Over the years, we have all heard a variety of questions and concerns about child custody. But not everything you hear is true. Unfortunately, there is a lot of misinformation about child custody. At Hallier Stearns PLC, we want to set the record straight and ensure you are properly informed. Initially, we note that Arizona no longer uses the term “Custody”. However, we will use the term here because it is widely known.
Here are some of the myths falsely perpetrated about child custody:
- “I won because I am called the primary parent in the parenting plan.”
Although it is not uncommon to refer to one parent as the “primary residential parent,” this term, in and of itself, has little meaning under Arizona law, even if the child does live with you primarily. It simply defines which person can apply for public assistance on behalf of the child and the appropriate school boundary designation.
- “I want full custody.”
There is no such thing. Many parents assume being granted custody means that the other parent will simply disappear from their lives. This is not the case and the other spouse will still have certain parenting time rights as defined in court
- “I heard at age 12 my child can decide where he wants to live.”
No, there is not a magic age at which a child gets to make this choice. However, your child’s wishes can be taken into consideration by the court.
- “I can move back to my hometown in Indiana with my child whenever I want because I have sole legal custody.”
Wrong. A specific procedure of notice applies if you want to move, regardless of custody arrangements. Moreover, your former spouse can object to this move . In that case, a court will decide whether you can move with your child.
Child custody issues are very complex. At Hallier Stearns PLC, we here to help you make the best decisions for you and your children’s long-term well-being.
Contact us at Hallier Stearns PLC for more information.