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CUSTODY PRESUMPTION?

18November
2010

While it stopped short of explicitly stating a presumption in favor of joint legal and physical custody, the Arizona legislature has stated that it is in the best interest of children that both parents have a substantial role in making decisions and spending time with their children, absent evidence to the contrary. Only time will tell whether this declaration impacts judicial decisions in cases dealing with contested custody determinations.


25-103. Purposes of title; application of title

A. It is declared that the public policy of this state and the general purposes of this title are:

1. To promote strong families;

2. To promote strong family values.

B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in a child’s best interest:

1. To have substantial, frequent, meaningful and continuing parenting time with both parents.

2. To have both parents participate in decision-making about the child.

C. A court shall apply the provisions of this title in a manner that is consistent with this section.

THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON AS SUCH, AND IS NOT INTENDED TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE A LEGAL QUESTION, PLEASE CONSULT WITH AN ATTORNEY OF YOUR CHOOSING. WWW.MEDIATIONINSTEAD.COM

Posted in child custody, collaborative mediation, divorce, divorce attorney, domestic relations, family law, order of protection, paternity |