Legal Decision Making

Understanding Legal Decision-Making and Parenting Time in Arizona

At AZ Diamond Docs, we help Arizona parents navigate the complexities of joint legal decision-making and parenting time. Whether you are establishing a parenting plan or modifying an existing order, understanding the difference between sole and joint legal decision-making is essential for protecting your rights and ensuring your child’s best interest under Arizona family law.

What Is Legal Decision-Making in Arizona?

Defining Legal Decision-Making

Legal decision-making refers to the legal rights and responsibilities to make crucial decisions regarding a child’s welfare. These include major decisions regarding education, healthcare, and religious training. In Arizona, legal decision-making replaced the term “legal custody” to emphasize a parent’s duty to participate in their child’s upbringing.

When one parent has the legal right to make decisions, it is called sole legal decision-making. If both parents share that authority, it is joint legal decision-making. The court of Arizona determines which arrangement best serves the child’s best interests, as outlined in Arizona Revised Statutes § 25-403, which outlines legal decision-making and parenting time.

The Role of the Court in Legal Decision-Making

The superior court reviews multiple factors, such as the interaction and interrelationship between the child and siblings, and any other person who may significantly affect the child’s legal decision-making and parenting time, as well as the child’s welfare. The court shall consider whether either parent was convicted of an act of domestic violence or child abuse.

If parents cannot agree on decisions, the court may assign sole legal decision-making to one parent. However, courts generally encourage legal decision-making and the exchange of parenting time. Parents are to cooperate and reach an agreement to support meaningful and continuing contact between both parents.

How Does Parenting Time Work?

Creating Parenting Plans

Parenting time refers to the amount of time each parent spends with the child. A court-ordered parenting time plan includes a detailed schedule of time that ensures equal parenting time whenever possible. The plan may include routines for holidays, school breaks, and weekends to ensure stability in the child‘s care.

When parents establish parenting plans, they must outline how they will address the parenting time preference. Make routine decisions concerning the child’s personal care, including school attendance and extracurricular activities. The court reviews these plans to ensure they align with the child’s best interests.

Modifying Parenting Time Arrangements

If a previous legal decision-making or parenting time order no longer works, either parent may request modification. The court or the parents must show that a substantial change has occurred affecting the child’s best welfare.

The family court may revise the final judgment or order to accommodate new circumstances, such as relocation, changes in the parents’ schedules, or concerns over child abuse or neglect.

Sole vs. Joint Legal Decision-Making

Sole Legal Decision-Making

Sole legal decision-making means that one parent has exclusive authority to make all decisions for a child, including those regarding education, healthcare, and moral development. This arrangement may be granted if domestic violence or child abuse is present or if the parent’s parenting time is in question. One parent is unfit.

Under Arizona law, the court may grant sole or joint legal decision-making depending on the family’s situation, always prioritizing the child’s emotional and physical safety.

Joint Legal Decision-Making

Joint legal decision-making means both parents share the right and responsibility to make decisions about the child’s interrelationship with their parent or parents. Essential choices for their child. It means both parents share equal input on the specified court-set legal decisions.

Even if parenting time is not equal, joint decision-making requires cooperation between parents to maintain consistency in the child’s care. The court encourages collaboration unless there is an act of false reporting, a history of domestic violence, or false reporting of child abuse.

Key Takeaways: Legal Decision Making

• Legal decision-making gives parents the right and duty to make significant decisions for their child.
• Parenting time determines each parent’s schedule for time with the child.
• Sole legal decision-making allows one parent to make all legal decisions for a child.
• Joint legal decision-making means both parents share responsibility for key choices.
• Arizona’s 25-403 requires the court to evaluate what serves the child’s best interests.
• AZ Diamond Docs prepares accurate, court-ready forms for legal decision-making and parenting time

At AZ Diamond Docs, we understand how emotional child custody and parenting time cases can be. As the owner, I’ve helped many Arizona parents create fair, transparent, and enforceable legal decision-making agreements. My team works to ensure every document reflects your child’s best interest and your right to participate in their life.

— Michelle Sandoval, Owner, AZ Diamond Docs