Because every state has different laws and guidelines concerning child custody, it’s important to find out the right information about where you live. Here are some of the important things to know about child custody in Arizona.
The law in Arizona mandates that parents submit an Arizona parenting plan to the court. The parenting plan is the same thing as an Arizona custody agreement, but in Arizona the correct phrase is parenting plan. This plan must contain information about legal and physical custody. Parents need to include provisions that state how the parents will allocate the decision making authority and they should include a custody and visitation schedule that outlines the time the child is with each parent.
An Arizona custody schedule must include a calendar of where the child is every day. This is done by the parents choosing a repeating cycle of custody and visitation, adding a holiday schedule, including vacation time, and making note of special events where the custody changes. The Arizona visitation schedule is a big part of the plan. To help parents figure out the right schedule for their children, the Arizona supreme court has published a guide called Model Parenting Time Plans. Parents can look at these plans for ideas–they don’t need to adopt any entire plan.
Along with information about legal and physical custody, the plan must include a provision for how the parents will make changes to the plan and a provision that states how the parents will periodically review and update the plan.
Parents can work together to make a plan and submit it to the court. If they aren’t able to agree, each parent will have the opportunity to present a plan to the court and explain how it is in the best interest of the child. The judge will consider the following factors when determining what plan is in the best interest of the child: the wishes of the parents and the children; the interaction and interrelationship of the child to the parents, to the child’s siblings, and anyone else who affects the child’s best interest; the child’s adjustment to home, school, and community; the mental and physical health of everyone involved; which parent is more likely to allow the child to have meaningful and frequent contact with the other parent; if one parent has been the primary caregiver to the child; if a parent has reported false child abuse or problems; and if a parent has used coercion or duress to obtain a custody agreement.