questions & answers

Question: my ex-boyfriend and i were never married. we have a two and a half year old son. i have not filed for child support but would like to. he has not been supportive and rarely comes to see our son. in the past 6 months, he visited our son twice.. he say's if im going to file, he wants joint custody. can this happen?

Answer:

The following answer provides general information about custody in Arizona:

A.R.S. § 25-403 states that a court shall determine custody in accordance with the best interests of the child. That statute also lists the factors that are considered in determining the best interests of the child. The statute lists the following factors:

1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship 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.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. Whether one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

In addition, the statute states,  "in a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child."

A.R.S. § 25-403.01 discusses the court's consideration of joint or sole custody and some additional factors that are considered in determining whether joint custody is in the child's best interest.

You may want to review the articles posted on this site which discuss child custody and parenting plans, which can give you additional information about custody in Arizona. Generally a biological father's rights can vary depending on the specific circumstances, for example, whether paternity has been established or not.  Since what occurs can change depending on what legal relationship has been established between a biological father and his child, you may want to consult an attorney to find out how the law applies to your specific situation.