Gilbert. AZ, What Type of Child Custody is Available in Arizona?

Mar 2, 2020 11:05 PM ET

Child custody concerns are not taken lightly in Arizona, and there is generally a lengthy legal process that must be followed for a parent to qualify for custody. There are two main types of custody available to parents in Arizona: legal custody and physical custody.

Legal custody means that a parent is permitted to make serious life choices for the children such as the religion they will be raised on and what school they will attend. Physical custody means that a parent is granted permission to have their children live with them.  Joint custody (both parents) or sole custody (only one parent) can be granted for both legal and physical custody matters.

After splitting up with one’s partner, deciding who gets physical custody and who gets legal custody of the child is generally more then what two individuals can handle. In such cases, it is best to get a child custody lawyer on board to help them figure out what their rights are and what sort of custody they should be fighting for to cater to the best interests of their children. Arizona follows the Uniform Child Custody Act (UCCA) to minimize problems concerning child custody. Through the UCCA parents are entitled to sharing joint custody of the children and their relatives can be granted visitation rights as well.

In cases where both parents are getting joint custody, their lawyer will most probably urge them to create a parenting plan that will be later sent to court for approval.


What is a parenting plan?

A parenting plan is a written schedule of how the two individuals plan to raise their children. A parenting plan includes:

How the needs of their children will be fulfilled as they grow
The ability of both parents to have access to the child’s medical records and all other documentation
The ability of the parent-child relationship to be changed in the best interest of the child
How the child will be raised and schooled
Where the child will live during their holidays and birthdays
Who will transport the child regularly

Before agreeing to a parenting plan, it is always a good idea to consult with a legal professional first to ensure no rights are being compromised. The happiness of the children should always be at the forefront when it comes to deciding how their new life will be after they are no longer living with both their parents. It can be a difficult adjustment for everyone to make but making a thorough plan and taking the proper legal precautions can make the entire process a lot easier for everyone and prevent any future complications from arising.

If a person is an abusive relationship and one of the partners has abused the children and is considered a threat to them, they should report the abuse to the police, and they may even be eligible to get a restraining order against them. If a parent is abusive, they will most likely lose their ability to have any sort of custody over the child.


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