Divorce Arizona Custody

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Usually, at least one of the parents of the child is eligible for custody. However, sometimes there might be clear and convincing proof that both parents are unfit for custody. In such a case, neither parent is given custody.

Factors considered in Divorce Arizona Custody

The judge ponders over the following factors while deciding the award of custody.

• Is there any past record of domestic violence? What is the state of safety of the child and of either parent due to physical abuse by the other parent?
• The relationship or interaction between the child and each parent and with each sibling, if any
• The continuity and quality of the education of the child. Is it essential that the school of the child would have to be changed? As a consequence of this, will the child get good education?
• The adjustment of the child in community, school and home
• If the child is of sufficient age to make an intelligent decision, then what are the wishes of the child
• The physical and mental health of all the individuals involved in the custody decision
• The residences of the parents are separated by what distance
• Are the residences of the parents stable?
• The employment responsibilities of both parents
• The capacity of both parents to talk, accede and cooperate with each other regarding topics pertaining to the child
• Whether the father or mother is more likely to permit frequent, meaningful and continuous contact with the other parent?
• Prior to and post separation of the parents, what was the duration of time spent by each parent with the child? What was the quality of this time spent?
• Has the parent taken part in a parenting education course (if demanded by the court)?
• The desires of the parents

If a parent has committed domestic violence, there is some possibility that he/she can be awarded child custody. However, it is a fact that the judge will strongly consider the safety and well being of the child and the victim of this violence.

Usually, the judge thinks that awarding joint or sole custody to a parent who was the perpetrator of domestic violence is not in the best interest of the child. However, this perpetrator can attempt to alter the mindset of the judge by presenting certain proofs. The judge contemplates the following issues while making the decision.

• Has this parent successfully completed
  • A parenting class (if demanded by the court)?
  • A drug and alcohol abuse prevention program (if demanded by the court)?
  • A Batterer's prevention program?
• Can this parent prove that being granted custody is in the best interests of the child?
• Has this parent committed any further acts of domestic violence?

Can a non parent file for custody?

A non parent is said to be in "loco parentis" if the following conditions are fulfilled.

• The child treats this person as a parent, and
• This person has formed a meaningful parental relationship with the child for a considerable duration of time

A person who is in loco parentis can request the court to offer custody and/or visitation. Moreover, the court must conclude that keeping the child in the custody of the real parents is detrimental to the child and one of the following conditions is applicable.

• The parents are occupied in a separate legal proceeding related to legal separation or divorce, or
• The parents were not married to each other when the filing was done
• One of the parents has died

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