Do both parties have to agree for the father to get custody? 1 Answers as of July 26, 2011My daughter is going to get a divorce. Her husband, although a good father, wants some kind of a 5 2 2 5 plan for visitation because then he won't have to pay child support. How common is it in Arizona for this type of shared custody? I've been told the judges don't like those arrangements and both parties must agree or it won't be ordered. Is that correct?
Donaldson Stewart, PC | Monica H. Donaldson Stewart
Parties do not have to agree to an equal time sharing arrangement. If the parents cannot agree on what is best for their children, then the court will determine what is in the children's best interests according to a list of statutory factors. The child support calculation is not taken into consideration in determining parenting time (it is actually the other way around). Equal time sharing arrangements are not uncommon, but again, it depends on the statutory factors as well as his motivations in requesting (and her motivations in denying) this arrangement.
Answer Applies to: Arizona