When couples decide to have a family, the last thought in their mind is what will happen if they break up. When it does happen, you 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 whatever heartbreak or anger one feels. Each parent must set aside their personal feelings against the other parent, to the best of their ability, and place the priority of what is in their child’s best interest, first.
When children are involved, this Co-Parenting relationship will continue for the rest of that child’s life. Under Arizona law, this Co-Parenting Relationship ends when the child becomes an adult.
If this happens, there are 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 as 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’s not in the child’s best interests to not grant one parent legal decision making, the court may grant the other 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, and 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.
Now, with child custody in Arizona, it must be stated that sometimes having Joint legal decision making, does not always 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 what is in the child’s best interest.
Every child custody case is unique. It’s 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.