For parents going through a divorce, one of the first—and most important—questions is: What will happen with the children? It’s completely natural to feel anxious about custody decisions, especially since these changes directly affect the time you spend with your kids.
Arizona strongly encourages both parents to remain actively involved in their child’s life whenever possible. The law recognizes two main types of custody: legal custody (legal decision-making) and physical custody (parenting time). Understanding the difference between these types is essential, as they involve different responsibilities and affect your role as a parent. Courts typically limit these rights only when a parent is unwilling or deemed unfit to care for the child. However, it’s important not to assume custody matters can be managed without professional guidance.
At Shaffer Family Law, we have extensive experience guiding parents through the often complex custody process in Arizona. Our attorneys understand the unique challenges these cases bring and are dedicated to achieving outcomes that prioritize your family’s well-being and long-term stability.
Understanding Legal Custody vs. Physical Custody in Arizona
- What Is Legal Custody (Legal Decision-Making)?: This refers to the rights and responsibilities a parent has—either individually (sole legal custody) or jointly with the other parent (joint legal custody)—to make important decisions concerning their child’s life. These decisions often include areas such as education, healthcare, religion, and extracurricular activities.
- What is Physical Custody (Parenting Time)?: Defines where a child lives and who is responsible for their everyday care. With sole physical custody, the child primarily resides with one parent, who handles daily routines such as meals, bedtime, and school drop-offs. In joint physical custody arrangements, both parents share these caregiving responsibilities, with the child spending significant—but not always equal—time living with each parent.
Legal custody and physical custody are separate aspects of child custody, and they don’t always align equally. Parents can share physical custody while only one parent has legal decision-making authority, or conversely, parents may share legal custody while the child primarily lives with one parent.
Navigate Child Custody Matters with Trusted Legal Support at Shaffer Family Law
Parents are encouraged to negotiate all aspects of child custody, including legal decision-making and parenting time. While mutual agreements are ideal, disagreements can occur—even between amicable parents. When this happens, the court will determine custody based on family law guidelines. These guidelines consider several factors, such as the mental and physical health of all parties, the child’s relationship with each parent, and each parent’s ability to meet the child’s needs.
Once custody is determined, parents collaborate to create a parenting plan that outlines child custody arrangements in detail, including parenting schedules, decision-making responsibilities, communication methods, dispute resolution processes, and additional details such as transportation to school. For more information on how to create a parenting plan, check out our detailed blog post. However, if an agreement cannot be reached, a judge will set the terms based on what they believe serves the child’s best interests.
At Shaffer Family Law, we are dedicated to making the custody process as straightforward and stress-free as possible for families in Maricopa County and across Arizona. From start to finish, our child custody attorneys guide you every step of the way. We help you clearly understand your legal options, facilitate constructive discussions, and assist in creating a comprehensive parenting plan tailored to your family’s unique needs. In court, we advocate vigorously for your rights, striving to secure arrangements that protect your interests while prioritizing your child’s best interests.
Call us at (480) 470-3030 or schedule your consultation online today to take the next step forward.