With the purpose of protecting the state\u2019s children, Arizona\u2019s Department of Child Safety has principles that include having families in stable and healthy homes that take responsibility for the children. The department underlines some of the reasons that a child can be taken away from the family home and even have parents lose custody of the children.<\/p>\n
In the state of Arizona, it is permissible to use force with children \u201cto the extent reasonably necessary and appropriate to maintain discipline\u201d as stated in ARS 13-403. This means that spanks and disciplines of that nature are acceptable, if the parents find that it is needed in the upbringing of the child. This statute does not allow anything beyond that. Visible marks on the child such as swollen skin, cuts, and bruises cross the line into physical abuse.<\/p>\n
Although the physical signs might not be visible, there are other indications that the child can be suffering from physical abuse. The Mayo Clinic points out red flags such as dramatic changes in behavior like anger and defensiveness. The child may act out in other ways: becoming aggressive, isolating themselves, and drop in academics.<\/p>\n
Negative emotional effects can be a lasting scar from physical abuse that might carry into the child\u2019s adulthood. Because of this and the obvious immediate dangers, parents can lose custody of their children due to physical abuse.<\/p>\n
Neglecting the welfare of a child can give reason enough to the state to remove a child from the parents\u2019 custody. Not giving a child the sufficient care due to \u201cinability or unwillingness\u201d can cause serious physical and emotional problems in their lifetime. Failure to Thrive is a condition that children develop when they are not properly cared for. According to Johns Hopkins Medicine, Failure to Thrive can delay physical strengthening and growth, mental and social skills, and puberty.<\/p>\n
Some signs that a child is being neglected is wearing the same clothes every day, not showering to the point that the child\u2019s hygiene suffers, and extreme lack of supervision. Although neglect is not direct physical abuse to a child, courts will still see this as a dangerous situation to be in and will remove children from parents\u2019 custody.<\/p>\n
If a child is victim to sexual contact as described in ARS 13-1401, ARS 13-1411, or ARS 13-3507, the child will be removed from the custody of the parents. It is important to note that sexual abuse is not only the sexual contact with a minor. Exposure to any sexual materials, whether they be visual or audible, are abusive and harmful to minors\u2019 well being.<\/p>\n
Physical abuse is a more obvious reason to lose custody of a child, but it is also possible to lose custody if the child suffers from emotional abuse as well. If the guardian is seen\u00a0as creating an unhealthy emotional environment by yelling or manipulating the child in a way that risks their emotional health, a child may be removed from the familial home.<\/p>\n
Most recently in the news, a couple in Maryland lost custody of two children after posting Youtube videos of pranks gone too far. The couple is seen yelling at the two children under ten years old for messes that they didn\u2019t make. The children are visibly afraid and upset with the situation meant to be a joke by the parents. The prank turned traumatic for the children and are now in the custody of the biological mother.<\/p>\n
Although a parent may have shared custody of a child, all parties must consider each other when considering moving children or taking them on vacations for extended periods of time. When a couple divorces and there are children from the marriage, it is required that they create a parenting plan. A parenting plan that is approved by a court organizes the responsibilities of each parent and dictates the expenses and how much time the children spend with each parent.<\/p>\n
Time is divided in a way that the court believes best serves the interest and well-being of the children. Since this is court ordered, parents cannot deviate from the parenting plan; parents must turn over children to the other as a schedule says. There is a way to ask for permission to change the schedule based on specific situations in order to fit the day to day situation of the children\u2019s life.<\/p>\n
If permission is not asked for, however, this can be a serious offense. Unexpectedly moving with a child or extended unexplained trips can be labeled as child abduction. This can be reason enough to lose the custody that the parent had.<\/p>\n
There is not a specific set of statutes in Arizona that outline every way of losing custody of a child. With the goal of having children in \u201csafe, strong families to succeed in life\u201d, however, family situations that do not exemplify this standard are subject to investigations by DCS specialists.<\/p>\n
If you are facing the possibility of losing custody of your children, JacksonWhite can help. The AZ Family Law<\/a> team is experienced in custody issues and has a proper understanding of Arizona\u2019s requirements for child safety. Attorneys Tim Durkin and Jon Mark McAvoy can help you navigate child custody whether it is during a divorce process, parenting plan modifications, or DCS investigation and court proceedings. If you have concerns about the custody of your children<\/a>, call JacksonWhite at (480) 467-4348<\/a>.<\/p>\n If you suspect that a child is a victim of abuse, you can report concerns to Arizona\u2019s Statewide Toll-Free Child Abuse Hotline: 1-888-767-2445. Any reasonable suspicions are enough cause to call and \u201cdo not need to prove the abuse\u201d as stated by the Department of Child Safety.<\/p>\nReport Child Abuse<\/h2>\n