Tuscon Arizona Family Law Blog

The phrase, best interests of the child, shows up repeatedly when couples with children decide to divorce. Child custody in Arizona hinges on a number of factors, but primarily on what is best for the children. A family court judge will make that decision taking that into consideration -- along with other things -- if the parents can't iron out custody issues on their own.

A family court judge in Arizona is most certain to look at the following markers in regard to custody. They include the wishes of the children and of the parents; whether there is a history of violence in the home; whether parents were the primary caregivers of the children; the children's relationship with each parent; how willing each parent is to have a positive relationship with the other parent and children's adjustments to home, school and community life. In addition, a judge may also look at whether either parent has any criminal convictions of any kind.

A joint account or separate accounts? When it comes to money, assets and divorce, this can be an important question. Arizona is a community property state, so, for the most part, assets acquired during the marriage are considered to belong equally to both spouses.

Many couples are deciding to keep separate bank accounts. Each individual will often have his or her paycheck deposited into this separate account. Bills are then either divided or the couple also has a joint account that they contribute to so that bills can be paid. This method often works well when the couple has different financial personalities or has brought significant assets into the marriage.

To some Arizona residents, the family home is a priceless asset. No amount of money can take the place of the memories and dreams that are attributed to this sacred place. Yet, when it comes to divorce, this priceless item really does need to have a price put on it.

One part of deciding who gets what is to establish the value of each asset. While one's home may appear to be priceless to that individual, when it comes to divorce, one will want to know what its value would be if the home were to be sold. This can be done by obtaining an appraisal on the home.

Who gets the house, how will accounts be divided and who will be responsible for which bills are often important considerations in an Arizona divorce. However, when children are involved, more than just financial aspects must be considered. Child custody decisions are perhaps some of the most important decisions, and sometimes the most difficult ones, that will need to be made.

Physical custody is one custody aspect that will need to be considered. It is possible that one parent will retain primary physical custody with the other retaining regular visitation. Another possibility is that the parents will share joint physical custody with each parent having approximately equal time with the children. The type of physical custody granted in the divorce will depend upon the individual circumstances and what is in the best interest of the children.