family law
MEDIATION
juvenile law
Legal Decision-Making (custody)
Arizona
Custody statutes changed in 2013, and Keith Berkshire is
not only familiar with the changes, but was part of the
committee of the legislature that made the changes.
This first-hand experience makes the Berkshire Law
Office familiar with all the intricacies of Arizona
custody and parenting time laws.
Legal decision-making (custody) is
defined under A.R.S § 25-401 as which party can make
legal decisions regarding the children. These decisions
do not affect parenting time as described below, but
rather impact legal decisions such as medical decisions,
educational decisions, and in certain circumstances,
religious decisions.
Legal decision-making in Arizona is
determined under A.R.S. § 25-403, which requires the
court to look at the following areas:
A. The court
shall determine legal decision-making and parenting
time, either originally or on petition for modification,
in accordance with the best interests of the child. The
court shall consider all factors that are relevant to
the child's physical and emotional well-being,
including:
1.
The past, present
and potential future relationship between the parent and
the child. The court will look at the bond between the
child and each of the parents and can also look at who
is the primary caretaker to the child.
2.
The interaction
and interrelationship of the child with the child's
parent or parents, the child's siblings and any other
person who may significantly affect the child's best
interest.
3.
The child's
adjustment to home, school and community. The court can
look at the living environment that each parent provides
to the child which includes an analysis of the safety of
the home environment, the stability, and whether the
parents provide a nurturing environment to the child.
4.
If
the child is of suitable age and maturity, the wishes of
the child as to legal decision-making and parenting
time. In Arizona, custody preference is not given the
mother, even in situations where the child is very
young.
The court can, however,
consider the mental health of one of the parents and its
effect on the ability of that parent to effectively
parent the child.
The court will also look at
the special health needs of the child and the parent’s
ability to care for those needs.
5.
The mental and
physical health of all individuals involved.
6.
Which parent is
more likely to allow the child frequent, meaningful and
continuing contact with the other parent. This paragraph
does not apply if the court determines that a parent is
acting in good faith to protect the child from
witnessing an act of domestic violence or being a victim
of domestic violence or child abuse.
7.
Whether one
parent intentionally misled the court to cause an
unnecessary delay, to increase the cost of litigation or
to persuade the court to give a legal decision-making or
a parenting time preference to that parent.
8.
Whether there has
been domestic violence or child abuse pursuant to
section 25-403.03.
9.
The nature and
extent of coercion or duress used by a parent in
obtaining an agreement regarding legal decision-making
or parenting time.
The
court does not allow either parent to attempt to get
more or less parenting time by offering more or less
money in exchange for parenting time.
10.
Whether a parent has complied with
chapter 3, article 5 of this title.
11.
Whether either parent was
convicted of an act of false reporting of child abuse or
neglect under section 13-2907.02.
Joint Legal Decision-making:
When the
parties are joint legal decision makers, they are
required to make all significant legal decisions
together. This means choosing schools, doctors, and
other legal decisions must be made jointly, with neither
party having any veto power. When parents have Joint
Legal Decision-making, neither parent’s rights are
superior to the other parent’s rights.
Joint Legal Decision-making
with Final Decision-making:
In some cases
the Court will appoint one of the parties to have “final
decision-making” authority on a specific issue, such as
medical decisions. Although one party may have this
authority, the parties are still required to consult in
good faith prior to a decision being made. Our family
law attorneys can describe what circumstances make this
type of authority necessary.
Sole Legal Decision-making:
Sole legal
decision-making is when one party can make all legal
decisions without consultation with the other parent.
This does not mean that the parent with sole
decision-making can determine what parenting time the
other parent gets, but rather is limited to decision
making. Sole legal decision-making is often difficult
to obtain, and our attorneys can describe the
requirements.
PARENTING TIME
"Parenting
time" defines what days of the week each parent spends
with the children. Parenting time is also often
referred to as "physical custody." A parenting plan is
the document that includes the day to day parenting time
agreement as well as specific holidays, vacations, and
other events. The crafting of an enforceable and
comprehensive parenting plan is what separates quality
attorneys from those not familiar with recent
developments. Many parenting plans ignore
potential areas of conflict and don't foresee issues
that may arise. We can help craft a plan that will
be in the best interest of your children, while
remaining enforceable.