Shared Equity Agreement With The Child In Maricopa
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FAQ
In Arizona, a parent can be charged with the crime of custodial interference if s/he takes, entices (persuades) or withholds any child from the other parent and denies that parent access to any child even before there is a court order regarding legal decision-making and parenting time.
In Arizona, joint legal custody requires a written parenting plan that must be reviewed periodically and provides a way to resolve conflicts about custody and parenting time. The parenting plan also must include a statement that joint custody does not necessarily mean equal parenting time.
To file for joint custody, the parents must agree to a written parenting plan, and the court must also find the resolution to be in the best interest of the child. At this point, the court will grant joint custody to the parents.
The 2-2-3 Schedule Under the 2-2-3 rotation, the child spends two days with one parent, then two days with the other parent, followed by a three-day stay with the first parent. The pattern then repeats, but with the roles reversed, ensuring that each parent has equal time with the child over a two-week cycle.
Are There Certain Situations Where the Court Would Not Grant 50/50 Custody? Although Arizona law prefers a 50/50 parenting plan as the default option, some circumstances can prompt the court to pursue an alternative arrangement. As always, the child's best interest is the overarching concern.
For a father to win joint physical custody and equal parenting time requires the father to show the court such a schedule is in the child's best interest.
In Arizona, there is no particular age that allows the child to decide the custodial preference. Judges must make case-by-case analyses depending on specific circumstances.
The 2-2-5-5 schedule: Your child(ren) spend(s) 2 days with each parent and then 5 days with each parent. The 2-2-3 schedule: Your child(ren) spend(s) 2 days with one parent, 2 days with the other parent and 3 days with the first parent. Then, the next week it switches.
At What Age Can a Child Refuse to See a Parent in Arizona? A child can only refuse a court-ordered visitation or custody schedule when they turn 18. Before that time, the court may take into account a child's preference, but it is not required to.
If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.
