What can prevent a father from getting joint custody in Arizona?

Question:

What can prevent a father from getting joint custody in Arizona? I want to gain full custody of my child and want to prevent the father from gaining joint custody. I there anyway I can prevent my child’s father from obtaining joint custody?

Answer:

For starters, “Custody” went away on 1/1/13. We now have “Legal Decision Making” which took it’s place. Both terms refer to the right to make decisions in a child’s life.

All things being equal, men and women have the exact same rights in AZ. That is to say that assuming there are two fit parents, men have just as much right to make decisions and physically raise their children as well.

In order that father not have Joint Legal Decision Making Authority, you would have to show the court that it would not be in the child’s best interest. Possible reasons include: a history of significant domestic violence between the parties, drug, alcohol or mental health issues or a parent who chooses not to be involved in the child’s life.

Regardless of rather or not you plan to hire an attorney, a free consultation to discuss your options, rights and responsibilities would be a good idea.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.