Child Custody Evaluations & Disputes
Divorce and Family Lawyers
Child Custody & Parenting Time Team
Since January 1, 2013, the term “custody” is no longer used in Arizona law. Instead, the law differentiates between legal decision-making and parenting time. When parents cannot reach an agreement, the court will determine what arrangement best serves the child’s interests and will award legal decision-making authority and parenting time accordingly. These matters are governed by Arizona Revised Statutes, Title 25, Chapter 4.
Joint Legal Decision Making and Equal Parenting Time
Under A.R.S. §25-403, the Court must evaluate eleven specific factors to determine what is in the best interests of a child. In any contested custody case, the law also requires the Court to make detailed findings on each of these eleven factors. Critical considerations include the mental health of all parties involved and the presence of any domestic violence.
To assist in making informed decisions, the Court often appoints a neutral third party—typically a licensed health care professional such as a child psychologist—from its list of approved advisors. Judges place significant weight on the evaluations and recommendations provided in these advisors’ reports.
When custody is contested, the matter is usually resolved in an evidentiary hearing. Each party is given equal time—commonly three hours or more—to present witnesses, expert testimony, and their own statements and arguments. Judges typically take the matter “under advisement,” issuing a written ruling (called a minute entry) within a few weeks. However, under Arizona law, a judge may take up to 60 days to finalize a decision. These rulings are delivered in writing to both parties at the same time.
In divorce proceedings, these hearings may also address additional issues beyond parenting time or legal decision-making, including division of community property and spousal maintenance.
Experienced Child Custody Evaluations & Disputes
Call our experienced parenting time (child custody) team today at (480) 833-1113 or send us an email using the form below. We will protect your visitation and custody rights and your family’s well being.
