1. What is joint custody?
Joint custody can mean either joint legal custody or joint physical custody. Joint legal custody means that both parents share in the legal decisions for the child(ren). Joint physical custody means that the physical residence of the child(ren) is shared by both parents. The Court will order joint custody only if both parents agree in writing and the Court finds it in the best interest of the child(ren). Joint custody will not be awarded if there is shown a history of significant domestic violence.
2. If we don't agree on custody, what happens then?
The Court will take into account many of the factors including where the child(ren) have been living, the child's wishes and the mental health of the parents, and make a decision based on the "best interests of the child(ren)." The Court may also seek the advice from other relevant professionals.
3. After the Court awards Custody, can it be changed?
It must be shown that a "substantial and continuing change in circumstances" has affected the child(ren) since the Court order was set. Also, it has to be shown that the change in Custody is in the best interest of the child(ren). At least one year has to have passed since the original award was ordered to be able to request a change with the Courts, except if the child(ren) is in danger. The only exception is when a parent has failed to comply with the order. A request can then be filed after six months have passed since the custody order was awarded. The Court has the right to decide whether or not the case should have a new custody hearing.
4. My ex-spouse has custody of our child(ren) and refuses to allow my Court ordered visitation. What can I do?
You can request a hearing to enforce your ordered visitation. In some instances you may be entitled to missed visitation with your child(ren), ordered counseling and possibly even attorneys fees for the enforcement of the Court ordered visitation.
5. How does domestic violence or drug/alcohol abuse affect Custody?
Domestic violence is viewed as contrary to the best interests of the child. The parent who has committed the acts of domestic violence has the sole burden of proving that his/her contact with the child(ren) will in no way endanger the child. Also, any conviction of any drug offense or certain alcohol-related driving offenses within 12 months of a custody request will create a presumption that the custody should be awarded to the spouse in the best interests of the child(ren).
6. I want to move with my child, what do I have to do?
Typically, if both parents live in Arizona, the spouse changing residences must give advance written notice if the relocation is further than 100 miles from the other parent. The non-moving parent has the right to request a hearing to stop the move. A parent who has joint legal and joint physical custody, who is required to relocate in less than 60 days after written notice, may ONLY do so if both parents agree or a Court order is issued.
