Family law governs some of the most personal and emotional aspects of people’s lives, including divorce, child custody, spousal support, adoption, and paternity disputes. Unfortunately, many people approach these legal situations armed with myths and misconceptions that can lead to costly mistakes. It is therefore crucial to understand Arizona family law to debunk the myths and protect your rights, finances, and family.
Here are some of the most common family law misconceptions and what Arizona law says.
Misconception 1: Mothers Always Get Custody
A common myth is that the court always awards child custody to the mother. While this may have been true decades ago, Arizona child custody laws are now gender-neutral. The law requires family courts to prioritize the best interests of the child, not the gender of the parent, when awarding custody.
In most cases, Arizona courts favor joint legal decision-making (joint custody) and shared parenting time, unless one parent is deemed unfit. Typically, it is in a child’s best interest to have substantial, frequent, and meaningful contact with both parents. Fathers have equal rights when seeking custody, and the court evaluates each parent’s role in caregiving, stability, and ability to co-parent.
Misconception 2: If We Agree on Everything, We Don’t Need Lawyers
Many couples agree to avoid courtroom drama by having an uncontested divorce or custody agreement. While it is less stressful and seems straightforward, it does not mean you don’t need legal guidance. Even when you and your ex-partner agree on the terms, you may overlook important legal issues or unknowingly waive rights.
A family law attorney in Arizona ensures all agreements are properly drafted, filed, and enforceable. They can also help you anticipate future scenarios, like changes in income or parenting time, and include protective clauses. Having a lawyer is not about promoting conflict; it’s about making sure your agreement stands the test of time and protects your interests.
Misconception 3: Children Can Choose Which Parent to Live With
Many parents believe that once a child reaches a certain age, they can decide which parent they want to live with. However, Arizona custody laws do not give children the absolute right to choose. While a judge may consider a child’s preference, especially if they are of suitable age and maturity, it does not mean the child always gets what they want.
The child’s wishes are just one of many factors the court considers when determining parenting time and decision-making authority. Courts also consider each parent’s ability to provide a stable home, support the child’s education and well-being, and encourage a relationship with the other parent.
Misconception 4: Only Married Couples Need a Custody Agreement
Custody is not just for divorcing spouses. Unmarried parents in Arizona must also address legal decision-making and parenting time, especially after establishing paternity. Even if parents get along, relying on informal agreements can lead to serious disputes. Only a court-ordered parenting plan is legally binding and enforceable.
If you’re an unmarried parent in Arizona, it’s essential to establish custody rights and child support formally through the court system to protect yourself and your child.
Misconception 5: Property Is Always Split 50/50 in a Divorce
Arizona is a community property state, which means that most assets and debts acquired during marriage are generally divided equally in a divorce. However, that doesn’t mean every item is split 50/50 down the middle.
Arizona law considers some property separate, including assets owned before the marriage or those received as gifts or inheritances. The nature of some assets, like a business or retirement account, means that while the court may allocate them equitably, it is challenging to have strictly equal allocations.
Understanding what constitutes community vs. separate property is key to a fair division of assets. A skilled divorce attorney in Arizona can help you make that distinction.
Misconception 6: You Can Avoid Child Support If You Give Up Custody
Some parents believe that if they don’t have custody or involvement in the child’s life, they are not required to pay child support. This is not true. Child support in Arizona is a legal obligation based on the child’s needs and both parents’ financial circumstances.
Even if one parent has full custody or the other parent has limited or no parenting time, the court can, and likely will, order child support. Parents cannot waive child support between themselves without court approval, as the right to financial support belongs to the child, not the parent.
Contact a Tucson Family Law Attorney
The complex and emotional nature of family law issues can make it easy for myths and misinformation to take hold. Whether you’re considering divorce, negotiating custody, seeking child support, or establishing paternity, don’t rely on myths and outdated information. It is advisable to consult a knowledgeable Arizona family law attorney to explain your rights and help you make informed decisions.
If you are in Tucson, AZ, contact our skilled and experienced family law attorneys at Liberty Audette and Associates. We will guide you through the legal complexities, protect your rights, and protect your loved ones. Contact us today to schedule a consultation and learn more about our services. Let us help you move forward with clarity and confidence.