When parents separate or divorce, one of the biggest questions and areas of emotional concern is often, “Who gets custody?” In Arizona, however, the law uses different terminology than many states to reduce the bias that was attached to those old terms, “custody,” “possession,” “visitation.” What many people still call legal custody is officially known as “Legal decision-making” in Arizona, while physical custody is generally addressed through “Parenting Time.”
Understanding that distinction is important because having significant parenting time does not necessarily mean having the same authority to make major decisions for your child.
At McMurdie Law & Mediation, we help Arizona parents understand these differences and create parenting arrangements that work for their families. With more than 30 years of family law experience, Cristi McMurdie understands both the legal requirements and the practical challenges parents face when making important decisions for their children.
What Is Legal Decision Making in Arizona?
Under Arizona law, legal decision-making refers to the legal right and responsibility to make nonemergency decisions regarding a child, including education, health care, religious training. personal care and activities. Arizona law recognizes both sole and joint legal decision-making.
This distinction matters because these are major decisions that can shape a child’s life.
For example, legal decision-making may come into play when parents disagree about which school a child should attend, whether a particular medical treatment is appropriate or how religious upbringing should be handled.
Legal Decision Making Is Different From Parenting Time
Legal decision-making and parenting time are separate concepts.
Legal decision-making addresses who has authority to make major decisions for the child.
Parenting time establishes when the child is with each parent. During their scheduled parenting time, each parent generally handles routine decisions about the child’s everyday care.
A parent can therefore have substantial parenting time without having sole authority over major decisions. Likewise, an order granting one parent sole legal-decision making does not automatically allow that parent to change a court-ordered parenting time schedule.
Joint vs. Sole Legal Decision Making
With joint legal decision-making, both parents share responsibility for major decisions. Arizona law provides that neither parent’s rights are superior unless the court order or final agreement gives one parent authority over particular decisions.
With sole legal decision-making, one parent has the legal right and responsibility to make major decisions for the child.
Joint decision-making requires parents to communicate and cooperate. When determining whether it is appropriate, a court considers factors including the parents’ ability to cooperate, whether they agree about joint decision making and whether such an arrangement is logistically practical.
How Does an Arizona Court Decide?
Arizona courts make legal decision-making and parenting-time decisions according to the best interests of the child.
The court considers factors such as the child’s relationship with each parent, adjustment to home, school and community, the parents’ physical and mental health, and each parent’s willingness to support the child’s relationship with the other parent. Domestic violence and child abuse are also specifically addressed under Arizona law and can have a significant impact on legal decision-making orders.
The result is not supposed to be about which parent “wins.” The focus is on creating an arrangement that serves the child’s best interests.
Your Parenting Plan Should Be Specific
A strong parenting plan does more than divide days on a calendar.
Arizona parenting plans address whether legal decision-making is joint or sole, each parent’s rights and responsibilities, education, health care and religious decisions, parenting-time schedules, holidays, school vacations and transportation arrangements.
Clear language can prevent disagreements later. Parents should understand not only when the children will be with them, but also how important decisions will be made.
When Parents Cannot Agree
Disagreements are sometimes unavoidable. Mediation, using a third party neutral who is skilled in both helping people reach agreements, and the legal knowledge of family law can give parents a structured setting to discuss their concerns and develop solutions without immediately turning the decision over to a judge.
If agreement is not possible, court intervention may be necessary. McMurdie Law & Mediation assists families through mediation as well as family law representation, helping parents determine which approach is appropriate for their circumstances.
Understand Your Rights and Responsibilities
The phrase “child custody” may still be common in everyday conversation, but understanding legal decision-making in Arizona gives parents a much clearer picture of what their parenting order actually means.
If you are establishing, reviewing or seeking to modify a parenting plan, McMurdie Law & Mediation can help you understand your rights and create a plan that addresses both decision making and parenting time.
Contact McMurdie Law & Mediation to schedule a consultation and discuss the needs of your family.
Frequently Asked Questions About Legal Decision Making in Arizona
What is the difference between legal decision-making and custody?
Arizona uses “legal decision-making” for what has traditionally been called legal custody. Parenting time addresses the schedule for when a child is with each parent.
Does joint legal decision making mean 50/50 parenting time?
No. Legal decision-making and parenting time are separate issues. Sharing decision-making authority does not automatically establish an equal parenting-time schedule.
Can one parent have final decision-making authority?
A parenting order can establish specific rights and responsibilities concerning particular decisions. The appropriate arrangement depends on the circumstances and the child’s best interests.
Can legal decision making be changed later?
Yes, but Arizona law establishes requirements and timing restrictions for modifications. There are exceptions to the usual timing rules in certain circumstances, including concerns involving serious endangerment, domestic violence or noncompliance with a joint legal decision-making order.