The first thing to know about determining child custody in the state of Arizona, is that it is a complex process, not least in the fact that the state has recently changed the way it handles custody. Custody has come to be regarded in terms of two facets: legal decision-making and parenting time.
Legal Decision-Making
Legal decision-making can take one of two forms: sole legal decision-making or joint legal-decision making. Under sole legal decision-making one parent is designated as responsible for making all major decisions related to the welfare and care of the child or children. That’s not to say that both parents cannot discuss the issues, but rather that if both parents are participants in such discussions that only one of them has the legal authority to make a final decision if an agreement cannot be reached by both parties. Conversely, joint legal decision-making gives both parents the same rights and responsibilities when it comes to making decisions regarding the care and welfare of their child or children. It is important to note, however, that joint legal decision-making does not guarantee equal parenting time, and the court may direct one parent to make certain decisions if it is deemed in the best interest of the child.
Parenting Time
Parenting time refers directly to the first item to leap to mind when most people consider custody––the time each parent will get to spend with their child or children and, in some cases, where that time spent will take place. In cases where one parent has been awarded sole legal decision-making powers the other parent is still entitled to parenting time; however, the specific details will vary. As mentioned above, joint legal decision-making does not necessarily mean equal parenting time. Judges in Arizona may order no parenting time or only supervised parenting time for either party if they deem that the child or children could be endangered by spending time with one parent or another.
If you are in need of a Phoenix family law lawyer, give us a call today. We would be happy to explain the new custody laws in greater detail and go over the specifics of your case with you. At Simon Law Group, we understand that your family means everything to you, and that’s why we are proud to have more than 30 years of family law experience to put to work for our clients when they need us most.
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