How to Get Primary Custody in Arizona: A Guide from The Peterson Law Firm

Navigating the complexities of child custody during a divorce or separation can be challenging. At The Peterson Law Firm in Tempe, AZ, we’re here to help you understand the process of obtaining primary custody and ensure that your child’s best interests are always prioritized.

Understanding Primary Custody in Arizona

In Arizona, child custody is divided into two main categories: legal custody (or legal decision-making authority) and physical custody (or parenting time). Legal custody refers to the authority to make important decisions about your child’s life, including their education, healthcare, and religious upbringing. Physical custody, on the other hand, pertains to where the child lives and the time they spend with each parent.

Primary custody, often referred to as sole custody, means that one parent has the predominant role in both legal decision-making and physical custody. It’s important to note that Arizona law encourages joint custody arrangements whenever possible, as it is generally believed that children benefit from having both parents actively involved in their lives.

How to get primary custody in az

If you believe that obtaining primary custody is in the best interests of your child, here are the steps you need to follow:

Understand the Best Interests Standard: Arizona courts make custody decisions based on the best interests of the child. This includes factors such as the child’s relationship with each parent, their adjustment to home, school, and community, and the mental and physical health of all parties involved.
Create a Parenting Plan: If both parents can agree on a custody arrangement, they can draft a parenting plan. This plan should outline details such as who will have legal and physical custody, the visitation schedule, holiday arrangements, and how decisions about the child’s welfare will be made. The court will review this plan to ensure it meets the child’s best interests.
File a Petition: If an agreement cannot be reached, you will need to file a petition with the court. This involves filling out necessary forms and submitting them to the Clerk of the Superior Court. You will also need to serve these papers to the other parent to notify them of your request for primary custody.
Attend Court Hearings: After filing the petition, the court will schedule hearings. During these hearings, both parents will have the opportunity to present evidence and arguments. It is crucial to demonstrate that granting you primary custody aligns with the child’s best interests. Evidence may include documentation of your role as the primary caregiver, your relationship with the child, and any issues that may render the other parent unfit (such as substance abuse, criminal history, or mental health problems).
Gather Evidence: Building a strong case is essential. Collect evidence such as school records, medical records, and testimonies from teachers, counselors, and friends. Document any incidents of domestic violence, child abuse, or substance abuse by the other parent.

Factors That Influence Primary Custody Decisions

The court considers various factors when determining custody arrangements:

Child’s Relationship with Each Parent: How involved each parent is in the child’s life and the quality of the relationship.
Child’s Adjustment: How the child is adjusting to their home, school, and community.
Health of the Parties: The mental and physical health of both parents and the child.
Parental Cooperation: Each parent’s willingness to support the child’s relationship with the other parent.
History of Abuse or Neglect: Any incidents of domestic violence, child abuse, or neglect.

Modifying a Custody Order

Once a custody order is in place, it’s legally binding. However, circumstances can change. If you believe that the current arrangement no longer serves your child’s best interests, you can petition the court for a modification. This requires showing a significant change in circumstances that affects the child’s welfare.

Working with a Family Law Attorney – The Peterson Law Firm

Obtaining primary custody is a complex process that requires careful preparation and a thorough understanding of Arizona’s custody laws. Working with an experienced family law attorney can make a significant difference. At The Peterson Law Firm, we are dedicated to helping you navigate this challenging time and achieve the best possible outcome for your family.

If you have any questions or need assistance with your custody case, contact us today for a consultation. We’re here to support you every step of the way.

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We value each and every one of our clients, employees, friends, and neighbors. Together, we have a social responsibility as a community partner to take proactive measures to keep our community well and to help stop the spread of COVID-19.

Our office will remain open during regular business hours. However, we are implementing some additional precautions to limit social interactions and personal proximity. Specifically, we will seek to conduct consultations, meetings, conferences through video teleconferencing or on the phone whenever possible. Should an in-person appointment be needed, then we will coordinate those on an appointment basis.

If you have questions about your case and the status of the court, then please call. Our Firm will continually monitor the status of the coronavirus, so we are prepared to resume normal operations as quickly as possible.

From all of us at The Peterson Law Firm, please stay well.