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Dive into the world of child custody in Arizona, where the choices parents make can shape their children’s lives. Uncover the various paths that guide family dynamics after a divorce. Discovering these custody types is not just about legal terms; it’s about building a future where your children thrive. Let’s embark on this journey together, unraveling the possibilities that ensure the best for your family.
Physical Custody
Physical custody suggests that a parent has the legal right to have a child(ren) live with them. A lot of states will grant joint physical custody when the child spends considerable amounts of time with each parent. Joint physical custody is optimal if parents live somewhat close to each other, as it will lessen the stress on children and enables them to maintain a relatively normal routine.
Where the child lives mainly with one parent and has visitation with the other, commonly the parent with who the child mainly lives with, known as the “custodial” parent, is going to have sole or main physical custody, and the other parent, the non-custodial one, is going to have visitation rights or parenting time with their child.
Legal Custody
Legal custody of a child suggests having the right and the responsibility to make decisions about a child’s raising. A parent that has legal custody and is able to make decisions regarding the child’s schooling, religious raising and medical care, for instance. In a lot of states, courts typically grant joint legal custody, meaning that the decision-making is shared among both parents.
When you have shared joint legal custody with the other parent and you shut them out from decision-making, the other parent could take you back to court and request the judge to impose the custody agreement. You’re not going to get fined or go to jail, but it will most likely be embarrassing and cause more strife among you — which could harm the child(ren). Additionally, if you are represented by an attorney, it’s going to be costly.
If you’re thinking the circumstances among you both make it unattainable to share joint legal custody (there is no communication with you about important issues or is disparaging), you could go to court and request for sole legal custody. However, in a lot of states, joint legal custody is the preference, so you’re going to have to prove to a family-court judge that it isn’t in the child’s best interests.
Sole Custody
Joint Custody
Parents that aren’t living together will have joint custody when they are sharing the decision making obligations for, and/or physical authority and the custody of, the child(ren). Joint custody may be present when the parents have been divorced, are separated, or aren’t cohabiting anymore, or even when they never even lived with each other.
Joint Custody Arrangements
Joint Custody Pros and Cons
Joint custody has the advantage of guaranteeing the children have continuous contact and engagement with each of their parents. It also relieves many of the burdens of parenting for both parents.
There are, by all means, disadvantages:
- Children are required to be transported around.
- Non cooperating parents or ill will may have seriously negative impacts on children.
- Maintaining 2 homes for the children may be costly.
If there is a joint custody arrangement in place, keep detailed and organized financial records of your costs. Retain receipts for groceries, schooling and after-school interests, clothing and their medical care. Eventually, your ex might claim they have spent more on the children than you have, and a judge will value your thorough records.
Source:
Nolo. (2020, November 06). The Different Types of Child Custody. Retrieved December 10, 2020, from https://www.nolo.com/legal-encyclopedia/types-of-child-custody-29667.html
