Child Custody FAQs

It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party.

You could ask for a Rule 63 psychological or psychiatric examination or a custody evaluation.

No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the Court’s Conciliation Services may choose to interview your children as part of a Parenting Conference. Children over the age of six or seven can usually be interviewed.

Only if you and your ex cannot agree. You really do not want to turn this life-changing decision over to a stranger who will only get to know your family in a few hours or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue and you must have the help of the court to protect your children.

Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids.

Who has provided primary care in the past is no longer considered in determining what arrangement is in the children’s best interests. Perhaps he never had the chance to co-parent in the past. But if he is doing a good job, the kids are happy and he is now a good, involved father, congratulations to your family! Fathers often shift their work focus after a divorce so they can stay involved in their children’s lives and that is a good thing.

Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69 that will be valid in court. You can attach it to your joint parenting agreement or re-write into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce just so you have some certainty.

You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a written temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule.

It is basically a free-for-all, unless you all can decide. Just remember, what you do now can be reported to the court later. If you unreasonably keep the children away from one parent, out of vindictiveness, that will be contrary to you obtaining legal decision-making.

The parenting time arrangement is one factor considered in the worksheet.

Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet then take a step back and think about your son’s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is “your” time. You should seriously consider whose needs you are thinking about. We have heard on more than one occasion that it is “not in the child’s best interest” to be involved in school activities during one parent’s time, but that is simply not the case. It is important as a parent that you stay involved in your children’s lives. Your life should revolve around their activities, not the other way around.

The court will not mandate where each parent takes the children to worship on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court will enforce it.

This can get sticky, since there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Generally the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your ex has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern.

You should very seriously consider it. Do your kids want to go? Remember, while this is “your” time, it is also their childhood. Try to negotiate and get make up time or be gracious and let it go, knowing that your former ex will return the favor when your parents come to town. Keep your kids first.

Do you know why she does not like to visit him? If he is safe and his house is safe, you should do everything you can to encourage the relationship. She may be taking on your negativity or he may just not be a very attentive parent. Help him be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent.

Significant domestic violence is contrary to joint legal decision-making. Please consult with an experienced family law attorney.

Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: www.tascaz.org. You might want to consult with an attorney as this issue can become complicated.

My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend?

You could have an agreement called a “right of first refusal.” This is a common provision which reads that if one parent who has the kids is gone for more than 4 hours, s/he will call the other parent and offer them the “right” to parent the kids before anyone else. If the other parent is busy, then Parent #1 can leave the kids with a responsible person of their choice. In the past this has created a great deal of litigation and is not a favored provision by most judges.

The short answer is no. It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not “your time;” it is your child’s childhood.

It all depends; this is discussed in the child support section or child support calculator of our website.

No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests but keep your children safe. You might want to know the person’s birth date and social security number so you can run a background check on him/her. You have a right to know your children are safe.

Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court.

The court looks at the following factors:

• The past, present and potential future relationship between the parent and the child.
• The wishes of the child’s parent or parents as to legal decision-making.
• If the child is of suitable age and maturity, the wishes of the child as to the custodian.
• The interaction and interrelationships of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
• The child’s adjustment to home, school and community.
• The mental and physical health of all individuals involved.
• Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent.
• The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making.
• Whether a parent has complied with chapter 3, article 5 of this title.
• Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

There is no such preference. There are many factors that the court considers but courts do not favor mothers over fathers.