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Sole Custody

November 9, 2022 Cindy Best

Sole custody is older language that in practice usually means one parent has sole legal decision making, the child lives primarily with that parent, and the other parent has limited parenting time. Under current Arizona law these components are addressed separately as sole legal decision making and a specific parenting time schedule.

Under the Alec and Lydia Act, when domestic violence has been found, there is a mandatory presumption against awarding legal decision making of any type to the abusive parent. What used to be argued as a reason for sole custody in favor of the protective parent is now a legal presumption backed by statute. The protective parent starts from a much stronger position under the new law.

 

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