How does 50/50 custody work in Arizona

It’s a common belief that divorced parents who share custody of their child will split that time 50/50 and have equal decision-making power. While this is often true in Arizona, there are some situations where the court will make modifications to ensure all elements of the custody arrangement serve the child’s best interest.

Each situation differs depending on the circumstances. However, custody determinations are based on the idea that each parent will spend roughly half their time with their child and share responsibility for making child-rearing decisions.

How Does Arizona Define Child Custody?

Arizona law doesn’t use the term “child custody.” Instead, the law refers to parenting time and legal decision-making. Parenting time is when each parent is physically with the child. Legal decision-making refers to the right to make decisions for the child regarding matters such as education, healthcare, and religion.

The court strives to adopt parenting plans that give parents equal time with their child while remaining in the child’s best interest. However, this may not be possible in every circumstance. Factors like where the parents live, their work schedule, and whether either parent has a history of abuse or addiction may lead the court to adopt an alternative parenting plan.

Do I Have to Pay Child Support If I Have 50/50 Custody in Arizona?

Even if you and your former spouse have a 50/50 parenting plan, one of you may still be required to pay child support under Arizona law. If your incomes aren’t similar, the higher-earning parent may be required to provide child support to the lower-earning parent.

Arizona’s child support policy aims to ensure the child’s needs are met. Each parent assumes a roughly equal financial burden based on their income and their respective expenses for raising the child.

How Far Apart Can the Parents Live and Still Have 50/50 Custody in Arizona?

Arizona parents can move distances of less than 100 miles without informing the court, provided they remain within the state. For out-of-state moves or in-state moves of more than 100 miles, they must provide 45 days written notice to the court. Failure to comply may result in penalties or adjustments to the parenting plan.

The other parent has 30 days after receiving the notice to petition the court and oppose the move. The parent wanting to move must prove that it is in the child’s best interest.

Relocation may require modifications to the parenting plan, as the move will likely impact your parenting time by introducing new logistical challenges. Until the court approves changes to the parenting plan, the current one remains in place – regardless of the distance between the parents’ homes.

Are There Disadvantages to a 50/50 Custody Arrangement?

A 50/50 parenting plan is generally viewed as being in the child’s best interest and seems like a fair and reasonable solution to a delicate issue. However, it’s not a perfect arrangement. It may pose some disadvantages to parents and children alike. Some issues may include:

• Logistics – Depending on where the parents live, this type of parenting plan may present logistical challenges. Parents may live far apart or have irregular or opposite work schedules. This may present a barrier to successfully implementing a 50/50 parenting plan.
• Stress – From the child’s standpoint, moving between two homes can be disruptive and stressful. The resulting emotional distress can lead to behavioral and academic struggles.
• Disagreements – All families are unique. What may be reasonable for one set of parents may not work for another. If parents are unable to come to an agreement, a 50/50 parenting plan may not be possible.

A compassionate family law attorney can help you determine what type of custody arrangement will work best for you and your child’s needs and fight for it.

Are There Certain Situations Where the Court Would Not Grant 50/50 Custody?

Although Arizona law prefers a 50/50 parenting plan as the default option, some circumstances can prompt the court to pursue an alternative arrangement. As always, the child’s best interest is the overarching concern. Some family situations require a less equal parenting plan. Circumstances that may impact the arrangement include:

• The overall parent-child relationship
• The developmental stage of the child
• Both parents’ mental and physical health
• Family history of abuse
• Substance use disorder of one or both parents
• Dangerous or inappropriate living conditions
• The child’s relationship with other family members and the community

In some cases, the court may also consider the child’s own wishes when deciding on the parenting plan.

Can I Deny My Ex-Spouse Parenting Time If They Have Not Been Paying Child Support on Time?

Your child support arrangement exists independently of your parenting plan. Issues with your ex failing to pay child support must be taken up with the court — you can’t withhold parenting time in retaliation.

Petitioning the court or having your attorney send a letter to your former spouse are appropriate responses when you aren’t receiving the child support payments you and your child need. This issue must be handled through the legal system, not independently.

Contact an Arizona Divorce and Child Custody Lawyer

Parenting time and legal decision-making are complex issues. Because of this, the court considers many factors when approving a parenting plan.

When you’re going through a divorce and have a child with your soon-to-be-former spouse, an experienced and knowledgeable family law attorney can help you understand your legal rights and advocate on your behalf. Contact the team at Mushkatel, Gobbato, & Kile, P.L.L.C. today to learn more in a consultation.

Visit Our Arizona Divorce and Child Custody Law Offices