Fox News.com) The foregoing custody battles pit mother against father with apparently no evidence that either parent jeopardized the child’s health, safety or welfare.  Arizona Statute provides that “the Court shall determine custody originally or on petition for modification in accordance with the best interest of the child.”  There are 11 factors A.R.S. §25-403 states the Court shall consider including the wishes of the child’s parent or parents as to custody, the wishes of the child as to custody, the child’s adjustment to home, school and community, and the mental and physical health of all individuals involved. You should also be aware that A.R.S. §25-403.01 states “the Court in determining custody shall not prefer a parent as custodian because of that parent’s sex.” This is important.  Many times one parent will attempt to use his or her gender in an effort to obtain sole custody.  The Courts are to remain gender neutral when determining custody.]]>