Child Custody, Visitation,
Parenting Rights FAQ

Bishop & Associates provides quality representation in custody cases where the parties were married, when the parties were never married (paternity cases), and where the parties want to change a prior court order.

What custody options do I have?

Contrary to popular belief, there are many different options that you have regarding custody and parenting time. Such options all focus upon what is in your children?s ?best interests.?

If the parents can agree upon what is in the best interests of their children between themselves, the Court will generally adopt such agreement. We suggest that you consult with an attorney with regard to the ?Parenting Plan Agreement? to make sure that you have covered all necessary terms.

What Are The Types Of Custody?

There are generally 3 different types of custody, although the specific terms regarding custody and parenting time options are numerous and depend upon your individual circumstances.

• Sole Custody: This is generally where one of the parents makes all of the important decisions regarding the children (i.e. decisions regarding education, medical, religion), and where such parent has the majority of the time with the children.
  
  
• Joint Physical Custody: This is where everything is essentially equal. Under such option, the parents would have equal time with the children (or very close to equal time). Generally the parents will make all important decisions together (i.e. decisions regarding education, medical, religion).
  
• Joint Legal Custody: This is where one of the parents has more time with the children, but the other parent may have rights with regard to decision making. The parent with more time with the children is generally called the ?primary residential parent?. The Parenting Plan may provide that one of the parties makes the important decisions after consulting with the other parent. The Parenting Plan may provide instead that the parties make such decisions together. There are numerous options available.

What is a ?Dispute Assessment??

The Court may order (but is not required to order) a dispute assessment. The Superior Court provides certain programs to assist the Court in determining what is in the children?s best interests. One of the major programs through Conciliation Services regards ?dispute assessments?.

A mental health provider employed by the Superior Court will interview both the parents and perhaps the children. The mental health provider may contact other persons that have a significant role in the children?s lives (i.e. teachers, etc.). The mental health provider may then provide recommendations regarding custody, parenting time and other matters to the Court. There is no charge to the parties for this service.

What is a ?Custody Evaluation??

The Court may order, but is not required to order, a custody evaluation. This is where the Court assigns a private psychologist or mental health expert to determine and to provide recommendations to the Court. This is similar to a ?dispute assessment? as described above. However, the mental health expert is not employed by the Superior Court.

Private custody evaluations are generally more involved than dispute assessments. They often take longer than a dispute assessment. However, the mental health provider may do more as well. For example, the mental health provider (if a licensed psychologist) may provide for psychological testing of the parents. They may obtain documents from the parties and other sources (for example, prior counseling records, criminal records, etc.). They may interview the parties more often, and may interview the children more often. They may contact people involved in the children?s lives. They may also determine whether one of the parties is attempting to alienate the children against the other party.

Sometimes a dispute assessment is sufficient. Sometimes a private custody evaluation may be more helpful. Contrary to a dispute assessment, one or both of the parents must pay for a private custody evaluation. Such evaluations cost generally between $3,000.00 and $5,000.00. Sometimes the costs are divided equally or in some proportion. Other times, one of the parties is ordered to pay the entire amount.

Can I change custody later?

A parent can request that custody or parenting time be modified. Sometimes a parent wishes a complete change in custody. Sometimes a parent just wants more parenting time with the children. You must wait one year after the last Court order regarding custody to change custody unless the children are or may be endangered physically or mentally. This one year requirement does not apply to changes in ?parenting time?.

Sometimes a change in parenting time or custody is warranted because the children want to live primarily with the other parent. Sometimes such change is warranted because of the children?s ages and changed needs. Sometimes parenting time needs to be changed because one of the parents has moved away. If the parties agree to such change, the Court will generally adopt any agreements. Again, the parents should consult with an attorney to make sure all necessary terms are covered.

Can I Move With The Children, Or Can the Other Parent Move With The Children?

Whether a parent can move out of state or even to the other side of town depends upon whether such event is covered in the Court?s order and/or what is in the best interests of the children. You should always consult with an attorney before moving with the children. You should always consult with an attorney if you think that the other parent is planning to move with the children and if such move may affect your rights or your parenting time.

How Old Does A Child Have To Be Before He Or She Can Decide Who He Or She Lives With?

In Arizona, a child?s wishes can always be considered. Judges generally do not interview children although they have the discretion to do so. Judges generally prefer that a mental health expert provide information regarding the children?s wishes. Judges will sometimes allow the parents to tell the judge what the children want, however, the judge may not allow such testimony if the other parent objects.

These are only a few of the major questions that our clients often ask. Bishop Law Office is more than happy to answer any questions you may have during your consult with us.

What is Parenting Time?

This is the same thing as ?visitation?. The Court has recently began using the term ?parenting time? instead of the term ?visitation? or ?access?. Such terms are generally interchangeable.

What Are Guidelines for Visitation or Guidelines for Parenting Time?

Maricopa County publishes certain ?guidelines? regarding parenting time. However, every case is different. These guidelines are not set in stone. Nor do they state which parent (i.e. mother or father) is considered the primary parent. Rather, the Court looks at what is in the children?s best interests. Sometimes it is best that one of the parents is the primary residential parent. Sometimes it is best if the parties have equal time.

What Does The Court Look At In Determining Who Should Get Custody And How Much Parenting Time Should The Other Party Receive?

Arizona has statutes (rules) that set forth specific factors that the Court should address in deciding the best interests of the children. There are other factors which may not be written in the statutes, but may be important. These factors include but are not limited to the following.

1. Whether either of the parties have primarily provided the care for the children in the past.
2. What the parents want and why.
3. What the children want and why.
4. How the children get along with each of the parents and others.
5. How the children are doing in each household, and how they do in school and the community.
6. Whether the parents use appropriate discipline and reinforcement.
7. The mental health of each of the parents.
8. The mental health of the children.
9. The physical health of each of the parents.
10. The physical health of the children.
11. Whether the parents have any problems which effect the children?s best interests - For example - drug use, alcohol abuse, physical abuse of the children or the other parent, and criminal history in some cases.
12. Which parent is more likely to work well with the other parent regarding parenting time and other issues.
13. If psychologists or other mental health providers have been involved, the Court may consider recommendations from such experts.
14. Whether one of the parties is attempting to alienate the children or is engaging in other inappropriate behavior.
15. Whether there are events or factors which may endanger the children.
    

What Is A Parenting Coordinator (PC) Or Family Court Advisor (FCA)?

A Parenting Coordinator is essentially the same things as a Family Court Advisor. Such terminology was changed as of January 1, 2006. Thus, any appointed professionals after January 1, 2006 are called Parenting Coordinators as opposed to Family Court Advisors.

A Parenting Coordinator (PC) is a mental health expert or other expert appointed by the Court after a final custody order is entered. A PC can meet with the parties and attempt to resolve parenting issues as they arise. Examples of such issues are numerous; i.e. where the children go to school, the effect of new significant others on the children, continued communication problems between the parents, vacation and travel disputes, enforcement of parenting time issues, inappropriate parenting complaints, and essentially any other issues that directly or indirectly involve the children. Generally a PC attempts to guide and assist the parents in reaching an agreement on how issues are to be addressed.

The PC is much more than a mediator however. The PC has the authority to make recommendations to the Court regarding the various parenting issues. A PC can be an invaluable resource to assist parties who are unable to communicate or resolve ongoing issues.

A PC generally does not have the authority to recommend significant changes in custody or parenting time. If a party desires an expert's input regarding significant custody or parenting time changes, a custody evaluation or dispute assessment is generally required.