Divorce with Children

Divorcing When Children Are Involved

In Arizona, when parents are divorcing and have children under 18 who haven’t graduated high school, the court has authority over matters of legal decision-making and parenting time—formerly known as legal custody and visitation. Arizona law favors children maintaining frequent, ongoing contact with both parents and encourages shared decision-making.

However, the court may find that one parent is unfit or unable to co-parent equally if there is a history of:

Equal Parenting Time & Joint Decision-Making for Fit Parents

Divorcing parents in Arizona are not guaranteed a 50/50 parenting time split, but the law does encourage meaningful, ongoing contact with both parents. If parents can’t agree on a schedule, the court will step in to decide. In such cases, the judge may appoint a custody evaluator to provide recommendations or send the parents to a parenting conference to help resolve disagreements.

After the divorce is finalized, if communication between the parents breaks down or effective co-parenting becomes difficult, the court may appoint a parenting coordinator. If a parent has been absent from the child’s life, a therapeutic interventionist might be assigned to help rebuild that relationship. Courts may also grant more decision-making power or parenting time to the non-offending parent if it’s found the other parent has interfered with the child’s relationship with them.

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Protecting Your Children During Divorce

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