Understanding the Differences Between Sole Custody and Joint Custody

In a divorce in Arizona, the way that legal custody is structured will ultimately have a significant impact on how future decisions affecting children will be made. Physical custody impacts where the child will live. Legal custody impacts day-to-day decisions such as health care, religion, education and other major issues. Custody arrangements may also impact visitation rights, child support and other matters.

Understanding the differences between sole custody and joint custody is important for parents going through a divorce or family law matter.

The concept of joint legal custody does not necessarily imply that the time spent with each parent will be equal, but it does mean that parents will consult with one another on important issues pertaining to their children. Parents with joint custody are encouraged to resolve disagreements amicably but may also petition the court to make a decision that is in the best interests of the child when agreement is not possible.

Since the courts in Arizona prefer that both parents have a relationship with their children, sole custody is much rarer than joint custody. When one parent is considered unfit, however, sole custody may be the best solution for the child. Sole custody does not automatically limit visitation rights, but the sole custodial parent is allowed to make the ultimate decisions on many issues even over the objection of the non-custodial parent.

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Never Married and the Mother of My Child Will Not Let Me See My Kid

An action may be brought to establish the paternity of a child born out of wedlock, to compel the support of the child, and to establish custody and visitation rights. The action may be filed by the mother, father, or guardian where the child resides or may be found. A.R.S. § 25-803.

What should I do if someone I am not married to is pregnant and I want to ensure that she does not give the child up for adoption?

A father (or a person who thinks he is a father) who is seeking to establish paternity and wants to receive notice of adoption proceedings must file a notice of his claim of paternity and his willingness to support the child with the registrar of vital statistics. The notice may be filed before the birth of the child, but must be filed within thirty days of the birth of the child. A.R.S. § 8-106.01 and § 25-812.

Will I have to take a blood test?

In most cases no. However, the court may on its own motion or the motion of any party to the proceedings order blood or DNA testing.

What are my support obligations once paternity is established?

After a finding of paternity, the court shall determine the amount of past support to be paid. The court will not order past support back further than three years from the beginning of the proceeding unless it finds there is good cause. A father may also be ordered to pay the expenses of the childbirth. A.R.S. § 12-809.

What do I get custody or visitation rights?

Custody and visitation can be established through a paternity action by any party other than the state.

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