Determining child custody can be a difficult task to navigate, especially when parents disagree. The best interests of the children should always be at the forefront, but the emotions associated with the end of a relationship can cloud even the best judgment. Understanding the legal proceedings and navigating family law court can feel overwhelming, even under the best of circumstances.
In most cases, people assume that child custody agreements are only necessary when a marriage ends, but this is not always the case. Unmarried couples are often put into situations where they must create a child custody agreement as well.
In many cases, unmarried parents can agree to share parenting responsibilities, including decision-making and parenting time. However, some parents experience difficulty coming to an agreement once the relationship ends. Others may simply want to establish a legal parenting plan to ensure their agreement is enforceable in the future. Thus, custody agreements between unmarried parents are not uncommon and present some unique legal questions.
The most important question to consider in these situations is this: what happens to the children when parents are not legally married? In many situations, there must be proof of parenthood provided in order for custody to be granted. Here is a brief overview of what the state of Arizona requires regarding child custody agreements for parents who are not married.
The primary aim of any child custody arrangement in Arizona, regardless of the marital status of the parents, is ensuring that the best interests of the children are considered. Whether parents are married can be important for custody purposes, but generally, all Arizona parents have the same rights whether they are married or not. However, the details of who receives initial custody over the children can be impacted if their parents are not legally married. The two main aspects that must be in place before parenting time can be finalized are legal parenthood and paternity.
best interest of the child to have time with both parents and will establish a joint decision-making agreement. This means that in circumstances involving unmarried parents, both parties will work together to make any and all decisions regarding the child.
Another aspect of a joint custody arrangement is parenting time, which determines where the child or children will live and how often they will see each parent. If the agreement is equal parenting time, then each parent will have the same amount of time with the child or children.
In some cases, the courts will establish a sole residence for the child or children. This means that one parent will be the primary caregiver, and the other parent will have scheduled visitation with the child or children. This schedule is set by the courts and, as always, strives to maintain the best interest of the child.
legal decision-making and parenting time in Arizona. The state prefers a co-parenting model over a traditional child custody model. This means that ideally, the parents will work together to determine a plan to best meet the needs of their child or children. In most cases, this involves the child spending time with both parents and the parents sharing decision-making rights.
In the state of Arizona this is accomplished using a parenting plan. This plan sets out a clearly defined schedule and custody arrangement that is used to ensure that the parents and children receive the time and support that they need.
This process can be daunting, but the parenting plan is a great tool to assist both parents and children with any adjustment. In the process of establishing a parenting plan, there are several major factors for both parents and the court to consider.
Some of these factors include:
Arizona offers resources to help the involved parties develop a parenting plan that meets everyone’s needs. They offer sample calendars, important vocabulary for understanding the process, and relevant information for a variety of special circumstances. As with every aspect of decision-making and parenting time discussions, the best interests of the child should always be what drives the development of a parenting plan.
Once the plan has been completed, it is submitted to the courts, approved by a judge, and made into an established piece of the child custody orders. When the parenting plan is officially in place, it will be fully enforced by the court, and both parents must abide by it. If either parent does not follow the established parenting plan, they are subject to reprimand or punishment by the courts.
In some cases, despite the best efforts of both parents and the court, joint legal decision-making and parenting time plans are not possible. Under these circumstances, one parent can petition to be granted sole legal decision-making or parenting time rights.
In Arizona, once paternity has been established and a custody order is in place, there is no favor shown to one parent over the other. It is the assumption that the best course of action for the proper growth, health, and development of a child is to have regular time and contact with each of their parents.
If one parent believes that the other should not have decision-making or parenting time rights, they can petition the courts to be granted sole decision-making or parenting time rights. If a parent requests sole decision-making and parenting time, they must provide irrefutable proof that being involved with the other parent is not in the best interest of the child or children.
There are a few factors that can help the courts determine whether a parent should lose their decision-making or parenting time rights.
In these circumstances, one parent may not be granted any decision making or parenting time rights. In the case of a parent requesting sole decision making or parenting time rights, it is common for a judge to request that an investigation be completed by Child and Family Support Services. The result of that investigation will help determine the outcome.
An investigation from Child and Family Support Services involves a thorough information-gathering process and interviews with both parents. If any of the factors mentioned above are found to be true, then it is likely that the parent in question may lose decision-making or parenting time with the child. The court may also determine that supervised visitation is preferable to solo parenting time. The main goal of the investigation is to ensure that the child or children are safe.
It is important to note, however, that decision-making and parenting time rights are not always linked. There may be cases when a parent does not have equal parenting time rights but does have a say in the decision-making for their child or children. In the same way, some parents may not have decision-making rights but are granted some parenting time. Ultimately, the final arrangement will be determined by the court and focused on the best interest of the child or children involved in the case.
Of course, loss of custody due to DCS investigation is not the only factor the court may consider when it comes to assigning parenting time and decision-making rights. Ineffective or inappropriate co-parenting is a sad reality that some parenting relationships experience. Often, if the parents have a bad history of conflict and resentment, it can bleed over into their parenting relationship with the child. This can hamper the ability of the parents to make schedule changes, communicate effectively, and collectively make major decisions. Ultimately, it is the child who suffers.
