How does the court determine Custody in the State of Arizona

The Court looks at several factors when determining Sole or Joint Custody.  They are as follows:

1. Whether or not the parents can agree on joint custody
2. If there is no agreement, why. Is it reasonable or is it influenced by another issue that does not involve the best interest if the child(ren).
3. Can the parents cooperate in making decisions regarding the child(ren)
4. Is it logistically possible?
5. What do the parents want?
6. The are the wishes of the child(ren)?
7. The child's relationship with other family members or other people that may affect by the child's best interest.
8. Child's adjustment to home, community and school.
9. The health of  parties, this includes mental health.
10. Who will allow frequent and  meaningful contact.
11. Who has been the primary caregiver.
12. Has there been any coercion of duress in obtaining an agreement.
13. Have the parties taken the parenting class.
14. Has there been domestic violence or child abuse as defined in 25-403.03.

When the court rules on custody, they have to make specific findings based on the above to justify their ruling.

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

Source: A.R.S. 25-403.01 and 25-403

What is custody in the state of Arizona?

1. Custody means who make the legal decisions regarding the minor child(ren). These are education, religion and medical decisions.
2. Sole custody means one parent makes all of the decisions.
3. Joint custody means both parents makes the all of the legal decisions with the other parent.
4. This is not how much time each parent spends with the child(ren).
Source is A.R.S. Section 25-402

Basic tips when going through a divorce.

1. No matter how mean or unreasonable your future ex-wife or your ex-husband is being you always want to be nice as you can be. It makes you look better in court especially if you have young children because you have to deal with this person for the rest of your life whether you like it or not because you will be co-parenting.

2. Do not blog about your divorce, or discuss your situation on any social networking site, including Facebook, Twitter or Myspace. The posts can be used against you in court and create animosity between you and the other parent.

3. Be careful when talking over the phone to the future ex-spouse. You may be recorded and those recordings can be used against you in court. The other person does not need to inform you, nor ask your permission.

4. If your future ex-spouse offers parenting time that is not scheduled, take it, unless you absolutely can not because you are working and would just have to place them with a babysitter. If you do not take the children whenever you can, it will look bad in court.

5. Be an open book with all information. If the ex-spouse asks for a documentation and you are the only person that has access to it, then give it to them. If you hide something you are at risk for paying for the other party's attorney's fees.

6. If you and the future ex-spouse are living separately, make sure you keep in contact with the children's teachers and doctors. You can not rely on the other party to provide that information to you. You have to go after the information yourself.

7. Be careful when texting and emailing the future ex-spouse because they can be printed and be used against you in court to show either inappropriate behavior or to show that you can co-parent the children.