When Can a Parent Pursue Sole Custody in Arizona

One of a parent’s biggest nightmares is the possibility of losing custody of their child. The thought of spending less time together or having less say in important decisions about their future can be deeply unsettling. Unfortunately, this is a reality some parents face when facing divorce.

At Shaffer Family Law, we understand how emotionally challenging and legally complex these matters can be. Whether you’re a mother or father seeking sole custody or concerned about your parental rights, having the right legal guidance can help you evaluate your options and move forward with greater clarity.

Common Reasons to Seek Sole Custody in Arizona

Parents may seek sole custody when they believe shared arrangements are not in their child’s best interests. In Arizona, child custody involves two distinct matters: legal decision-making, which determines who makes major decisions about the child’s upbringing, and parenting time, which establishes when the child spends time with each parent. 

  • History of Abuse: If one parent has a history of physical, emotional or sexual abuse.
  • Substance Abuse: If a parent struggles with substance abuse from drugs or alcohol.
  • Neglect: If one parent fails to meet the child’s basic needs, including proper supervision, medical attention, food, shelter, or other necessities.
  • Relocation: If one parent moves out of state or another country, either parent may seek a custody arrangement based on the child’s best interests.
  • Lack of Parental Involvement: If one parent shows little interest in the child’s life or makes minimal effort to participate in their upbringing despite having opportunities to do so.
  • Mental Health Concerns: If one parent has serious, unmanaged mental health issues that interfere with their ability to care for the child or raise concerns about the child’s safety.
  • Incarceration or Criminal Charges: If one parent is incarcerated or facing serious criminal charges that prevent them from being present in the child’s life.
  • Lack of Cooperation: If parents are unable to reach agreements on important matters involving their child.

Get Guidance on Sole Custody in Arizona

Requesting sole custody in Arizona does not guarantee that a judge will grant it. These decisions are based on the child’s best interests, considering factors such as their relationship with each parent, adjustment to home, school, and community, the mental and physical health of everyone involved, and any history of domestic violence or abuse.

It’s important to understand that legal decision-making and parenting time are two separate matters. One parent may have sole authority to make major decisions about their child’s upbringing while both parents continue to share parenting time. Similarly, parents may share legal decision-making authority even when one spends significantly more time with the child. Ultimately, Arizona courts focus on determining an arrangement that serves the child’s well-being.

At Shaffer Family Law, we recognize that your family’s future is on the line. Whether you are pursuing sole custody or working to preserve your bond with your children, we stand by your side throughout the entire process. Our dedicated attorneys will gather essential evidence and provide expert representation in trial, ensuring your voice is heard and your rights are protected.

Contact us at (480) 470-3030 or request your consultation online to discuss your case today.

 

Sources:
https://www.custodyxchange.com/topics/plans/overview/custody-agreement-sole.php

Scroll to Top