There can be several forms of ineffective or inappropriate co-parenting:
If one parent attempts to alienate the child from the other parent, it can be distressing to that parent. However, even more concerning is the damage it can do to the child. Alienation can not only damage the child’s relationship with the parent in question but also hamper the child’s development, destroy their self-esteem, and negatively affect their emotional health.
Good communication is key in any co-parenting relationship. Communication often requires a solid understanding of the other parent and a healthy level of respect between all parties. When communication breaks down between parents, it can lead to confusion, instability, and inconvenience for all. It can also lead to an inappropriate co-parenting relationship and can be emotionally harmful to the child.
Boundaries must be clearly set between parents for a healthy co-parenting relationship to be established. The effectiveness of the boundaries in place can often depend on the parents’ history and their willingness to cooperate regarding established plans and unexpected circumstances. Shaky boundaries regarding how the parents will interact can cause issues and affect the parenting relationship.
Any type of interference with the parenting plan or the custodial agreement by one parent is a sign of inappropriate behavior. A parent should never attempt to change or interfere with the parenting plan without the input of the other party. A rare exception exists in cases of domestic abuse or neglect.
It is not in the best interest of the child if parents withhold critical child-related information from each other. Part of establishing a healthy co-parenting relationship is to collaborate whenever possible. If collaboration is not possible, transparency is essential.
Speaking badly about the other parent is a sign of an inappropriate relationship, especially if it is in front of the child. This can be harmful behavior that builds animosity and resentment within the relationship. It can also unfairly color the child’s perception of their parent.
It is important that there are established rules between parents. If there is a joint custody agreement, it is essential that each parent respects the rights and rules of each parent’s house. Each parent has the right to discipline the child if the child is with them during that period. If there are ever issues regarding the other parent’s home parenting style, they should be addressed with respect and understanding.
One of the best ways to avoid an inappropriate co-parenting relationship is to create a parenting plan that works for both parents and the child. It is important to remember that the child’s needs should be the number one concern for both parents.
Engaging the help of a qualified and experienced child custody attorney who can help you create the parenting plan can also be beneficial. The right attorney can review your situation and provide feedback on how the parenting plan should be drafted. Once the plan is created, an attorney can help you ensure that your child’s other parent abides by the court-approved agreement.
In Arizona, women who have a child outside of wedlock become the child’s sole parent, unless they choose to name the father on the child’s birth certificate, thus establishing paternity. Once paternity is established via a paternity test or voluntary affidavit, a custody agreement can be created. An experienced child custody attorney can help draft up a child custody agreement between parents.
What Happens If an Unmarried Couple Breaks Up After Having a Kid?If an unmarried couple separates after having a child, the parents will likely share parenting responsibilities. Parenting responsibilities can include parenting time and decision-making for the child. It is typically up to the parents to decide on a parenting agreement, which must then be approved by the court if the parents wish it to become legally binding. If the court must step in to approve the agreement, it will always consider what is in the best interest of the child. If you find yourself in a situation like this, you should engage the help of an experienced child custody lawyer.
What Is Inappropriate Co-Parenting While in a Relationship?What constitutes inappropriate co-parenting will largely depend on your unique principles, values, and goals. Each parenting relationship is different, but generally speaking, as long as the co-parenting relationship is supportive and conducive to the growth of the child, then it is appropriate. If there are situations that arise that take away from the child’s well-being, then that could be considered inappropriate behavior. Some typical examples of inappropriate co-parenting may include talking negatively about the other parent, pushing the child to choose sides, unclear boundaries, lack of communication, or not cooperating well with the other parent.
Who Has Custody of a Child If There Is No Court Order in Arizona?If there is no court order in Arizona, both legal parents have a right to custody of the child. In most instances, when an unmarried couple with a child breaks up, they will develop a parenting plan for the child. The parenting plan outlines how the couple will cooperate and ensure that the child’s needs are met, including parenting time and legal decision-making. An experienced child custody attorney can help draft a parenting plan or custody agreement.
Who Has Sole Custody of a Child in Arizona?In the state of Arizona, sole custody can be awarded to either parent. Initially, due to the biological connection that mothers have with their child, they are typically granted legal decision-making rights and physical custody until paternity is established. However, sole custody is generally determined by the parents, and it can be outlined in the parenting plan or the custody agreement. For a parenting plan to become legally binding, the Arizona Family Court must approve it and issue a court order.
How Is Child Custody Determined in Arizona?A child custody agreement can be created by the parents, but it will be reviewed by a judge. Child custody in Arizona is determined by what’s in the best interest of the child. Each relationship and each child custody case is unique in its own way, but in every case, the child’s well-being will be the number one determining factor.
navigate custody agreements when tensions and emotions may run high. Submitting the necessary paperwork, attending the correct court appearances, and understanding the proper legal proceedings can often feel overwhelming. Having trusted, experienced legal representation can provide you with peace of mind and make the process much easier. We’re here for you.
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*Editor’s Note: This article was originally published May 28, 2021 and has been revised April 8, 2024.
Jonathan Roeder
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
