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In one of our earlier blog posts, we discussed the issue of what factors that Arizona family courts consider in child custody cases. Generally, courts will attempt to involve both spouses in the care and upbringing of their children. Unless there has been a history of domestic abuse or neglect, most courts consider that it is in children’s best interests to have both parents actively involved in their children’s lives.
In fact, whenever couples move for a dissolution of marriage, the clerk of the court is required by statute to issue a preliminary injunction to both parties. Among restricting many other things, that preliminary injunction does not allow either party to remove any natural or adopted child from the court’s jurisdiction. In other words, the court wants the children to remain where they are until matters have been decided regarding their custody placements.
The injunction also prohibits spouses from taking actions that would cause their children from losing any existing insurance coverage such as medical and dental care.
If you have kids and are currently considering divorce, you should know that Arizona’s child custody laws can work to your advantage in some cases. Parents who are ignorant of the law or simply don’t care can seriously jeopardize their claims regarding child custody and visitation. A court is always bound to consider determinations regarding those matters based on the best interests of the children involved in the divorce. By carefully observing and carrying out your required duties, you can significantly enhance your opportunity to accurately impress upon the court your desires regarding the care and responsibilities of your children.
Our Phoenix-based law firm has over 30 years combined legal experience in family law matters. We represent clients throughout Maricopa County and help them preserve their rights to raise and care for their children.
