When a child is born to unmarried parents, the mother is presumed to have full legal and physical custody. Until the father petitions for paternity<\/a>, sole custody rests with the mother. As such, the father would not have the right to take the child until he is awarded custody.<\/p>\n When a child is born to married parents, the presumption is that both parents will equally share physical and legal custody. This presumption continues until the couple files for legal separation<\/a> or divorce<\/a>.<\/p>\n If a married couple separates but does not file for legal separation or divorce, both parents would still share physical and legal custody. Each parent would have just as much right to take the child as they did before the separation.\u00a0<\/span><\/p>\n That said, you don\u2019t have the right to take your child to another location in order to deny visitation to the other parent. This may be considered parental kidnapping, a serious offense that will hurt your prospects for custody when the issue goes to court.<\/p>\n The only exception would be for a parent who is acting in good faith to protect the child from witnessing domestic abuse or being a victim of abuse.<\/p>\n In any case, it\u2019s never a good idea to separate from your partner or spouse without a custody agreement<\/a>. Even if you don\u2019t want to seek a divorce or legal separation, you can hire an attorney and reach a custody agreement with your partner to ensure that each party respects the other parent\u2019s parental rights.<\/p>\n A custody agreement is in the best interests of the child, too, as studies show that children benefit from a structured relationship with both parents, rather than unpredictably spending time with the visiting parent.<\/p>\n The primary issue at stake in a custody dispute is the child\u2019s rights and best interests. Legally, a child has the right to visit with both parents, communicate with both parents, and receive reasonable support. The goal of a custody order is to ensure that these rights are preserved, and that the solution maximizes the child\u2019s best interests under the given circumstances.<\/p>\n In Arizona, parental rights can be boiled down to two topics\u2014parenting time and legal decision-making<\/a>. Parenting time (aka visitation) refers to a parent\u2019s right to spend private time with the child and communicate with them.<\/p>\n Legal decision-making (aka legal custody) refers to a parent\u2019s right to make important decisions concerning the child\u2019s upbringing, such as their education, religion, and healthcare.<\/p>\n Parents also have an obligation to provide reasonable support<\/a> to their child. When parents are separated or divorced, this usually takes the form of child support payments from the non-custodial parent.<\/p>\n Although child support<\/a> is often determined in conjunction with a custody order, it\u2019s important to keep in mind that it\u2019s an entirely separate legal matter. A parent who fails to make child support payments is still entitled to parenting time and legal decision-making.<\/p>\n It\u2019s common for both parents to share legal decision-making authority (a practice referred to as joint legal custody<\/a> in other states). This doesn\u2019t mean that the parents need to call each other over every little decision, but it certainly means that both parents should be part of the discussion for important issues.<\/p>\n If one of the parents isn\u2019t interested in being a part of these important decisions, or if they\u2019ve demonstrated that they\u2019re unfit to make these decisions, the court can grant one parent sole legal decision-making authority.\u00a0<\/span><\/p>\n When it comes to parenting time, most situations necessitate that one parent takes primary custody in order to provide a stable living environment for the child. Once this determination is made, the next step is to agree on a parenting plan that balances the child\u2019s best interests with each parent\u2019s right to parenting time.<\/p>\n The state of Arizona provides some guidance on the subject with the Planning for Parenting Time<\/a> guide, but it\u2019s a very personal decision and should be customized to your situation. It will probably require some extended negotiations between the parents, too, as neither parent wants to miss out on time with their child.\u00a0<\/span><\/p>\n ARS 25-403<\/a> specifically lists 11 factors that should be considered when determining if a custody agreement is in a child\u2019s best interests:<\/p>\n While a custody order is legally binding and fully enforceable, it can be modified when doing so is in the best interests of the child. In fact, modifying a custody order will probably be necessary as major life changes inevitably arise. It\u2019s best (and easiest) when both parents are in agreement, but you have the right to file a motion to modify the custody agreement on your own, too.\u00a0<\/span><\/p>\n When you file a motion to modify a child support order, the court will schedule a hearing and you\u2019ll be required to serve notice of the motion to the other parent.<\/p>\n At the hearing, you\u2019ll have the opportunity to present your proposed changes along with evidence as to why the changes are in the child\u2019s best interests. Of course, the other parent will have the opportunity to contest the proposed changes.<\/p>\n If the child is old enough, the court may assign a specialist to interview the child to determine their preferences. Based on all of the new facts and evidence, the judge will then decide if a modification is warranted.<\/p>\n When it comes to setting up a parenting time plan, visitation rights, and child custody you want to make sure that you not only have a plan that benefits your child, but all parties involved.\u00a0Minimize the conflict of child custody and child support\u00a0with the help of a knowledgeable & compassionate Mesa, AZ child support lawyer. At JacksonWhite Family Law<\/a>, we take an aggressive approach to fighting for your rights, and will always provide support in the best interest of any minor children.<\/p>\nGet a Custody Agreement<\/h2>\n
A Child\u2019s Rights<\/h2>\n
Parental Rights<\/h2>\n
Custody Orders<\/h2>\n
Factors the Court Will Consider When Determining Custody<\/h2>\n
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Modifying a Custody Agreement<\/h2>\n
Receive Help With Child Custody and Child Support in Arizona<\/h2>\n