At What Age Can Children In Arizona Decide Where They Want To Live?

Parents of divorced or separated parents often want to know when their children can decide where they want to live.  In fact, Arizona has no “magic age” at which the children can choose their own parenting time schedule. The Court does consider the wishes of the children in determining custody and parental access.  The Court has the authority to interview the children or have court personnel or a private custody evaluator interview the children.  Parents can request such an … [Read more...]

What Can I Do To Get Custody of Or Access With A Child That Is Not Mine In Arizona?

Arizona recognizes rights to custody of or access with children for non-parents under certain circumstances.   This article will address two forms of non-parental access to children through the family law Court:  grandparents’ rights and what is called in loco parentis rights.  However, there are also methods for non-parents to care for children through the juvenile court, such as where the children do not have a parent willing or able to care for them or where the parties are in the … [Read more...]

Joint Custody Agreement Modifications in Arizona

Joint Custody Agreements may have to be modified from time to time.  This may be because the children are getting older and have different needs.  It could also be that one or both of the parents’ schedules or residences have changed.  Sometimes a change to the plan is necessary because a parent is not parenting responsibly. Most Joint Custody Agreements anticipate the need for modification and build in a requirement that the parties must meet every year or two years to discuss changes.  Many … [Read more...]

Can I Use Mediation If I Want To Move Out of Arizona With The Children?

If you have custody orders through the Arizona courts, you cannot move with the common children out of state, or even over 100 miles in state, absent an agreement or a Court Order. If the other parent contests the move, pursuant to Arizona law (A.R.S. § 25-408), the Court will determine whether the relocation is in the best interests of the child or children.  It is the burden of the party requesting the relocation to prove that the move is in the children’s best interests.  Some of the … [Read more...]

How is Child Custody Determined in Arizona?

In Arizona, the Courts are required to determine whether parents are to have joint custody or sole custody when the parents file for an Arizona divorce or file a paternity action (where the parents were never married).  The Court also has to make these determinations when a parent has asked the Court to modify the custody or parenting time orders. Joint custody in Arizona means that the parents jointly make important decisions about such things as education, health and religion.  Sole custody … [Read more...]

Alona M. Gottfried, Esq.
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 776-8271