Phone: (602) 788-1395 or Toll Free: (877) 788-1395
Custody and Child Support Questions
What is custody?
In Arizona, the term "custody" is what many other states call "legal custody" (as opposed to "physical custody"). "Custody" in Arizona refers to the decision making power of the parents on major issues such as health, religion, education, etc. If a parent has sole custody, in Arizona that parent can make most or all such major decisions without having to contact the other parent for that parent's input. On the other hand, if a parent has joint custody, that parent, in most situations, must first discuss the situation with the other parent and obtain that parent's agreement about the decision to be made. In Arizona, a parent can have "tiebreaker" status. This means that if the parents cannot agree, the parent with the tiebreaker status can make the final decision. While this is an excellent solution for the parent with that status, for the other parent it can render joint custody no different in reality than sole custody. Often, people confuse custody with parenting time. In Arizona, joint custody does not mean "equal" time with the child. The amount of time the parent spends with the child is referred to as "parenting time." In Arizona, it is possible to have joint custody but parenting time of only every other weekend.
What is parenting time?
Parenting time in Arizona refers to the amount of time a child spends with each parent. This is often confused with custody, because in many states what we in Arizona call "parenting time" they call "physical custody." In Arizona, custody refers to decision-making authority only, whereas parenting time refers to actual time spent with the child. The parenting time schedules in Arizona vary widely. It used to be the case that fathers were routinely awarded parenting time every other weekend and one evening per week. This is no longer the standard. Judges in Arizona will now try to figure out the most sensible parenting plan given the parents' availability and suitability. There are different parenting schedules such as the 5-2-2-5 and the 4-3-3-4 plans, as well as many other plans and variations on standard plans.
Is Arizona a "mother's state?"
Yes. I can't prove it, but it certainly does appear that way. If you sit back and watch courtroom trials day after day, you're probably going to come to that conclusion on your own. But that does not mean fathers are doomed in Arizona. I have represented many fathers who were treated very well by Arizona judges. Although the prevailing mentality among judges, especially the older ones, appears to still be that children are better off with mothers if all other things are equal, more and more judges are giving fathers far more time with their children than was the case even a decade ago. If you're a father it just means that you probably have to work harder than would a mother in your same situation. You'll probably need more witnesses, more evidence, more persuasive arguments, and more determination to see things through to the very end of the custody battle if necessary. And representation by an experienced Arizona family law attorney is very important.
Do you represent only Mothers or Fathers?
No. I enjoy representing either parent. I use different approaches of course, depending on whether I am advocating for the mother or the father. When representing fathers in Arizona, I am mindful that on average it takes more effort to effectively represent fathers because there seems to be a bias, a bias I can't prove but strongly suspect exists, against fathers obtaining sole custody in Arizona. Consequently, I use different techniques when representing Arizona fathers if there is a major child custody dispute in such cases, and this approach has yielded success for many of my former male clients. On the other hand, I enjoy representing mothers and have obtained sole custody for many of my former female clients. I don’t discriminate. I will give 100% effort to my client, whether the person is the mother or father of the child.
How is child support determined?
In Arizona, as in most if not all states, standard guidelines are used to determine child support. If the parties agree on what each other's incomes are, and also agree on what figures to use for medical insurance, day care expenses, and other such figures, the calculation is actually very easy to do in Arizona. If the parents do not agree on these figures, they will first need to have an Arizona judge decide on which figures to use so that the guidelines calculation can be performed. In Arizona, as in many other states, a parent can ask the court to deviate upward or downward from the guideline amount if certain conditions exist.
If I don't pay my child support, what happens?
In Arizona, if someone fails to pay child support, he or she can be brought before a superior court judge or commissioner and be found in contempt. If you are found in contempt, you will, in order to avoid incarceration, normally have to pay all or a certain part of the past due child support amount (referred to as an arrearage) either immediately or at a certain point in the future. This payment requirement is often referred to in Arizona courts as a "purge amount." However, in order to find you in contempt, the judge must first make legal findings that you (a) had the ability to pay the child support amount and (b) willfully refused to pay the child support obligation.
How is paternity determined?
Paternity is most commonly determined in Arizona by the father either acknowledging paternity in a sworn affidavit or by obtaining a court order. In order to obtain a court order, the father must admit that he is the father or be found to be the father based on genetic testing. In some states, before the father admits paternity in court, he must be informed of his right to genetic testing and be told of the consequences of making that legal admission. Unfortunately, Arizona has no such requirement; hence, many men simply "trust" the mother of the child as to who really is the father and commit themselves to a lifetime financial and emotional commitment without really knowing for sure whether they are the true biological father. We advise all our male clients in Arizona to obtain a DNA test prior to admitting to being the father, because nobody (sometimes not even the mother) can know for sure who the father is if the mother had sexual relations with another man during the same general time period. It is better demand a test and perhaps feel embarrassed in the short run (if you learn that you were duped) in order to avoid the very costly consequences in the long run (years of having to pay support for some other guy's child, under the constant threat of incarceration if payments are not made). Conversely, if the test shows that you are the biological father, you will feel that much more secure about your status.
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Thomas Law Office, PLC.
3030 East Cactus Road, Ste. 102
Phoenix, Arizona 85032
Phone: (602) 788-1395
Toll Free: (877) 788-1395
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