Child custody in Arizona is based on the best interests of the children. When the parents do not agree on custodial arrangements, a judge must consider all relevant factors, including such things as the wishes of the parents and the child, the child’s relationship with each parent and other significant persons in the child’s life, the mental and physical health of all individuals involved, whether one parent has provided primary care for the child in the past, which parent is more likely to allow the child a meaningful relationship with the other parent, and any history of domestic violence or substance abuse. In cases where the parents do not agree, the judge must determine who will have legal custody, or decision-making authority, as well as the amount of time the child or children will spend with each parent.

Child support can be easily calculated under the Arizona Child Support Guidelines after several other variables have been determined. Specifically, the following information is required to calculate child support:

1. Each parent’s monthly gross income;
2. The amount of spousal maintenance paid or received by either parent;
3. The amount of court-ordered child support paid by one parent for support of children not common to the other parent;
4. The cost to one parent of supporting children not common to the other parent;
5. The amount of the medical insurance premium for the children;
6. The child care expenses; and
7. The physical custody schedule.

Once this information has been determined or can be closely estimated, one of the firm’s attorneys can assist you in estimating the amount of the child support.

Arizona law allows a court to award spousal maintenance, which is the same as alimony if certain conditions are met. Arizona judges have broad discretion in determining whether or not to award spousal maintenance and in determining the amount and duration of spousal maintenance awarded. It is best to speak directly with one of the firm’s attorneys regarding your specific situation to get an idea whether spousal maintenance might be awarded in your case.

If the parents are married, either parent may move the children out of the house and even out of the State of Arizona without violating the law if a court order has not been entered determining custody or visitation or otherwise specifically prohibiting the relocation. It is generally not advisable for one parent to move out of the State with the children when a divorce is contemplated, however, since it may appear to the court that the relocating parent has attempted to deprive the other parent of a relationship with the children. Such conduct could result in a loss of custody in the divorce case to the relocating parent. Once a divorce case is filed, a court order specifically prohibits either parent from removing the children from the State without the other parent’s written permission or the permission of the court. If there is no divorce case pending, but both parents reside in the State and have at least visitation rights under a court order or written agreement, neither parent may relocate the children out of the State or more than 100 miles within the State unless certain notice requirements are met. Temporary relocation is allowed under some circumstances. The non-relocating parent can ask the court to prevent the relocation of the children, and the court will generally set a hearing to determine whether the relocation should be allowed.

The parent being denied visitation may petition the court to enforce visitation if court orders are in place that have established visitation. The court may assign the matter for a conference with a Court Officer to determine the reason for one parent’s withholding visitation and whether or not the visitation issues can be resolved without further court intervention. It is generally not advisable for one parent to deny the other parent visitation with the children since it may appear to the court that the parent denying visitation has attempted to deprive the other parent of a relationship with the children. Such conduct could result in a loss of custody of the parent not allowing visitation. If the parties cannot resolve the visitation dispute without court intervention, the matter will be set for an evidentiary hearing at which time the court will determine how to resolve the dispute in the best interests of the children. If the court finds no reasonable basis for the denial of visitation, the court will take steps to ensure the non-custodial parent has an ongoing relationship with the children. This could include holding the custodial parent in contempt of court until he or she complies with the court’s visitation order or even changing custody. Denial of visitation may also be prosecuted criminally under certain circumstances.