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Arizona divorce - child custody.


In awarding custody, the court considers the best interests of the child and the following factors:
 
(1) the preference of the child; (2) the desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent; (3) the wishes of the parents; (4) the child's adjustment to his or her home, school, and community; (5) the mental and physical health of the child and the parents; (6) the relationship between the child and the parents and any siblings; (7) any evidence of significant spouse or child abuse; (8) any coercion or duress in obtaining a custody agreement; and (9) which parent(s) have provided primary care of the child.
 
No preference is to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:
 
(1) that neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody; (2) that the parents can sustain an ongoing commitment to the child; and (3) that the joint custody agreement is logistically possible.
 
Grandparents and great-grandparents may be awarded visitation rights. [Arizona Revised Statutes Annotated; Title 25, Chapters 401+ and Arizona Case Law].
 
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“The role of conflict has too often been exaggerated and should not be the determining factor in child custody decisions,” said Nielsen, who has researched father-daughter bonds for more than 25 years. Even the concept of conflict is problematic ...
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