Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Arizona, child custody, also known as legal decision-making and parenting time, is determined based on the best interests of the child. Arizona law favors neither the mother nor the father and considers several factors to ensure the child's well-being, including the child's relationship with each parent, the child's adjustment to home, school, and community, as well as the mental and physical health of all individuals involved. Joint legal decision-making (joint custody) is common, allowing both parents to make important decisions regarding the child's upbringing, but the court may grant sole legal decision-making to one parent if it is in the child's best interests. Parenting time can be shared or one parent may have primary parenting time while the other has visitation rights, which may be supervised if necessary to protect the child. These matters are typically governed by Title 25 of the Arizona Revised Statutes, which covers family law and domestic relations. In cases where a parent is deemed unfit, the other parent may be awarded sole custody. Guardianship and adoption are separate legal arrangements from custody and are also addressed in Arizona's statutes, providing for the care of a child by someone other than the birth parents under different circumstances.