What are child custody and visitation rights?

Child custody and visitation rights are important considerations in any divorce proceeding in Arizona. Child custody refers to the legal right of a parent to make decisions about their child’s upbringing. This includes decisions about where they live, what activities they participate in, and where they attend school. Visitation rights refer to a parent’s right to spend time with their child, usually in the form of regular visitation schedules and holidays. When a married couple divorces in Arizona, the court will typically take action to determine who will have legal custody of the children and who will have visitation rights. Courts usually prefer that parents come to an agreement on custody and visitation between themselves, but if they are unable to do so, the court will make the ultimate decision. In Arizona, courts typically award joint legal custody to both parents, meaning both have the right to make decisions about the child’s upbringing. However, the court may award physical custody to one parent over the other. Physical custody is the right to have a child living with them, and visitation will be granted to the non-custodial parent. The custodial parent is typically the parent with whom the child has lived with for the majority of the past two years prior to the divorce. Ultimately, the court will determine custody and visitation rights based on what is in the best interests of the child. In Arizona, courts look at various factors, including each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, the mental and physical health of each parent, and any history of domestic violence. The court’s decision will remain in effect until the child reaches the age of 18 or until further modification is necessary.

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