Custody and Parenting Time
In Arizona, when child custody is in dispute there are two areas that must be decided: custody and parenting time.
According to the law, the term “joint custody” means “joint legal custody” or joint physical custody, or both. The term “sole custody” means “the condition under which one person has legal custody”. There are also deviations for “joint legal custody” and “joint physical custody”. Clearly, this can be confusing so it is important to understand the terminology regarding custody and parenting time.
Legal custody deals with who has the right to make important decisions regarding the children. Important decisions regarding the children include, but are not limited to whether a should have elective an medical procedure, where the child attends school, the child’s religious upbringing, whether a child should be allowed to get a driver’s license and other such parental decisions. Joint legal custody means that each of the parents are to be involved in important decision making and must come to an agreement on how to proceed. In a joint legal custody arrangement, neither parent’s rights are superior to those of the other parent. In a case where one parent has sole legal custody, that parent can make those important without needing the other parent’s agreement (although often there will be a requirement that the other parent must be notified and will have the right to offer non-binding recommendations of what to do).
Physical custody on the other hand, is the term used to describe where the child lives and spends his or her time. Joint physical custody means that the child will spend essentially equal time at both parents’ homes and have equal contact with both parents. Physical custody is not dependent on legal custody. Parents who share joint physical custody may not share legal custody and vice versa.
Parenting time means the condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care consistent with the major decisions made by a person having legal custody. It is what used t be called “visitation”. While a parent has parenting time, he or she has physical custody and makes all the routine parenting decisions, except for the small handful or important decisions that remain the responsibility of the parent who has legal custody.
When making decisions about physical and legal custody the Superior Court must consider the child’s best interest. To determine what is in the child’s best interest the judge must consider ten different factors enumerated in Arizona Revised Statutes 25-403. Some of the factors are (1) the wishes of the child’s parents as to custody, (2) the mental and physical health of all individuals involved, and (3) who has provided for the primary care of the child.
At De Blank & Toussaint we understand the difficult and confusing nature of custody proceedings. In child custody proceedings our main goals are to ensure the well being of children and that the judge receives all of the information necessary to determine the best interest of the child. If you are interested in learning more about child custody or having a trained professional assess your custody case, please contact us for a consultation.
