It’s not uncommon for separated or divorced parents to disagree about how to raise children. If the issue is serious, a family court judge can intervene. Understanding how judges approach decisions can help parents prepare and negotiate effectively.
An experienced divorce and family law attorney is an important ally to have in the courtroom during consequential events like custody negotiations. An attorney knows when to speak up and how to phrase requests and objections, putting your best foot forward with the court.
The Guiding Standard and Arizona State Law
The law is clear in Arizona: all custody decisions must be made with the best interests of the child in mind. When parents disagree about custody and visitation, the court’s decision must be based on this principle, which encompasses all major facets of their life, including education, healthcare, and parenting time.
A judge’s decision-making is governed by law that directs them to evaluate all factors regarding the child’s physical and emotional well-being, including their ongoing relationship with parents, siblings, and others in the home. The child’s mental and physical health and their adjustment to environments at home, school, and in the community are part of the equation as well.
State law recognizes two elements of custody: legal decision-making, which encompasses major decisions about education, healthcare, and religion, and parenting time, which is the child’s physical schedule with each parent. Either or both can be awarded to one parent or shared.
1. The Child’s Opinion Matters
When a child is about 12 years old and capable of making a statement of fact about their parent of preference, the judge is required to listen and give that opinion appropriate weight. The court listens for clues about safety and stability.
2. Gender Preferences are Barred
The court may not make custody decisions based on the parent’s sex. Sole or joint custody is also not presumed; judges must make decisions according to evidence provided in the individual case.
3. Considering Parenting Time
Factors such as the age and health of the child, the non-work time available to each parent, the travel time between parents’ homes, the child’s school schedule, and the living conditions in each parent’s home are all weighed by the judge.
4. Domestic Violence is a Critical Factor
If the court finds domestic violence present in a household, joint custody will not be awarded (similarly, a preponderance of evidence that shows a history of domestic violence is a significant factor in custody arrangements). Domestic violence is considered contrary to the child’s best interests, so much so that a parent found committing an act of domestic violence must prove to the court that the child will not be endangered by participating in parenting time.
5. Substance Abuse Concerns
A parent’s abuse of drugs or alcohol is treated seriously by the court. Any drug or alcohol abuse within a year of the petition for parenting time provides the court the presumption that the parent’s custody of the child is not in the child’s best interests. These principles can be challenged by a parent through drug testing and other evidentiary means.
6. Bad Faith and Dishonesty
If a parent misleads the court, causes an unnecessary delay or deliberately tries to influence the other parent or the court’s decision-making, judges take that behavior into consideration.
Faring Better in Court
Reaching a compromise agreement on parenting time outside of court is the best solution. If this is possible, the parents may submit a stipulated parenting plan to the court for review. Judges typically support such agreements and issue them as the court’s order.
Working Toward the Best Outcome for Your Child
Children’s welfare is the primary concern of Arizona family courts. Disputed custody arrangements are stressful and time consuming, but an experienced attorney from Webster Family Law can help navigate the process with the goal of reaching a mutually acceptable compromise. Call for a consultation today.