Child Custody in Arizona
In the state of Arizona a custody battle revolves around the theme, “What is in the best interest of the child?” As in all fair legal systems, laws and ideas are consistently being edited and changed for an improved process for all parties involved. This is true with the state laws regarding child custody in Arizona, but they seem to always stay in the ballpark of the theme mentioned above.
As a child who firsthand witnessed the difficulties of a child custody battle, I know that the laws in place really did try to ensure an equal and fair situation for both the parents and the kids. Of course, divorce is not usually a pleasant experience but looking back now on the years that the custody situation was being dealt with I’m grateful for the professional way that everything in the legal realm was handled. We were mostly kept out of the courts as my parents were the ones to be in that arena. My brother, sister, and I would talk with a family mediator individually and in various group settings as she tried to evaluate and investigate our home situation of each parent’s. This is evidence of what is in the best interest of the child. They took in to account not just the parent’s stories, backgrounds, etc. but also what each child had to say.
As of 2013, there was a new law created pertaining to child custody. An article from the Gary J. Frank, P.C. Family Law Attorney website states, “The new law…completely removes the word ‘custody’ from the statutes. From now on, a parent going to court in a dispute over children will no longer receive ‘sole custody’ or ‘joint custody.’ Instead, the court will award “legal decision-making” and “parenting time.” The article goes on to say that this change is to allow for equal footing, or rather opportunity, for the parents to make decisions and have time with the children based on the “…the past, present, and potential future relationship between the parent and the child.” I find that statement to be particularly meaningful as it implies that all history between the child and parent be looked upon so that the most appropriate agreements can be made on behalf of the child and will be best for him/her long term. This is a general assumption, and biased from my own experience, but the results of a custody battle have long lasting effects on the children involved. The previous home arrangements may have been good or bad, either way the effects caused do to the need for “parenting time” and “legal decision-making” still can include emotional, physical, and psychological trauma. If there is a way to involve parents, if both are proven capable to provide a healthy environment in whatever way they can provide, equally it would be immensely beneficial to the children both short and long term. You cannot protect them from every obstacle faced in this transition but if there is some kind of an idea of team work taking place in raising the children there is a higher chance of stability in their lives. I believe that to be a necessity in a child’s life.
Associate Professor of psychology at Arizona State University, William Fabricius, was quoted in another article regarding this change stating, “We know now from health research the stress in the parent-child relationship can set up long-term chronic, stress-related illness.” The article also reads, referring to Fabricius remarks, “Fabricius insisted that this need not be a ‘he wins, you lose’ situation, saying a better relationship with the father does not detract from a child’s relationship with his or her mother…” This is an important note because Arizona has been known for being in favor of mothers with custody disputes. This new law insist that there be almost an ignorance to the gender of the parents and instead look at ways that both can equally raise the children in a structured and fair way. I find this to be incredibly beneficial in the process of determining the custody rights because gender should not necessarily be a factor. It is important, I do not disregard that at all, but when it comes down to it, it is about the child’s wellbeing. It is something that can easily be lost in the war of words that occurs so frequently in divorces, leaving the children in the havoc left behind. I remember that confused and conflicted feeling after things were finalized. Traveling back and forth every other week with my backpack full of items that I needed to bring to my mom or dad’s home. Trying to remember whose rules were whose, and being unsure how to respond to the negative, back biting comments they would make about one another. No child should ever have to deal with that, but it is a part of the adversity we face at this time so having a thoughtful and powerful way of conducting child custody dispute that really focuses on the benefit of the child is essential. Although not perfect, the state of Arizona seems to taking that theme to heart as it moves forward adjusting laws accordingly.
Sources:
“Arizona’s New Custody Law Is Now in Effect | Gary J. Frank, P.C. | Phoenix Arizona.” Gary J. Frank, P.C. N.p., n.d. Web. 23 Sept. 2016.
Services, Howard Fischer Capitol Media. “Custody Law Takes Effect on Tuesday.” Arizona Daily Star. N.p., 31 Dec. 2012. Web. 23 Sept. 2016.
