When couples decide to start a family, the last thought on their mind is what will happen if they break up. Many are met with shock, sadness, anger, and/or acceptance that the relationship is over. However, what is often forgotten is that the Co-Parenting Relationship must continue, despite the heartbreak or anger. Each parent must set aside their personal feelings against the other parent and prioritize their child’s best interest.
Under Arizona law, this Co-Parenting Relationship ends when the child becomes an adult. Until then, there are two important distinctions that one must understand when it comes to child custody in the State of Arizona.
Child Custody is broken into two separate concepts: (1) Legal Decision Making, and (2) Parenting Time/Physical Custody.
LEGAL DECISION MAKING
Legal Decision Making is where decisions relating to the non-emergency issues of the child must be made. This includes the child’s education, medical care, religious upbringing, personal care, and legal custody.
The State of Arizona favors the presumption that both parents shall co-parent together and make decisions together. This is commonly called Joint-Legal Decision Making. The reasoning behind this is that it is in the child’s best interest to have both parents involved in the child’s life.
Only under certain circumstances will the Court deviate from this presumption. In instances where it is in the child’s best interests to grant one parent legal decision making, the court may grant Sole Legal Decision Making or, at a minimum, final say if the parties are unable to come to an agreement within a certain time frame. Such instances occur in cases where there has been a history of domestic violence, child abuse, substance abuse, or the other parent’s clear inability to cooperate, etc.
PARENTING TIME/PHYSICAL CUSTODY
Parenting Time or Physical Custody is exactly what it sounds like, “how much time will I have with my child?” Parenting time involves a consistent schedule that the parties will exercise with his or her child during the week, holidays, and summers.
Again, the presumption in Arizona is that the parties will share equal parenting time. To deviate from this presumption, the Court again must determine what is in the best interest of the child.
It is important to note that sometimes, Joint Legal Decision Making does not necessarily mean you will have equal parenting time. The same can be stated that if awarded, Sole Legal Decision Making does not always mean you would be awarded with sole physical custody. It all depends on the child’s best interest.
Every child custody case is unique. It is essential to understand your specific rights and options to ensure the best possible outcome for you and your child.
Child custody matters can be complex and emotionally charged. It’s advisable to consult with an experienced family law attorney in Arizona for personalized guidance and representation.
about the author
Josefa Rodriguez brings a compassionate approach to helping families resolve domestic disputes involving legal separations, divorce proceedings, spousal maintenance, child custody and support, parental rights, and domestic violence. She is adept at achieving favorable resolutions through strategic advocacy and effective case management, with particular emphasis on settlement negotiations for early resolution and pre/post-nuptial agreements.
*This article provides a general overview of some of the issues faced in family law disputes and is not intended to provide legal advice. We encourage those with specific questions about their family law case to contact a qualified family law attorney.
To discuss your specific case, please contact our dedicated family law team at (602) 530-8022 or familylaw@gknet.com.