Posted by DivorceLine in Arizona Child Custody Laws
The court may order sole custody or joint custody. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child, based on the following factors:
a) The wishes of the child’s parent regarding custody.
b) The wishes of the child.
c) The interaction between the child and the parent, the child and the siblings or any other person who may significantly affect the best interest of the child.
d) The child’s adjustment to home, school and community.
e) The mental and physical health of all individuals involved.
f) Which parent will promote continued contact between the child and the other parent.
g) Which parent has provided primary care for the child.
h) Whether either parent was convicted of an act of false reporting of child abuse or neglect.
i) Whether a parent was influenced or coerced into a custody decision.
[Based on Arizona Revised Statutes; Chapters 25, Title 403 and 403.01]
Child Support:
In proceedings for a dissolution or legal separation, the court may order either or both parents to pay child support. The court may also order retroactive child support (if no child support was previously ordered) from the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The amount of child support order shall the based on the following factors:
a) The financial needs of the child.
b) The financial resources and needs of the custodial parent.
c) The standard of living the child during the marriage.
d) The physical and emotional condition of the child.
e) The child’s educational needs.
f) The financial resources of the non-custodial parent.
g) The duration of parenting time and related expenses.
h) Excessive expenditure, destruction, concealment, or fraudulent disposition of community property.
Child support continues until the age of majority unless the child is still attending high school (but only until age 19), or if the child is severely mentally or physically disabled and cannot be self-supporting. Support payments shall be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. Child support may be modified upon showing substantial changes in circumstances or every three years if requested.
[Based on Arizona Revised Statutes; Chapters 25, Titles 320, 322, 505.01]
