Arizona Divorce Lawyers | Child Custody | Division of Property

Child Custody

At first glance, child custody sounds simple, but after looking at the different types of custody, you can see there is a lot to think about.  Child custody is a term that refers to the bundle of rights and responsibilities that a parent carries with respect to his/her child. Child custody includes numerous concepts; some of which overlap and some that are distinct. The term child custody can be further broken down into terms that shed additional knowledge and provide a greater understanding of the respective parents rights and obligations with respect to their common child.

1. Wishes of the child (if old enough to capably express a reasonable   preference);
2. Mental and physical health of the parents;
3. Religion and/or cultural considerations;
4. Need for continuation of stable home environment;
5. Support and opportunity for interaction with members of extended family of either   parent;
6. Interaction and interrelationship with other members of household;
7. Adjustment to school and community;
8. Age and sex of child;
9. Parental use of excessive discipline or emotional abuse; and evidence of parental drug, alcohol or sex abuse.

Determining "Primary Caretaker" of the Child

In addition to the above factors, family court allows a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the course of the marriage.  In custody cases, the "primary caretaker" factor became important as psychologists began to stress the importance of the bond between a child and his or her primary caretaker.  This emotional bond is said to be important to the child's successful passage through his or her developmental stages, and psychologists strongly encourage the continuation of the "primary caretaker"-child relationship after divorce, as being vital to the child's psychological stability.

When determining which parent has been the primary caretaker, courts focus on direct care-taking responsibilities, such as:

• Bathing, grooming, and dressing;
• Meal planning and preparation;
• Purchasing clothes and laundry responsibilities;
• Health care arrangements;
• Fostering participation in extracurricular activities; 
• Teaching of reading, writing, and math skills. 

Other factors may be considered as important when determining primary caretaker status.  Even such things as exposure to second-hand smoke and volunteerism in the child's school have been considered in a primary caretaker analysis.  While, in the past, the primary caretaker preference seemed just another way to award custody to mothers, as more and more men share parenting responsibilities, this preference does not necessarily favor mothers.  When it is apparent that both parents have equally shared parenting responsibilities, courts once again will fall back on the "best interest" standard in determining custody.