Is There a Preference to Mothers in a Custody Case?

The short answer is No.

A.R.S. 25-403.01 states that, "[t]he court in determining custody shall not prefer a parent as custodian because of that parent's sex."

The sole factors that the court should consider in determining custody are set forth in A.R.S. 25-403. The factors are:

1. The wishes of the child's parent or parents as to custody.

2. The wishes of the child as to the custodian.

3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.

4. The child's adjustment to home, school and community.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent, both parents or neither parent has provided primary care of the child.

8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.

9. Whether a parent has complied with chapter 3, article 5 of this title (taking a parenting class).

10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

11. Whether there has been domestic violence or child abuse as defined in section 25-403.03.

I have found that the most heavily weighted factor is usually number 7, who has provided primary care of the child. Historically, when there has been a one income household, it has been the Father that has been working and the Mother staying home to raise the children. Because of this, a disproportionate amount of custody cases were determined in favor of the Mother.

However, as increasingly more and more households are dual income, this trend has started to change. When both parents have been working, the court normally finds that both parents have provided equal care to the children. As such, the other factors become more relevant to the decision.

In many cases, the Court has awarded joint legal and physical custody of the children to the parents. This is becoming more and more prevalent.

The key in any disputed custody case is having a skilled attorney be able to present your best case in regards to all of the eleven factors the Court examines.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com