Legal Question in Family Law in Arizona
Joint Custody
During a separation, divorce in process and both parties agreeable to joint custody...does the Mother and Father have equal rights to the child (1-year old)as far as having the child 50% of the time? The Father would like to have the child every other full weekend (Fri night through Mon morning) and two week nights per week. Is the Father allowed this even though the Mother states she is agreeable to Joint Custody but does not want the Father to have him ''too much'' with the only reason being that she is an angry woman and she is trying to retaliate with no just cause....There is no court decree as of yet. Thanks for any help you can provide me.
2 Answers from Attorneys
Re: Joint Custody
Until a Court orders a specific schedule, neither parent's rights are greater than the other's. Utlimately, a Judge looks at the child's best interests. If it is in the child's best interests to spend equal time with both parents, then that is what will be ordered.
In my expereince, equal time with a child this young is relatively difficult.
Please contact me directly if you would like to discuss this further.
/s/ Rich J. Peters, Attorney
Re: Joint Custody
The courts have been very careful to emphasize that "joint custody" does not automatically mean "equal parenting time." Ultimately, all custody and visitation decisions are reached (by agreement or by court order) based on an evaluation of the child's best interests.
Sometimes equal parenting time is difficult with very young children, but under the appropriate circumstances, the parents can make it work.
Please contact me by email or phone if you would like to schedule an appointment to explore this issue in greater detail.
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