Who Has Custody of Children When a Divorce is Filed in Arizona?
Both parents have the right to the care, custody, and control of their children when a divorce is filed. The court has the authority to issue orders establishing which (or both) parents have the right to make medical, educational and other decisions for the children. The judge also has the authority to order a parenting time order.
Simply stated, both parents are entitled to the care, custody, and control of their children until a judge orders a particular child custody and parenting schedule. Until then, there are no written rules regarding the children. This presents the potential for creating a situation wherein one or both parents unilaterally keep the children from the other parent.
That type of conduct, however, is viewed unfavorably by most judges. It may even provide the judge with a reason to make the innocent parent the children’s primary residential parent. Unless you and your spouse can reach agreements on your own, it is important for you to file a Motion for a Temporary Orders Hearing. This motion should be filed as soon as possible to avoid conflict between the parents, which many times negatively affect the children.
There are times when a spouse may have a question as to whether he is the biological father of a child born during the marriage. These are challenging and important concerns. Since you are married, the law automatically presumes you to be the father of the child with all of the rights and responsibilities that come with that status. If you do not address this issue as the first issue to be addressed, you may be precluded from doing so at a later date.
The Arizona Court of Appeals in the case of Pettit v. Pettit ruled that a parent cannot contest parentage or seek to attack his paternity of a child after a divorce decree has been entered. It is interesting that it does not appear from the decision that the father argued the mother committed a fraud on the court, which may have been a basis to overturn that divorce decree.
Contact Our Scottsdale Arizona Divorce Attorneys
If you are in need of a divorce lawyer in Arizona, the family law firm of Hildebrand Law, PC. is only a phone call away. Our attorneys handle all types of divorce cases in Arizona. Please call (480)305-8300 if you wish to speak with our Arizona divorce lawyers or have additional questions regarding Arizona divorce laws.
More Articles About Child Custody in Arizona
- Access to a Child’s Medical Records in Arizona
- Adoption Attorneys in Arizona
- Required Affidavit in a Child Custody Case in Arizona
- Are Mothers Favored Custody Battles in Arizona
- Arizona Child Custody Attorneys
- Arizona Child Custody Statutes
- Arizona Uniform Child Custody Jurisdiction and Enforcement Act Statutes
- Changing a Child’s Last Name in Arizona
- Changing Child Custody in Arizona
- Child Custody and Child Support in Arizona
- Child Custody In Arizona
- Child Custody Laws in Arizona
- Child Custody Rights in Arizona
- Co-Parenting After Divorce in Arizona
- Custody of a Child to Grandparent in Arizona
- Delegation of Custody Decisions in Arizona
- Divorce and Grandparents Visitation in Arizona
- Effective Co-Parenting in Arizona
- Emergency Child Custody in Arizona
- Emergency Child Custody Orders in Arizona
- Enforce Parenting Time or Custody in Arizona
- Enforce Visitation Non-Custodial Parent in Arizona
- Grandparent’s Rights in Arizona
- How is Child Custody Determined in Arizona
- How to Change a Child’s Last Name in Arizona
- How to Enforce Parenting Time in Arizona
- How to Get Sole Custody in Arizona
- How to Modify Child Custody in Arizona
- How to Modify Visitation in Arizona
- Joint Custody and School Decisions in Arizona
- Joint Custody vs Sole Custody Arizona
- Joint Legal Custody or Joint Decision Making in Arizona
- Modifying Visitation With a Child in Arizona
- Moving Children Many Times in Arizona
- Order of Protection and Child Custody in Arizona
- Parent Information Program Class in Arizona
- Parent Move Out of State With A Child From Arizona
- Parental Alienation in Arizona
- Prepare for Child Custody Evaluation in Arizona
- Presumption of Equal Parenting Time in Arizona
- Restrictions in Arizona on Taking Children to Another Country
- Sole Legal Custody or Sole Decision Making in Arizona
- Sole or Joint Custody in Arizona
- Temporary Child Custody in Arizona
- Uniform Child Custody Jurisdiction and Enforcement Act in Arizona
- What Are the Child Custody Factors in Arizona
- What Determines Child Custody in Arizona
- What is a Child Custody Evaluation in Arizona
- What is a Parenting Coordinator in an Arizona Child Custody Case
- What Is Domestic Violence in Arizona
- What Types of Child Custody Are There in Arizona
- What Visitation or Parenting Time Schedules do Judges Order in Arizona
- Who Is the Best Child Custody Lawyer in Arizona
- Withholding Child From Custodial Parent in Arizona
- Contesting Relocation of a Child When You Do Not Live in Arizona
Chris Hildebrand wrote this article about who has custody of children when a divorce is filed in Arizona to ensure everyone has access to information about divorce and child custody laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.