Who Gets Custody of the Children After an Arizona Divorce?

Ending a marriage is never an easy decision. When you said your vows, you imagined that you would be with your spouse for life. Not everyone gets a “happily ever after” when it comes to their marriage. While divorce is a challenging situation for anyone, when there are children involved, it is that much more difficult.

There are so many questions

You want to do what is best for your child, but what exactly will that look like? How will the custody situation be handled? If you can’t come to an agreement with your spouse, how will the court determine child custody?

Factors to consider

The ideal scenario is to come up with a child custody solution that makes everyone happy, including your soon-to-be-ex. If an agreement cannot be made, the court will decide what is best for your child and will review such factors as:

  • What the child wants
  • What the parents are looking to accomplish
  • The mental and physical health of the parents and child
  • Who has been providing primary care for the child
  • The relationship between the parents and child
  • Whether there is evidence of child, spousal or drug abuse
  • How the child does at each household

This list is only a sample of the many factors that are considered by the court. It is important that you speak with an experienced Arizona family law attorney for specific advice about your situation. You can also order a free copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times, which has further information about child custody factors.

There are different types of child custody

Keep in mind that there are different types of child custody scenarios, including joint custody and sole custody. Joint custody can be further broken down into legal custody and physical custody.  In general, for parents to be awarded joint custody, they must create and submit a written parenting plan to the court. Sole custody refers to the situation where one parent makes the final decisions regarding the child’s welfare.

For advice regarding your situation, contact one of the experienced Phoenix family law attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).