CHILD CUSTODY (PARENTING TIME AND LEGAL DECISION-MAKING)
Going through a divorce or legal separation is never easy. When children are involved, the process becomes far more difficult. No matter what your situation, the courts will always look to the “child’s best interests.”
When it comes to custody in Arizona, there is no more custody in Arizona.
“Physical custody” is now called parenting time and “legal custody” is now called legal decision-making. What does this mean?
Parenting Time
- Parenting Time refers to the schedule or arrangement that determines when the child(ren) will be with each parent. The schedules can vary drastically based on the unique circumstances of your family and the children’s needs. If parents cannot come to an agreement on a schedule, the court will decide.
Often, parents will share an equal 50/50 parenting time schedule, which may be week on/week off, 5/2/2/5, or even 3/2/2/3. Holidays, special occasions, and vacations are also determined in advance to avoid further friction in the future.
Legal Decision-Making
- Legal Decision-Making means the authority granted to a parent to make important decisions on behalf oof the children, concerning education, medical and religious decisions.
- Joint legal decision-making is decision making shared equally by both parents. Parents are required to consult with each other and make joint decisions regarding important issues.
- Joint legal decision-making with final say- Sometimes a court will award one parent presumptive (final say) decision-making authority. This means that the parties are required to consult with each other, but if they cannot come to an agreement, the one with presumptive authority gets to make the final decisions.
- Sole legal decision-making- Often when there is either significant or a significant history of domestic violence in a relationship, the court will award the other parent with sole legal decision-making. The parent with sole legal decision-making authority has the right to make all major decisions regarding the child(ren)’s health, education, or religion.
