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Should you seek primary parenting time of your child?

On Behalf of | Nov 7, 2024 | Divorce

It’s true that when children have the involvement of both parents they do better academically and emotionally. But that’s not always the case.

In some instances, limited exposure to one parent is best for the child’s well-being.

In the best interest of a child

Arizona’s family courts usually lean towards creating a parenting time schedule that gives equal time to both parents, believing that it’s best for the child. Shared parenting responsibility and cooperation give the child access to both parents and more stability.

However, sometimes it’s best for one parent to request primary parenting time. This means that one parent would provide the child’s main residence.

There are several reasons why one parent may seek sole physical custody, including:

  • The other parent has a history of substance abuse, domestic violence or neglect and it poses a risk to the child’s safety
  • One parent lives far away, making joint custody impractical
  • Incarceration of a parent
  • The parent is absent or is minimally involved in the child’s life

In order to gain primary parenting time, a parent must file a petition with the Arizona Family Court, which should clearly state the reasons for their request and provide supporting documentation. The court will consider a variety of factors, such as:

  • The emotional bond the child has with each parent
  • The physical and mental health of the parents and their ability to provide a stable environment for the child
  • How well the child is adjusting to home, school and the community
  • The child’s preferences (depending on the child’s age and maturity)
  • Any history of substance abuse, physical violence or child abuse

After reviewing the circumstances, the court will decide based on the child’s best interests. 

If you are considering requesting primary parenting time of your child, you will want to speak with someone who can guide you through the process. They will work to secure the best outcome for you and your child.