona prefer Joint Legal Custody To Sole Legal Custody.

Whether the Court orders Joint Legal Custody or Sole Legal Custody, both parents are entitled to access to all medical and educational records.

For more information, visit our Custody FAQs >>

Child Custody Attorneys serving Glendale

Contact our experienced Arizona divorce attorneys at Sampair & Associates, P.C. for help with legal matters concerning family law. We serve clients throughout the greater Phoenix metropolitan area, including Glendale, Peoria and Mesa and are available for evening and weekend appointments. For the convenience of our clients, we also provide services in Spanish.