Frequently I have male clients that are worried whether the
mother of their children will be able to take their kids away from them based
solely on the fact that they are the children’s mother. In a word the answer is a resounding-
NO.
According to Arizona Statute, custody of children is based
on what is in the child’s best interest. Not only do Arizona Statutes not offer any presumption
that the mother should have the children based on her gender, but it
specifically forbids any custody decision based on a parents gender.
Arizona Revised Statute 25-403.01 states directly that “The
court in determining custody shall not prefer a parent as custodian because of
that parent’s sex”. In other
words, both parents start out with the presumption that being with their child
as close as possible to 50% of the time is what is in the best interests of the
child.
Two parents created the child and unless there are some sort of extreme circumstances, it is in the child’s best
interest for them to grow up with both parents in their lives. You may no longer like the person you had a child with, but
that does not change the fact that it is almost always in your child’s best
interest to have both parents active in their lives.
There are factors that courts do take in to consideration
when determining what is in the best interest of the children. According to ARS 25-403, a judge has to
consider all relevant factors when deciding custody including:
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 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, both, 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 both parents took the mandatory
parenting education class.
10. Whether
either parent was convicted of an act of false reporting of child abuse or
neglect.
11. Whether
there has been domestic violence or child abuse.
In future blogs I will discuss each of these factors in more
detail, discuss the difference between custody, legal decision making, and
parenting time, and discuss the ins and outs of establishing paternity in Arizona.
