Child Custody/Visitation

In Arizona there are two basic questions regarding child custody. Which parent will the child primarily live with (physical custody) and which parent will make the decisions on behalf of the child that primarily concern health, education and religious training (legal custody).

Physical Custody

If a child lives with both parents for an amount of time which is substantially equal, the parties have joint physical custody. If the child lives primarily with one parent and the other parent has access which is not equal, the non-residential parent is said to have “parenting time” or “visitation” as outlined in the divorce decree.

Legal Custody

If both parents make decisions on behalf of the child concerning health, education and religious training, they have joint legal custody. If the primary residential parent has the right to make all legal decisions regarding health, education and religious training, that parent has sole legal custody. Determining whether parents are candidates for joint legal custody is a complex issue and you should refer to a qualified divorce attorney.

Don’t leave the custody of your children uncertain, our family law attorneys can help you.