How to Get Full Custody of a Child in Arizona

In the State of Arizona, similar to other states, full custody of a child is an arrangement where one parent handles all of the responsibilities associated with raising the child. There are certain specific situations in which full custody may be awarded to one of the child’s parents, including, but not necessarily limited to:

• The court determines that one parent is not fit to raise the child
• A parent has a history of abuse or neglect
• One parent has a negative criminal record or is incarcerated
• A parent is disabled, ill, or is incapacitated for some other reason

When one of a child’s parents is awarded full custody, it means that they have legal and physical custody. It is important to be aware that when one parent has full custody, it does not mean that the other parent cannot have any visitation rights.

When one parent is awarded full custody, called the custodial parent, the child’s other parent, referred to as the non-custodial parent, may be given visitation with their child. The amount of visitation the other parent is awarded will be determined by the facts of each individual case.

Are Full Custody and Sole Custody the Same Thing?

Although the terms sole custody and full custody are often used interchangeably, there are differences. With a sole custody arrangement, a non-custodial parent is not typically awarded any custody or visitation rights.

In these cases, the non-custodial parent will likely be ordered to pay child support. A court will often only give full custody to one of a child’s parents in specific situations, including those discussed above. Courts usually consider it to be best for children when they maintain relationships with both of their parents.

With a full custody arrangement, one of the parents will have physical and legal custody. This parent has the right to make specific legal decisions on behalf of their child, including their:

• Education
• Religion
• Healthcare
• Extracurricular activities

The child will live in the home of the parent who has physical custody. This parent will be responsible for their child’s:

• Clothing
• Shelter
• Food
• Other related expenses

In some situations, if full custody is ordered, the non-custodial parent will be awarded visitation with the child. Full custody will be more demanding for the custodial parent than other types of custody arrangements because they will be responsible for most aspects of raising the child.

When full custody is not awarded or is not an available option, there are other available custody arrangements, including:

• Legal guardianship
• Shared or joint custody
• Planned visitation

To find out more about the custody arrangements that may be available, it is important to have a lawyer consultation with a local Arizona attorney.

What Are the Requirements for Full Custody?

There may be some full custody requirements that parents may have to fulfill in their jurisdiction to obtain full custody of their child. This may include showing the court that they are fit as a parent and can prioritize their child’s best interests while providing them with a stable home environment.

Parents may have to provide evidence showing that the other parent cannot care for the child due to issues such as abuse, neglect, or instability. When a court is making decisions about child custody, there are many factors that will be considered, including:

• Which parent will be best able to give the child a stable home environment
• Who can give the child financial stability
• Which parent is fit to properly care for the child
• Whether abuse or neglect has occurred
• The preferences of the child, if they are old and mature enough to express them
• What is in the best interests of the child to fulfill their physical, educational, and emotional needs

How Is Custody Determined?

When a court makes any type of child custody decisions in Arizona, it will use the child’s best interests standard. There are also many other unique family issues that the court will review, including:

• Whether the child has any special needs or disabilities that may result in the child being more accustomed to one parent providing daily specialized care
• Information about the child, such as their:
  • sex
  • age
  • personal characteristics
• The mental health of both parents
• The physical health of both parents
• If the child is 12 years of age or older and mature enough to share, their custody preferences
• The background and lifestyle stability of each parent
• Whether the child has attachments to other members of the home, such as siblings
• Whether a parent will be able to provide emotional and financial support for the child
• The commitment of each parent to helping their child having an ongoing healthy relationship with their other parent
• Environmental factors that impact the child’s life, such as:
  • Education quality in each parent’s school district
  • How close each parent resides to the extracurricular activities the child participates in
  • How safe each parent’s neighborhood is

Once the court has made a decision in the child custody case, it will be issued in a child custody order. To obtain a custody order, a parent involved in a legal separation or divorce may need to petition a family court.

In some locations, the custody laws for unmarried parents dictate that the child’s mother will be given primary custody initially until the child’s father petitions the court for visitation or custody rights.

When Is Full Custody Awarded?

It is not typical for full custody to be awarded to one parent simply because they ask for it. This arrangement is only used when the court believes it is truly in the child’s best interests.

When one parent wishes to obtain full custody of their child, they should be prepared to show the court:

• Documents that demonstrate that they can provide for and raise their child, such as:
  • bank statements
  • proof of housing
  • financial statements
• That they have not exaggerated or falsified any information or documents in their custody petition
  • If so, they may face negative legal consequences, for example, contempt of court
• Why they are the best choice to raise their child
  • This should be done without engaging in belittling or insulting behavior towards the child’s other parent

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are an Arizona parent who has any child custody concern or issue, it is important to reach out to an Arizona child custody lawyer. Your attorney will be able to explain the Arizona laws that apply to your case as well as your legal rights.

You can take advantage of LegalMatch’s free attorney matching service to locate a child custody attorney in Arizona who can help you resolve your concern. All you need to do is take around 15 minutes to submit your child custody question on the website.

You will receive responses from member lawyers who are licensed in Arizona and handle the legal concerns you have. These communications will include the fees the attorney typically charges, information on their background and education, and reviews from previous clients.

Some of these lawyers may also offer free initial consultations. You can have consultations with multiple attorneys to find the one who best fits your needs.