A.R.S. 25-403.09
Child support
A. For any custody order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section.
B. An award of joint custody does not diminish the responsibility of either parent to provide for the support of the child.
Explanation: With child support, if you have any ability to help, then the court is going to make you help out. As a public policy consideration, the help of both parents, for a child's welfare, is going to be better in the eyes of the court.
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A.R.S. 25-404
Temporary orders
A. A party to a custody proceeding may move for a temporary custody order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary custody under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.
B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody decree be issued.
C. If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.
Explanation: If you're in a custody hearing, you can ask the court for temporary custody. If you do not obtain a divorce or separation, the court will get rid of the temporary custody order, unless you can show it would be better to keep it.
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A.R.S. 25-405
Interviews by court; professional assistance
A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time.
B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and shall be made available by the court to counsel, on request, under such terms as the court determines. Counsel may examine as a witness any professional personnel consulted by the court, unless that right is waived.
Explanation: In any custody proceeding, the court can talk directly with the child to figure out what the child wants. The family law court can even bring in professionals to assist this process, if they feel it would be necessary.
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A.R.S. 25-406
Investigations and reports
A. In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department, or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C.
B. If an investigation or report is ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.
C. Beginning on July 1, 2006, the court shall require any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the minimum standards prescribed by the domestic relations committee, established pursuant to section 25-323.02 as follows:
1. Six initial hours of domestic violence training.
2. Six initial hours of child abuse training.
3. Four subsequent hours of training every two years on domestic violence and child abuse.
D. A person that has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C if the training included at least six hours each on domestic violence and child abuse if the training meets the minimum standards prescribed by the domestic relations committee. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C if the training meets the minimum standards prescribed by the domestic relations committee.
E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C.
F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential custodial arrangements.
G. The court shall mail the investigator's report to counsel at least ten days prior to the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.
Explanation: The court can have more formalized investigations and reports in determining the best child custody situation. The investigator must be qualified. If you have an attorney, the court will send the report to your attorney before the custody hearing.
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