What Does “Best Interests of the Child” Mean?
When parents of a child have a dispute over custody, the family court is required to make its custody decision based on what is in the best interest of the child. This is a legal standard that includes several factors that must be considered by a judge who is hearing a child custody matter and making a final custody determination.
Family court judges use the “best interests of the child” standard to make decisions regarding parenting time and legal decision-making authority, otherwise known as custody. If you are involved in a dispute regarding the custody of your child, the experienced attorneys at the Law Office of Daniel Hutto can help you to understand how this standard might be applied in your case and how to use it to best advocate on your behalf.
What Issues Must be Determined in a Child Custody Case in Arizona?
When Arizona courts hear child custody cases, two issues must be decided. The first issue that a judge will need to determine is the physical custody, now known as parent time, of the child. This refers to which parent the child will live with and the amount of visitation the other parent will enjoy with the child.
The second issue that a judge will need to decide is the legal custody, now known as legal decision-making authority, of the child. Legal custody refers to which parent will have the authority to make decisions for the child. These two issues are now referred to as parenting time and decision-making authority in Arizona instead of physical and legal custody.
Instead of letting the court make decisions about parenting time and decision-making authority, parents should try to negotiate with each other to reach an agreement. In many cases, parents are happier and more involved with the outcome when they can reach negotiated agreements between the parties instead of leaving the decisions up to the court. An experienced family law attorney can help negotiate on your behalf to obtain the best custody arrangement for you and your children.
After reviewing the best interests of the child factors, the court might issue any of the following orders:
- One parent could be granted sole legal decision-making authority and designated primary residential parent, with limited or supervised parenting time for the other parent.
- The parents could be awarded joint legal decision-making authority with final say to one parent and could exercise equal parenting time.
- Both parents could be granted equal parenting time and share joint legal decision-making authority with neither parent having final say.
- In some cases, the parents will not be able to reach an agreement regarding parenting time and legal decision-making authority without involvement of the court. If this is the situation, the court will evaluate the facts and evidence during a temporary or final trial, and issue orders regarding parenting time and legal decision-making authority. When the court makes this decision, the judge will apply the best interests of the child standard in reaching a conclusion.
To learn more about child custody law or family law representaion in Arizona visit The Law Office of Daniel Hutto PLL
About Daniel Hutto
It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously.
But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.
If you are involved in a child custody dispute, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto
4201 North 24th St.
Phoenix, Arizona 85016
Phone: (6020 671-0391
https://azcriminalandfamilylaw.com
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