In the last few years, Arizona has completed an overhaul of custody laws. Essentially moving to a model based on “parenting time” and “legal decision making” as opposed to the terminology previously utilized for custody issues. In January 2013 this move took effect and signified a shift of emphasis towards making joint parenting a priority as opposed to the older model that tended to use every other weekend style custody arrangements and that Mothers would no longer be favored automatically as the parent with custodial responsibility.
Although there has been a change in the statutory language and terminology used, child custody determination still uses legal decision making in an effective manner. Primarily, the determination of parenting time and legal decision-making reflect which of the parents have the right to make certain decisions on behalf of the child or children as well as how much time the individual patent gets to spend with the child or children.
The following discusses how Arizona courts make their determinations of patenting time and legal decision-making.
Determining Legal Decision Making
Based on the best interests of the child, Arizona decided to replace legal custody with legal decision making authority. This means legal decision making allows parents to make important decisions regarding the life of a child or children. These can include, education, healthcare, and religion. The courts will consider “all factors that are relevant to the child’s physical and emotional well-being”, as outlined by A.R.S. §25-403. – when making a determination of which parents will have this authority.
There are many factors or consider that are specifically mentioned in this particular Arizona stature including:
- The adjustment of the child or children to their school, community and home environments
- The child or childrens’ relationships and interactions with siblings, parents and other people who can have a significant effect of the best interest of the child or children
- The physical and mental health of the parents
- An examination of the parent and child or children’s past, present and potential future relationships
- If the child or children are of a suitable age, their wishes of who they wish to primarily reside with
- A determination of whether child abuse or domestic violence has been a feature of the home life of the child or children
In summary, the court has a look at wide-ranging factors when they determine which parent should have the authority of decision-making. Once everything has been given due consideration, the court will decide to give sole legal decision-making authority to one parent or joint legal decision making authority to both parents. Most similar in form to being granted sole custody, sole legal decision-making authority means one parent is granted the authority to take the major decisions regarding the life and welfare of the child or children. Conversely, both parents will have an obligation to work together if joint decision making is granted by the court.
Legal Decision-Making Considerations
The other primary part of custody is known as parenting time. it determines how much time a parent is obliged to physically spend with their child or children and decisions are made by the court using the principles of the “best interests of the child.” A.R.S. §25-403.02 states parents in Arizona have to submit a mandatory plan of parenting if both parents are unable to come to an agreement regarding the time each parent will spend with their child or children. Because the courts will always make a decision based on the child’s best interest, it is worth noting the determination of joint legal decision-making may not equal or reflect equal parenting time. In a similar vein, the parent who lacks the authority to make decisions is still entitled to a meaningful and productive relationship with the child or children. Only in the case where a parent is not in a fit state to be with their child or children (often for reasons such as child abuse or substance abuse), it is very likely both parents will be granted enough time by the court to continue developing a meaningful relationship with their child or children. As ever, the actual time will be determined by what is in the best interests of the child or children.
Many people think the female parent will be automatically awarded as the primary caretaker of the child or children. The parent’s enthusiasm and relationship with the child are paramount. The wealth of the parent or their socioeconomic status. Parents only have to provide adequate and safe accommodation for the child or children. The court will not always grant custody to the parent who happens to be more affluent. Only comfortable living conditions, cleanliness and the ability to provide for the healthcare of the child. Regarding religion, it is important to be reminded of the fact the court will always act in the best interests of the child or children. Providing the religion of the parent does not cause harm to the child or children – the religion of the parents are not grounds for parental duties disqualification.
Other Important Considerations
- In Arizona, family law courts have the ability to grant both joint and sole custody. It is more common for sole custody to be ranted when the parties cannot reach an agreement
- If you use unsubstantiated or false allegations of neglect or abuse against the other parent – it will be used against you by the courts in the process of decision-making
- The more mature or older the children or child will be increasingly considered in the legal process
- Remember the parent who is more open to negotiation and communication with the other parent is often more likely to obtain primary custody or the majority of the children or child’s guardianship
When both parents submit a written plan for parenting and are open to communication and negotiation, the court will grant joint custody on the occasions it is in the best interests of the child or children. Families settle on a successful custody situation in more than 95% of the cases outside the court system in an amicable manner. However, if you are unable to make a mutually successful achievement on a child custody agreement, talk to a family law attorney to investigate your options.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.