LEGAL DECISION-MAKING (CHILD CUSTODY)
In 2013, Arizona replaced the term "custody" with "legal decision-making." "Custody" was a misleading term that made most people think of spending time with the child. This term actually referred to which parent made major decisions for the child. Confusing, right? "Parenting time" refers to who will spend time with the child and when. Legal decision-making, (fka "custody"), determines who will make major medical, educational and religious decisions for the children. Most parents share joint legal decision-making for the children.
More About Legal Decision-Making in Arizona
Most parents in Arizona share joint legal decision-making for their children. Married parents share joint legal decision-making of their children until and unless a Court orders a different arrangement. Unmarried mothers in Arizona, where no Court orders have been entered, have sole legal decision-making unless and until a Court orders a different arrangement. A Court will order sole legal decision-making to one parent if it determines that the other parent is unfit to make major decisions for the children. A parent may be deemed unfit if they have committed substantial domestic violence during the relationship, have abused alcohol or drugs (and are continuing to abuse alcohol or drugs) or have mental health issues.
How I Can Help
Arizona courts make child custody determinations based on the court’s opinion of the child’s best interests. If you are fighting for either joint or sole legal decision-making, I will do my best to help you build a strong case for court. At the beginning of a case, the Court presumes that joint legal decision-making and equal parenting time are in the child's best interests. There are family court cases where joint legal decision-making and equal parenting time are not in the child's best interest. I have extensive experience with complex legal decision-making cases in Arizona.
To learn more about my services or to schedule a consultation, please click the button below or contact my office today.
The Law Office of Kristen Kaffer, PLLC
