5 Common Reasons To Lose Custody Of A Child In Arizona
Every child deserves a safe and stable home environment. When a concern is raised about the fitness of a parent or guardian, however, proving whether someone is fit is not always a cut-and-dried case. If you're attempting to protect a child from an unsafe situation, it often takes the help of a skilled family law attorney. They can properly identify the issues that support your position. Here are five common reasons to lose custody of a child in Arizona, and how you can protect a child in an unsafe situation.Disclaimer: Please note that this article is not intended to be legal advice. You should always talk to an attorney who is skilled at family law about your unique situation.
Note: This article isn’t intended as legal advice, and rules regarding this may change depending on your situation. To address your business’s unique needs, talk with a divorce or family law attorney. ARTEMiS Law has decades of experience in Arizona divorce and family law and provides full-service and unbundled legal services (for those who need consultations as needed) to cater to everyone. You can contact us here to schedule a call.
What do we mean by custody?
Custody is an older term that is now technically called parenting time and legal-decision making (from ARS 25-401). What do these terms mean?
1. Parenting time: Each parent has access to the child and is responsible for their food, shelter, clothing, and other care as needed during this specified time. Parenting time is also sometimes referred to as "access," "contact," or "residential time."
2. Legal decision-making: Legal decision-making is the ability of a parent to make non-emergency decisions regarding education, health care, religious training, and personal care decisions, among others. Federal and international law refers to legal decision-making as legal custody.
When people talk about losing custody, they may be referring to one or both of these factors in a child's care. To avoid confusion, we discuss them separately.
5 reasons to lose parenting time and legal decision-making of a child
There are five common reasons a parent or guardian may lose parenting time or legal decision-making for a child in Arizona. Note, again, that it is not always clear-cut. Substantial evidence may be necessary to severely limit or eliminate parenting time or remove legal decision-making from an individual.The most common reasons to lose custody of a child in Arizona include:
1. Physical abuse
2. Neglect, including exposure to drug use
3. Sexual abuse
4. Child abduction
5. Emotional abuse
Depending upon the circumstances, the Department of Child Safety (DCS, formerly Child Protective Services or CPS) is notified and opens an investigation. If there is serious concern about the child’s safety and well-being, the child may be removed from the home. They may live with other family members or in foster care until DCS can fully assess the safety of the child. If DCS determines that the child is at risk, they'll establish a reunification plan in an effort to correct the situation and reunite the child and his or her parent(s).
1. Physical abuse
Arizona law defines physical abuse of a child generally as circumstances likely to cause serious injury or death, either directly or indirectly (ARS 13-3623).Although some physical control of a child may be necessary in certain circumstances, physical contact that leaves bruises, causes broken bones or other physical injuries, or results in illness or endangerment of health or safety of a child is likely to lead to an investigation by DCS. This may result in the loss (temporary or permanent) of parental rights, including parenting time and/or legal decision-making.
2. Neglect
Another form of child abuse is more about what a parent does not do.Neglect of a child includes failing to meet a child’s basic physical and emotional needs. This also includes placing a child in a situation where serious injury or death may occur, either knowingly or unknowingly (ARS 13-3619).Caring for a child in a home with dangerous or toxic chemicals or illegal drugs may be considered neglect under the law. Doing drugs around your child, for example, is a major reason for parents to lose custody of a child. A medical professional may also indicate neglect if they diagnose a child under 30 days of age with fetal alcohol syndrome (ARS 13-3620).
3. Sexual abuse
Sexual abuse under the law (ARS 13-1401, ARS 13-1411, or ARS 13-3507) includes not only any form of sexual contact but also exposure to explicit sexual materials or acts by others.
4. Child abduction
Arizona custody laws are clear in their definitions of parenting time. If a parent does not abide by a court-ordered parenting time and legal decision-making agreement and fails to return the child to the other parent accordingly, this may be considered child abduction. It's one reason a parent may lose parenting-time and/or legal decision-making rights.Moving to another state in violation of a parenting plan or taking an unexplained and unpermitted extended trip may also result in losing parenting time and/or legal decision-making right, together with other penalties (ARS 13-1302).
5. Emotional abuse
Emotional abuse can be much more challenging to define.Creating an unhealthy home environment filled with yelling or manipulation can seriously harm the emotional health of a child. In such cases, the court will consider the evidence. Then they'll decide on care that is in the best interest of the child.There are other reasons to lose parenting time and legal decision-making that aren't as obvious. For example, it may occur if a parent is incapable of or unwilling to provide a safe and stable environment for their child.
How can you prove a parent is unfit?
If you believe your child is in an unsafe situation when they are with their other parent or guardian, identifying and supporting the behavior and circumstances to support your concern is important. Always work closely with an attorney during this process, as the law can be complex.If you believe your child is in immediate danger with their other parent, contact the Arizona Department of Child Safety and your local police department for guidance. They may send a caseworker immediately. The report can remain anonymous. For temporary custody, Arizona may place the child with the reporting parent.While modifying legal decision or parenting time is not generally permitted until after a year has passed from the original order (as per ARS 25-411), parents who believe their child’s safety is compromised and the child is in immediate danger can petition the court to change parenting time and/or legal decision-making without waiting.The first step is to file a Petition for Temporary Orders (of Custody or Parenting Time) Without Advance Notice to the Other Party (formerly known as an “emergency orders”). Then file a Petition to Modify Custody and/or Parenting Time and Child Support to get a permanent change of custody and/or parenting time and child support. Both petitions should be supported by documentation you have of the alleged abuse or neglect to support your petition.
Get help
It is important to follow the proper legal channels to document and present your petition. Working with an attorney ensures that you do so. Even if you feel it is in the best interest of your child, do not simply keep them after your parenting time expires. It may be considered abduction and can result in their removal from your care.Ultimately, a child’s safety is the highest priority.
At ARTEMiS Law Firm, we have advanced experience with Arizona child custody cases. If you have questions about parenting time or legal decision-making, contact ARTEMiS Law Firm today to discuss your options. We are here to help.
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