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ASK ANGIETM
By Angela Hallier, Esq.
Answers to your divorce and family law questions
Q My Wife and I are separating. What should we consider in discussing
custody of our children?
A
There are two separate types of custody arrangements to discuss. The first is
whether joint or sole "legal" custody of the child is most appropriate. Sole legal
custody refers to an arrangement whereby one parent has the sole right to make
major life decisions for the child. With joint legal custody, neither parent’s decision-making
rights are superior. Parents agree to cooperate in making major decisions on behalf of
the child, and commit to discuss such decisions in the areas of education, religion, and
medical treatment. In Arizona, the most common legal custody arrangement is joint legal
custody (and seemingly most preferred by the courts), although no "presumption" exists
favoring one arrangement over the other. Commonly cited studies reflect that children
benefit most when their separated parents cooperate in their upbringing.
In addition to legal custody, a schedule of "parenting time" (formerly referred to as
"visitation") with each parent must be established. Special schedules for holidays and
vacation time should also be agreed upon. Parenting time schedule considerations should
include the parents’ work schedules, the schedules and ages of the children, and the proximity
of the parents’ homes. Parenting plan suggestions which consider a child’s age and
developmental needs can be found under "Model Parenting Plans" at
www.supreme.state.az.us drop down menu "Children/Family Issues"
The overriding concern and legal standard in all custody related issues is the best
interests of the child. In most cases, that means frequent and meaningful contact with both
parents. In rare cases, minimal supervised contact may be best if a parent is unable to
have a safe and healthy relationship with their child.
Now let me debunk some common urban myths about child custody:
1. I won because I am called the "primary" parent in the parenting plan. While it is not
uncommon to refer to one parent as the "primary residential parent," this term in and of
itself has little meaning under Arizona law, even if the child does live with you primarily,
other than to define which person can apply for public assistance on behalf of the child.
2. I want "full" custody. There is no such thing.
3. I heard at age 12 my child can decide where he wants to live. No, there is not a magic
age at which a child gets to make such choices. However, your child’s wishes can be considered
by the court.
4. I can move back to my hometown in Indiana with my child whenever I want because I
have sole legal custody. Wrong. A specific procedure of notice applies if you want to
move, regardless of custody arrangements, and the move can be objected to by your former
spouse. In that case, a court will decide whether you can move with your child.
And a reminder: If you are considering a divorce or are in the midst of one, don’t forget
the Second Saturday seminar, held at Ottawa College on the second Saturday of every
month. You receive 4 hours of divorce-related information from experts including myself, a
certified divorce planner, and psychologist for only $40.00. Call 602-569-4764 to register.
It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your
case. The information in this column is provided for general information only in the state of Arizona, is not specific
to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC
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