How Does Child Custody Get Determined After Parents Separate?

When parents separate, one of the most important issues that has to get worked out is how to sort out living arrangements and decision-making for their children. Talking with a child custody attorney here in Phoenix, AZ can give you a clear understanding of what the laws are and how they’re likely to affect your family situation. 

Child Custody Factors that Phoenix, AZ Courts Take Into Account

Arizona law directs the courts to give legal decision-making power and parenting time based on what best serves the child’s overall well-being. Many parents reach an agreement themselves about how to deal with these issues, and most of the time the court will accept the parents’ plan so long as it is well thought out and clearly in the child’s best interests. 

When parents cannot agree, the court will decide, and the court will consider a number of factors. Some of the most important are:

Parent/Child Relationships

The first factor is the past, present, and potential future relationship between each parent and the child. The court will look at who has handled daily care of the child, attended events, helped with homework, and stayed in regular contact. The history is important because consistency matters so much for children.

Other Family/Friend Interactions

The court will also consider how the child interacts with siblings, extended family, and any other adults who play a big role in daily life. If a child has strong bonds with grandparents or step-siblings, the court will often want to keep those connections stable. 

Child’s Views

When a child has reached an age and level of maturity where they can form reasonable views, their wishes about where they spend time and who makes decisions will be considered. There’s no fixed age at which this happens: basically, the more clearly and maturely a child can articulate not just their preference but also their reasons for it, the more weight their preference will have. However, the child’s preference is never the final word in these matters. 

Mental and Physical Health

The mental and physical health of everyone is another key factor, and this covers any conditions that could affect a parent’s ability to provide safe, consistent care or meet the child’s specific needs. Having a health issue doesn’t automatically disqualify someone from parenting time or decision making authority, but the court wants to see how it gets handled and whether supports are in place. 

Support

Which parent is more likely to support the child’s ongoing relationship with the other parent? The courts look favorably on a parent that is willing to share information about school and activities, encourage contact, and avoid negative talk about the other parent in front of the child. 

History of Abuse or Neglect

If there’s any history of domestic violence or child abuse, this will trigger some presumptions and protections under the law. If one parent used coercion or duress to get the other to sign an agreement, for example, or if someone has been abusive or neglectful, those things will count heavily against them. However, false reports of abuse or neglect are also very serious and something a judge must consider.

For help with your child custody situation, separation, divorce, or any other family law issue, contact us today at the Law Office of Cosmas Onyia in Phoenix, AZ. We also serve families in Mesa, Avondale, El Mirage, Glendale, Goodyear, Scottsdale, Surprise, and Tempe.

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