Have Legal Questions? Ask a Lawyer Now.
Hi, thank you for your question. Can you see this?
yes I can
Great. There is a lot of misinformation out there right now about how the courts order custody time in Arizona. Please allow me to explain the law.
The answers just keep popping up repeatedly, can you fix that?
The law in Arizona is and has been for decades that custody is determined based on the best interests of the child. This is codified in Arizona Revised Statute 25-403, and has not changed in January. Under this law, the parents already have equal rights and parenting time...
No, it seems that you are experiencing a technical glitch that I can't fix. I can switch to a different format if it is too distracting.
The other format is not "live", but we will still be able to communicate.
You can find a link to the statute here: http://www.azleg.state.az.us/ars/25/00403.htm
So it's true that the parents have equal rights, but they have equal rights within the context of what is best for the child. There has been no substantive change.
That's ok. I can deal. I had a consultation with a lawyer and she made it sound like the judge I have in my case will automaticly give half parenting time to the father.
A child is not like a lamp that you can sell at a garage sale and split the proceeds. I don't give the state legislature much credit, but they haven't messed this one up yet.
How do I go about proving that my child is best with me? By the way, he already gets her two days a week.
I don't know what the attorney said, but there has been no substantive change in the law. You might want to consider looking elsewhere. Or at the very least, asking specifically what statute it is to which she is referring. To me, it sounds like there was a misunderstanding.
You can prove things in court like you prove anything else in life. How would you prove that you went to the grocery store today? You might show a receipt of purchase. You may have a credit card record. Perhaps you ran into someone at the store that recognized you and would remember your being there. Maybe you were issued a traffic citation outside the store's parking lot. You would also have groceries from the store in your home. You know it is true, so you just have to look at your circumstances and figure out how to show someone else it is true too. You don't have to prove it beyond a reasonable doubt--only that it is more likely than not.
Does that make sense?
That makes sense. So do you think I got a decent shot at keeping my child 5 days a week like how its been for the last 3 years?
I wouldn't rely on my estimate. I have only one piece of one half of a story involving a child I have not met, people I do not know, and a case I have not handled. Even if I made that guess, it would be reckless to rely on it under these circumstances. I will say that a child's needs change as the child ages, so after 3 years it makes sense to re-evaluate a custody matter, but that in no way suggests that your custody time should be reduced. Your child is unique and your child's best interests are unique, so I can't say if your child needs more or less time with you since I don't know your child.
Did you have any other question?
No that's it! Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).