How Will the Court Determine the Parenting Time for the Minor Child?

It is the policy of the State of Arizona that, absent contrary evidence, the child should have “substantial, frequent, meaningful and continuing parenting time with both parents.” The court will always look to the best interest of the child in determining a parenting time schedule. The judge considers many factors in determining the best interest …

What Types of Custody are Awarded in Arizona?

Arizona does not use the word “custody” in making decisions about a minor child. Instead, Arizona uses the terms legal decision-making and parenting time to better define what a court must do in deciding issues related to a minor child. Legal decision-making refers to the right and responsibility of a parent to make nonemergency decisions …

Who Decides Who Gets to Live in the House While We Go Through the Divorce?

Neither party is required to leave the marital residence during the divorce unless a court orders one party to leave. If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, you may seek a temporary order for exclusive possession of the home until the case …

Considering the Child’s Preference and Primary Care Provider in a Custody Case

Two questions that often get asked in custody cases are what weight does the child’s preference have in a custody case, and how can I demonstrate to the judge that I have been the primary care provider. The preference of your child is only one of the many factors a judge may consider in determining …

What is the Best Way to Communicate with My Lawyer During My Divorce?

Divorce can be a stressful and emotionally draining time. However, knowing when and how to communicate with your legal team can help to alleviate some of the stress. Here are a few tips for ways to best communicate with your lawyer. Avoid communicating on minor issues that are out of the control of your lawyer. Most …