Child Custody

Child custody is different than parenting time. Child custody has to do with who makes decisions regarding the child's upbringing such as choice of school, religion and medical treatments. Parenting time has to do with when the child spends time with each parent.

Joint custody means that both parents must make decisions concerning the child together. If parents disagree on a decision it is often resolved through mediation.

Sole custody means that one person has final say in decisions concerning the child's upbringing. Although both parents may discuss the matters requiring a decision, the parent designated by the court has authority to make final decisions in the event the parents do not agree.

Parenting time has nothing to do with the decision making process but rather refers to the visitation schedule for the child with each parent. Even if a parent does not have custody of a child, that parent still has a right to have parenting time with the child.

Can a person other than a parent have custody?

Yes. The law provides that a person who stands in loco parentis to a child may ask the court for custody (or parenting time). To be in loco parentis a person must have been treated as a parent by the child and have formed a meaningful parental relationship with the child for a substantial period of time. There are other requirements that must be met before a request may be made to the court. One of the child's parents must be deceased, the child's legal parents must be unmarried, or a court case for divorce or legal separation between the legal parents must be pending.

The Parent Education Program

In 1996, the Arizona State Legislature established a Domestic Relations Education on Children's Issues Program, now offered in each Arizona county. This program sometimes is referred to as the parent education program or parent information program. Although the programs may differ somewhat in each county or even within counties, each is designed to offer education to parents about the impact that divorce, the restructuring of families and judicial involvement have on children. The Arizona Supreme Court sets minimum standards for these programs, including the topics to be covered and qualifications of course presenters.

Parents who have a child in common who is less than eighteen years old must attend the program when involved in a court case for dissolution of marriage (divorce) or for legal separation. Unmarried parents involved in a court case to establish paternity or maternity also must attend the program if the court has been asked to decide custody, parenting time or child support. Parents of minor children may also be ordered to attend the program if, after determining paternity or obtaining a divorce or a legal separation, disputes regarding custody, parenting time or child support are presented to the court. Parents who fail to attend the program as ordered may be refused any specific request for court action, may be held in contempt of court or may have other penalties imposed.

The program lasts up to four hours in length and a fee may be charged to each participant based on the best interests of the child. Accordingly, the court may order that either or both parents have custody if it is in the child's best interests.