Determining Parenting Time During Divorce

Far too often a dissolution with children conjures up horror stories of two parents yelling at each other and forcing an elementary school child(ren) to determine "who they love more" or "who is the better parent".  If the two spouses are fit parents, this should never be the case.

You want to do what is best for your child, but what exactly will that look like? How will the custody situation be handled? The correct response is by two parents who decide to put their personal issues with the other spouse on the back burner and focus on how their great of a parent their soon-to-be ex spouse is to the child(ren).

If the two parents cannot reach an agreement then they voluntarily leave the decision to the judge.  At that time, the judge must consider several statutory factors and it is in your best interest to familiarize yourself with those; below are some of the factors to consider:
 

  • What the child wants (depending on his or her age)
  • Parent and child relationship 
  • The mental and physical health of the parents and child
  • Child(ren)'s adjustment to the home, school and community
  • Each parent's ability to allow the child(ren) frequent, meaningful and continuing contact with the other parent
  • Whether there is evidence of child, spousal, domestic violence or drug abuse
This list is only a sample of the many factors that are considered by the court. It is important that you speak with our experienced Family Law attorney for specific advice about your situation. You can also order a free copy of our book, Arizona Family Law: The Essential Arizona Divorce Guide, which has further information about child custody factors.

For advice regarding your situation, contact our experienced 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).