Even though their divorce was finalized in 2009, the custody battle continues for Usher and his ex-wife, Tameka Foster.  While they currently share custody of their two children, Usher Raymond V and Naviyd, this does not seem to satisfy Foster who wants full custody.

Earlier this month, a Georgia judge ordered that Usher and Foster work out a “temporary custody agreement in private mediation.” This issue has been on-going for years with custody switching between the two.

However, this isn’t their only dispute.  There is also a property dispute over the divorce settlements.  The settlement allows Usher to sell his Georgia mansion where Foster and their children currently live as long as he gives her a 60 days-notice.  However, she claims that this right would leave her “homeless.”

They are expected to be back court soon to settle the custody and property issues from their divorce.

Arizona Rights for Divorce and Custody

In Arizona, there are various laws when it comes to property and custody during a divorce.  Starting off with property, under the ARS 25-318, any property gained during the marriage will be split 50-50.  However, if either party before the marriage had property, then under ARS 25-211 will be given to the party that originally owned property.

As for child custody, it’s not so easily decided.  The courts have to decide this issue as seen with ARS 25-328.  While the most common custody arrangement in Arizona is joint legal custody, child custody courts decide what will in the best interest for the child.  Joint legal custody requires that both parents make decisions for the child whereas sole legal custody requires only one parent to make decisions.

Fighting for Custody?

It can be very difficult to deal with child custody laws and property laws in Arizona during a divorce.  If you are experiencing either of these issues, contact Jackson White’s family law attorney, Timothy Durkin, to schedule a consultation at 480.464.1111.