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Speak Up! - View Question #25043 |
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Question: Is child custody/visitation mediation mandatory in the state of Arizona? Is Arizona a joint custody state?
Answer: Arizona law does not require custody mediation, but it is strongly encouraged except in cases where domestic violence has occurred. People are permitted to resolve custody/visitation issues outside of the court. This is commonly called Alternative Dispute Resolution. Alternative Dispute Resolution can occur in the form of a settlement conference (supervised by a commissioner or judge pro tempore), parenting conference sponsored by Conciliation Services, or with the assistance of a private professional.
Arizona is not a "joint custody state" in the sense that the judge must award joint custody in every case, or even in the sense that joint custody is statutorily favored over sole custody. In fact, A.R.S. § 25-403.01 makes it clear that neither arrangement is preferred over the other.
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