Child Custody

questions & answers

Question: my wife and I have been seperated for several months now.she has been in and out of rehab and now wants custody of our daughter.She has giving her mother guardianship.I want to know if I have any way of not letting her get my daughter.

Answer: Generally, under ARS 25-408(A) (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS) , if the other parent is entitled to parenting time by way of a divorce decree or custody agreement, that parent has the right to exercise visitation with the children unless “the court finds, after a hearing, that the parenting time would endanger seriously the child’s physical, mental, moral or emotional health.” State law entitles a parent to reasonable rights of parenting time as long as it remains in the best interest of the child. There are many factors that the court will consider in making a determination, including those listed in ARS 25-403 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS) , such as domestic violence, child neglect, substance abuse, and the criminal conduct of either or both parents, child’s relationship with parents, or child’s and parent’s wishes. Based on the best interest of child a parent may request to change a court order establishing visitation (also known as “Parenting Time” in Arizona). Conditions and procedures for modifying a parenting time order can be found in ARS 25-411 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00411.htm&Title=25&DocType=ARS) . Additionally, some custody agreements or parenting plans have a portion which directs how the parties can change the visitation schedule. You can also find additional information on this website about Child Custody, Visitation (http://www.azlawhelp.org/documents/Custody_and_Parenting_Time_Guide.pdf) , and Parental Rights and Obligations.