In Arizona, a child custody ruling is primarily based on what is in the child’s best interest. In some cases, one parent may be named a son or daughter’s primary caregiver while the other is given generous visitation rights. However, there is no guarantee that this will be true in your proceeding.
Why your request for sole custody might be denied
As a general rule, custody is split 50/50 when both parents live in close proximity. This is because each adult is generally able to take an active role in their child’s life. Of course, parental rights may still be restricted for those who have substance abuse, gambling or other issues that might put a minor’s safety in jeopardy.
What does your child want?
The law typically allows your child’s input to be considered when crafting a custody order. Therefore, if your son or daughter expresses an interest to live with you, it may help in your effort to obtain sole custody. However, this may not be enough to negate the fact that you live in a dangerous part of town, own substandard housing or have a health issue that makes it difficult to look after a child without help from their other parent.
Do you have an irregular schedule?
It can be difficult to obtain sole custody of your children if you have an unpredictable schedule. The court wants a guarantee that you can arrange to be home when the kids get home from school or be available to provide consistent supervision during school breaks. Your attorney may be able to further explain how your work schedule might impact your quest to obtain sole custody.
If you’re seeking sole custody of your children, you may want to do so with the help of legal counsel. An attorney may be able to convince a judge that you have the financial, emotional and physical ability to serve as a child’s primary caregiver.