Statutory Charts
BEST INTEREST OF THE MINOR CHILD CHART
The document outlines the factors that the court must consider when determining legal decision-making and parenting time in the best interest of the child. These factors include the child’s relationship with each parent, connections to home, school, and community, the child’s opinion if they are old enough, any health issues of the parents or child, and which parent is more likely to follow court orders and support the child’s relationship with the other parent.
It also addresses whether there has been dishonesty or manipulation during proceedings, domestic violence, or substance abuse. Both parents are required to complete a Parent Information Program.
IF LEGAL DECISION-MAKING IS AT ISSUE
The document discusses the court’s approach to awarding legal decision-making in custody cases. It outlines that the court may order either sole or joint legal decision-making, depending on the best interests of the child, as determined by specific factors in Section 25-403(A).
Even if one parent is granted sole legal decision-making, they cannot unilaterally change the court-ordered parenting plan. It includes a plain English section with questions to help assess whether joint decision-making is feasible and in the child’s best interest.
IF ONE OF THE PARTIES IS A SEX OFFENDER OR MURDERER
The document outlines legal considerations when one of the parties in a custody case is a convicted sex offender or murderer. It states that unless the court finds no significant risk to the child and explains this decision in writing, such individuals cannot be granted sole or joint legal decision-making or unsupervised parenting time.
A plain English section prompts the reader to answer questions about whether the other party is a convicted sex offender, murderer, or involved in domestic violence, with attention to trauma-related expert testimony.v
IF ONE OF THE PARTIES IS REQUESTING RELOCATION
The document outlines the legal considerations when one party in a custody case requests to relocate with the child. The court generally upholds any parenting plan or agreement related to relocation unless it determines that such an arrangement is no longer in the child’s best interest.
The court considers various factors, such as the reasons for the move, its impact on the child’s quality of life, the parent’s compliance with parenting time orders, and whether the move will still allow sufficient time with the other parent. There is also a focus on whether domestic violence influenced the parent’s relocation or absence.
IF YOU ARE REQUESTING ATTORNEY'S FEES
The document focuses on requesting attorney’s fees in legal proceedings, governed by A.R.S. § 25-324. The court considers both parties’ financial resources and the reasonableness of their positions throughout the case. It aims to prevent one party from unnecessarily prolonging litigation or taking unreasonable actions to financially burden the other.
The court may award fees if a petition was filed in bad faith, with improper motives, or without legal grounds. The document also addresses the use of the legal system as a form of control, particularly in cases involving domestic abuse, urging the court to be vigilant against such misuse.
ONE OF THE PARTIES BELIEVES THERE WAS DOMESTIC VIOLENCE OR CHILD ABUSE
The document outlines the court’s approach to legal decision-making in cases where there is evidence or belief of domestic violence or child abuse. Joint legal decision-making is not awarded if there is significant domestic violence, as this contradicts the best interests of the child. The court prioritizes the safety of the child and the victim.
It provides a plain English section with prompts for documenting abuse, including police or medical reports, and asks whether the other parent has taken steps to address the abuse. Protective orders and other safety measures may be requested to safeguard the child and the victim.
ONE OF THE PARTIES IS REQUESTING CHILD SUPPORT
The document outlines the process for requesting child support, based on Arizona Child Support Guidelines. It asks for details regarding the proposed start date of support, who will provide insurance, and any associated costs. It also covers child care costs, each parent’s income, and whether either party has additional children or extraordinary expenses. The document requests explanations for any deviations from the income reported in tax filings or pay stubs. It also addresses how out-of-pocket expenses should be handled and whether there are any past arrears. A Child Support Worksheet is provided for calculation purposes.
