Child custody can be one of the most emotional parts of any divorce or legal separation. In Arizona, custody decisions are made based on what serves the child’s best interests, not necessarily what either parent wants. Whether you live in Scottsdale or elsewhere in Maricopa County, it’s important to understand how custody works, including the different types of custody, the factors courts consider, and how agreements can be changed later on. At Cohen Family Law, we’re here to help guide you through this process with clear advice and practical support.
Legal Custody vs. Physical Custody
In Arizona, custody is divided into two parts: legal custody and physical custody.
- Legal custody (also called legal decision-making) gives one or both parents the right to make major decisions about the child’s education, healthcare, religious upbringing, and personal care.
- Physical custody (also referred to as parenting time) determines where the child lives and how much time they spend with each parent.
Parents often share both types of custody unless there’s a reason not to. In Scottsdale, it’s common for judges to award joint legal decision-making, encouraging parents to work together even if the child’s living arrangements are primarily with one parent. Every family is different, and the final arrangement depends on what supports the child’s well-being.
Arizona’s Best Interest Factors
Custody cases focus entirely on what is best for the child. Arizona law outlines specific factors courts must consider when making custody decisions, including:
- The child’s relationship with each parent.
- Each parent’s ability to provide a safe, stable environment.
- How well the child is doing at home, in school, and within their community.
- The mental and physical health of the parents and child.
- Any history of domestic violence, substance abuse, or neglect.
Judges in Scottsdale Family Court will also consider whether each parent is willing to encourage a meaningful relationship between the child and the other parent. It’s not just about who the child prefers; it’s about long-term stability and emotional growth.
Parenting Plan Requirements
Parents who want joint legal decision-making must submit a detailed Parenting Plan to the court. This plan outlines how parenting duties will be shared and how decisions will be made.
A Parenting Plan must cover:
- How parents will handle legal decision-making.
- A detailed parenting time schedule, including weekdays, weekends, holidays, and school breaks.
- How disagreements about parenting issues will be resolved.
- Special arrangements for vacations, birthdays, and travel.
Creating a strong Parenting Plan is one of the best ways to avoid future disputes. We work closely with Scottsdale families to draft plans that are clear, realistic, and designed with the child’s best interests in mind.
Modifying a Custody Order
Life changes, and sometimes custody arrangements need to change, too. If a parent relocates, if a child’s needs shift, or if new concerns about a parent’s behavior arise, you may be able to request a modification.
In Arizona, you generally must show a substantial and continuing change in circumstances to modify custody. Some common reasons for modification include:
- A parent moves out of the Scottsdale area or further away.
- A child’s needs change due to age, schooling, or health.
- Concerns arise about a parent’s behavior, such as substance abuse or neglect.
Usually, you must wait at least one year after the last order before requesting changes — unless there’s an emergency involving the child’s safety. We can review your situation and help you determine whether seeking a modification makes sense.
Mediation and Alternatives to Court
While custody disputes can be stressful, they don’t always have to end up in court. Mediation offers parents a way to work out agreements privately with the help of a neutral third party.
Some of the benefits of mediation include:
- Faster resolutions compared to courtroom litigation.
- Less emotional strain on the child.
- More control over the final outcome.
In Scottsdale, parents can often access mediation services through the Maricopa County Superior Court system. We encourage families to consider mediation whenever possible — it’s often a healthier, more cooperative way to move forward.
Contact an Experienced Scottsdale Child Custody Attorney
At Cohen Family Law, we understand how important your child’s well-being is to you. We will help you create a custody arrangement that supports your child and protects your parental rights. If you’re dealing with a child custody issue in Scottsdale or the surrounding areas, contact us today. Let’s work together to build a better future for you and your family.
