questions & answers

Question: the father of my 5 yr old daughter is incarcerated.His name is not on the bith certificate paternity has not been esablished.He has a violent past.he has chid abuse & kidnapping on his public record.I have a res. order in place can he still receive custody or visitation?

Answer:

There are a number of factors that go into a court's decision of custody and visitation.  Custody and visitation are two separate things that a court can consider. For example, a judge can grant sole legal custody to one parent and a form of visitation to the other. Because of the fact that you mentioned child abuse, kidnapping and an order of protection, you may want to speak with an attorney to find out how recent cases and laws apply to your situation. The following is provided as general information about custody in Arizona.

Generally, in Arizona the court determines custody of a child by what is in the best interests of the child. A.R.S. § 25-403 lists some factors that are considered when the court looks at what is in the "best interests of the child." That statute states:

A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:

1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. Whether one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

The statutes also list some offenses that will alter considerations of child custody. A.R.S. § 25-403.03 discusses domestic violence and child abuse. A.R.S. § 25-403.04 discusses drug offenses. A.R.S. § 25-403.05  discusses registered sexual offenders and murderers.

A.R.S. § 25-415 discusses chid custody for someone who is not a legal parent. Title 25, Chapter 6, Article 1 deals with paternity proceedings and begins with A.R.S. § 25-801.