Child Custody

questions & answers

Question: I work at home and currently have Joint 50/50 decision-making and parenting time. If I continue to exercise my first right of refusal while the other party is working would that be helpful when going back to court post-decree to help get more time with the children?

Answer: It may, but the judge looks at many factors in making decisions on parenting time.  The factors the judge must consider are set out in the Arizona statutes, specifically A.R.S. Sections 25-403 and 25-403.01.  The bottom line is the best interests of the child.  To determine that the court looks at which parent is the most cooperative with the other, the child's home and school needs, the physical and mental health of all the parties, which parent is most likely to foster a strong parent/child relationship between the child and the other parent, and a number of other factors.  You can read the statute on the state legislature's website to get more detailed information.  Go to: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00403.htm and https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00403-01.htm.

QUESTIONS

  • I work at home and currently have Joint 50/50 decision-making and parenting time. If I continue to exercise my first right of refusal while the other party is working would that be helpful when going back to court post-decree to help get more time with the children?

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  • State Bar of Arizona
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