Child Custody and Deployment
What is a Family Care Plan?
In Arizona there are 2 important terms to remember:
What is legal decision-making?
What is the difference between sole and joint legal decision-making?
Sole Legal Decision-Making
Joint Legal Decision-Making
What is parenting time?
My former spouse was abusive, will the court award them parenting time?
What things does a judge consider when making their decision?
- Past, present, and possible future relationship between the child and the parent,
- The child’s adjustment to a new home, school, or community,
- The mental and physical health of the parents,
- If there is history of domestic violence or child abuse, and
- If a parent participated in a parenting education course.
Which state do I file for custody in if I recently left or got to Arizona?
Can legal decision-making and parenting time be changed after they have been set?
What happens if I must be deployed and I have custody of my child most, if not all, of the time?
What happens if a temporary order was put in place and I return from active duty?
Do judges consider military service as a reason to limit my right to custody?
Does the state consider a move from Phoenix to Mesa relocating?
I have been reassigned to a new base, what is the process for changing our custody order?
Before relocating, the moving parent must tell the other parent, through written notice, of their plan to move. If the parent relocates with the child without notifying the other parent, legal consequences are expected. The notice must be sent over certified mail, return receipt requested. Forms for a modification in a custody agreement can be found at each county’s superior court.
How much notice must the other parent be given before I move?
Can I move as soon as I mail a written notice to the other parent?
There are 2 ways for a parent who submitted a petition for relocation to move with the child before the 45-day notice period is completed.
Both options only apply when there is a pending decision about the relocation petition (submitted by moving parent) or when an application to prevent the relocation (submitted by non-moving parent) is waiting to be decided on:
Option 1
Option 2
There needs to be a strong reason, that can be proven, of why the moving parent needs to move quickly. It is important to understand that the parent that petitions for relocation is the one responsible to prove how a relocation is also in the best interest of the child.
What does a judge look for in a petition for relocation with a child?
When a judge reviews a relocation petition case, they may look at some of the following:
- The same considerations they took when first deciding custody (legal decision-making and parenting time);
- If the relocation comes from a place of evil, to make it harder for the other parent to see the child;
- Whether the general quality of life of the child moving with the parent would improve from relocating; and
- If the relocation would still allows the non-moving parent to interact with the child.
Read all considerations as outlined by state law, A.R.S. § 25-408(I).
There is Assistance Available
- Service members looking for family and domestic relation assistance, including custody, contact the appropriate installation's legal assistance office through Military Installations.
- Dealing with custody may force service members and their loved ones to experience a lot of stress and uncertainty. Do not forget to review options available to cope with and adjust during these difficult times.
- There is support available for divorced spouses of military members.
Navigating the custody process is even more complex when individuals have a child in common with their abuser. To facilitate the next steps and to have someone experienced dealing with the military, contact an installation domestic abuse victim advocate.