阿斯利康儿童监护法
当一段有孩子的关系结束, there needs to be some type of agreement on how to raise the children, including which parent will be the primary caregiver and a visitation schedule for the other parent. The preference is for the parents to arrive at an agreement regarding Arizona 孩子的监护权. 然而, 当父母不能同意的时候, Arizona 孩子的监护权 court’s makes a determination based on what it considers to be in the best interests of the child.
哪些因素有助于决定亚利桑那州孩子的监护权??
A significant number of Arizona parents reach agreements on Arizona 孩子的监护权 with very little court involvement. When it comes to those parents who are unable to reach an agreement, the family court steps in and the Court must consider a variety of factors when making its decision. The judge may ask any or all of the following questions:
- 父母的身心健康.
- If the child is of suitable age and maturity, what is the child’s preference?
- 父母更喜欢什么?
- Does each parent wish to promote a healthy relationship between the child and his or her other parent?
- 移动会如何影响孩子? Is he or she involved in school programs, sports, or other community activities?
- 父母双方都有能力提供一个稳定的家庭吗?
- What is the relationship between the child and any step- or half-siblings?
- 哪位家长目前是主要的照顾者?
- 有家庭暴力的历史或证据吗?
- Is there any history or evidence of alcohol or drug 滥用?
In addition to answering these questions, the court looks at certain parent behaviors. 例如, parents who display a willingness to compromise and negotiate are likely going to appear more likely to make decision-based upon the best interest of the child and not simply to annoy or harass the other parent. 同时, parents who make false accusations against the other parent, 如未经证实的主张 滥用, typically find the court making rulings which place restrictions upon their interactions with the kids or ruling unfavorably against them.
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亚利桑那州儿童监护程序
当父母不能就孩子的监护权达成一致时, Attorney’s typically will help their client formulate a parenting and visitation schedule that includes weekends, 假期, 生日, and school vacation time and present arguments to the Court as to why their client’s parenting plan is in the best interest of 孩子(任).
法官考虑共同监护权的可行性, looking at factors such as the distance between each parent. Arizona family court judges may order joint custody even when one parent objects. The judge may also grant visitation to grandparents if such a request was filed and it would be in the best interest of the children.
在做出监护权决定时, 法官可以审查专家证人的证词, such as a mental health expert who interviews the parents, 孩子(任), 以及可能的证人或亲属. The expert typically creates a report of his or her evaluation and provides this report to the judge.
儿童监护的类型
亚利桑那州的法律承认三级 孩子的监护权:单独监护权、共同监护权和代父母监护权. You may also see the term “legal decision making” instead of 孩子的监护权, as this is Arizona’s preferred term to describe custody, 因为它更准确地描述了父母的角色.
唯一的法律决策 indicates that the court determined one parent has ultimate authority in making major decisions for the child, 包括关于教育和医疗保健的问题. Both parents may still work together to come to a compromise, but final decision-making authority rests with the parent granted sole custody.
联合法律决策 grants both parents equal rights as far as making major decisions for the child. A joint custody order requires both parents to submit a parenting plan. 甚至在共同监护权的决定中, 然而, one parent may be granted ultimate authority to make these decisions after a reasonable effort to consult with the other parent.
共同实物保管不同于共同法律保管. The court may award joint physical custody even after ordering sole legal custody.
代替父母 is when a non-parent fulfills the parental role for the child. This person may petition the court for either custody or parenting time, 只要他或她有一个重要的, meaningful history with the child and can prove such placement is in the child’s best interest. An award of in loco parentis requires proving one of the following:
- 这个孩子的父母之一已经去世了
- 孩子的父母未婚
- The child’s parents are married but in the process of legally separating or divorcing
什么是养育时间?
The answer to this seems obvious: it’s the time you spend parenting your child. Arizona law requires that a parenting plan be created and address certain issues as they relate to the child.
育儿计划必须包括:
- 物理监护计划
- How disputes will be resolved (a common method is working with a mediator)
- 重大决策将如何做出
- A written statement from both parents indicating an understanding that joint custody does not guarantee equal parenting time
- 规定定期审查育儿计划
The Parenting Time Plan offers a level of predictability and stability that is especially beneficial for the child.
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