Call Us Now
e-Mail Us Now
As a family law attorney, most of the clients I encounter talk about children in terms of custody. That term is really a misnomer that is no longer used. In Arizona, when it comes to children, a court must make rulings in three areas.
The areas are Legal Decision-Making, Parenting Time, and Child Support. In this blog post we will be speaking about legal decision-making. What is it? How does the court decide? Does it affect parenting time?
Legal separation is a type of court case, similar to divorce, that involves legal decision making and custody arrangements.
When deciding legal decision-making, the court has three options; the most common is joint decision making, there is also joint decision making with one party having final say, and sole legal decision making. Legal decision making refers to the authority to make major decisions about the child’s education, healthcare, and religious training.
Joint decision-making means that both parents must communicate with each other and come to decisions about the minor child(ren) together.
If they cannot come to an agreement, they must either go to court to change decision making or go to mediation to attempt to reach an agreement. Physical custody refers to where the child lives and who provides day-to-day care, which is determined separately from legal decision making.
Joint decision-making with final say means that the parents must still attempt to reach an agreement in good faith, but if an agreement cannot be reached, the parent who has final say can then make the decision without the agreement of the other party.
Lastly, there is sole legal decision-making. In this scenario the parent with sole legal decision-making would not be required to seek the consent of the other parent. The parent with sole legal decision-making would make the necessary decision and is only required to inform the other parent of the decision they made.
Decision Making and Parenting
In determining what type of decision-making parents should have, the court must consider the best interest of the child. The Arizona Legislature has listed several factors the court must consider when determining the best interest of the child.
These factors play heavily into a court’s determination and can affect the rights of one parent or the other. The court will consider the child’s parenting time preference if the child is of suitable age and maturity.
The court also considers the child’s adjustment to home, school, and community, as well as the importance of the child’s potential future relationship with each parent and the child’s siblings. The court evaluates the role and responsibilities of each child’s parent, especially in cases involving an act of domestic violence or if a parent is a victim of domestic violence.
The court may issue a court order, such as a custody order, temporary order, or visitation order, to formalize arrangements. Court cases involving legal decision making may require parent files, birth certificates, and may involve non parent individuals seeking visitation or custody.
The court also considers the importance of maintaining continuing contact and child frequent, meaningful contact with both parents, unless there are safety concerns.
The court is responsible for awarding legal decision making based on the best interest of the child, and parents are strongly recommended to seek legal advice. Parents may present evidence in court cases to support their position regarding legal decision making or parenting time.
Decision Making and Parenting Time
The court considers the distinction between legal custody and physical custody, and how the court considers parent’s rights. The court also considers the relationship between the child and the child’s siblings when making legal decision making and parenting time decisions.
Once a court determines what type of decision making the parents should share, they must then consider parenting time. Next week’s blog post will cover parenting time in more detail; however, legal decision-making does not necessarily affect what parenting time the parties have.
It is important to create a detailed parenting plan to outline parenting time and decision making responsibilities.
Having an experienced family law attorney working on your behalf can help to ensure that your rights, and the best interests of your children are protected. To schedule a family consultation in either our Gilbert or Glendale office call us today at 480-618-1221.
Child Support and Court Orders
When you’re dealing with legal decision making and parenting time issues in Arizona, child support becomes a crucial piece of the puzzle for protecting your child’s well-being and stability. You’ll find that the superior court typically handles child support during the same hearings where they’re determining who gets legal decision making authority and how parenting time gets arranged.
The main goal here is making sure your child’s physical health, emotional well-being, and overall needs are met, whether you and your ex end up sharing joint legal decision making or one of you gets sole legal decision making.
Arizona law requires the court to look at a bunch of different factors when they’re calculating your child support. These include what each parent makes, what your child specifically needs, and how much parenting time each of you has.
The court’s going to focus on what’s best for your child, and they’ll consider how well your child’s adjusting to home, school, and community, plus everyone’s mental and physical health. The court also looks at whether each parent can provide a stable, nurturing environment and if they’re willing to support a meaningful relationship between the child and the other parent.
In situations where one parent gets sole legal decision making, the court might still order joint legal decision making for certain decisions or allow supervised parenting time to protect your child’s best interests.
If there’s evidence of domestic violence or child abuse, the court may restrict parenting time or require supervised visits to keep your child safe and emotionally healthy. The court’s orders are designed to prevent unnecessary delays and address any history of violence or child abuse according to Arizona law.
To establish legal decision making, parenting time, and child support, you’ll need to file the right court papers with the superior court. This process means providing detailed information about your income, expenses, and what your child needs.
The court may issue temporary orders for child support or parenting time while your case is pending, and they’ll enter a final judgment once all the evidence has been presented and your child’s best interests have been thoroughly considered.
You have the legal right to request changes to existing court orders if there’s a significant change in circumstances, like a change in income, your child’s needs, or the parenting time schedule. The court will review these requests and make a decision based on your child’s physical and emotional well-being, how stable the home environment is, and what impact changes might have on your child’s adjustment and future relationships.
In cases involving allegations of domestic violence or child abuse, the court may order counseling, supervised visitation, or other services to ensure your child’s safety and promote a healthy environment. The court’s also watching out for false reporting or situations where a parent intentionally misled the court, since these actions can significantly affect how legal decision making or parenting time decisions turn out.
Ultimately, the court’s goal is to create orders that support your child’s best interests, foster a meaningful relationship with both parents, and provide for your child’s physical and emotional health.
You’re strongly encouraged to get legal advice to fully understand your rights and responsibilities, and to work together in good faith to establish legal decision making and parenting time arrangements that benefit your children. By putting your child’s needs first and keeping communication open, you can help ensure a stable, loving environment that supports your child’s growth and well-being.
