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Joint Legal Custody | Scottsdale Family Law

Alan Cochran | 1624 Views | 10/07/2015

Joint Legal Custody

Parents sharing joint legal custody, now referred to as joint legal decision-making, must reach agreements regarding major life decisions affecting their children. Each parent’s rights and responsibilities in communicating about reaching agreements regarding these decisions, are outlined in a court ordered parenting plan.  Disagreements between parents regarding these decisions are often resolved through mediation, or through the use of a third person usually referred to as a parenting coordinator.

Arizona Legal Decision-Making

In Arizona, the law is that it is consistent with the child’s best interest. The court shall adapt a parenting plan that provides both parents to share legal decision-making regarding their child.  New custody law encourages, but does not mandate equal parenting time. Additionally, the same section of the statute provides that the court shall not prefer a parent’s proposed parenting plan because of the parent or the child’s gender. It is always best if both parents can decide custody for the best interest of their children.

However, if not able to do so, the court will enact orders either joint or sole legal decision-making at the time of trial. Presently, there is a greater emphasis on parental responsibility as well as parental right. There is a presumption however, that joint legal decision-making is not in the child’s best interest if one of the parents has committed an act of domestic violence, abuse drugs, alcohol, or has being convicted of any drug offense within the last 12 months before the petition was filed.

Deciding Factors for Courts

The most compelling factors the court must consider when deciding legal decision-making and parenting time in Arizona, include the children’s relationship with each parent and any siblings, the children’s adjustment to each parents home, schools, and the community each parent resides in. Another factor is the wishes of the children, but only if the child is of a suitable age and maturity to make such decisions.

The mental and physical health of all individuals involved in the family and the children residing in the home. It also includes which parent is more likely to allow the children frequent, meaningful, and continuing contact with the other parent.  The court also weighs any domestic violence, child abuse, and child neglect issues, as well as any intentional misleading of the court by either parent to cause unnecessary delay, increased cost of litigation, or to attempt to persuade the court to prefer the false-reporting parent’s position over the other. If you’re in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at (480) 305-8300 to schedule an appointment.

By: Alan Cochran

Joint Legal Custody | Scottsdale Family Law

Joint Legal Custody

Parents sharing joint legal custody, now referred to as joint legal decision-making, must reach agreements regarding major life decisions affecting their children. Each parent’s rights and responsibilities in communicating about reaching agreements regarding these decisions, are outlined in a court ordered parenting plan.  Disagreements between parents regarding these decisions are often resolved through mediation, or through the use of a third person usually referred to as a parenting coordinator.

Arizona Legal Decision-Making

In Arizona, the law is that it is consistent with the child’s best interest. The court shall adapt a parenting plan that provides both parents to share legal decision-making regarding their child.  New custody law encourages, but does not mandate equal parenting time. Additionally, the same section of the statute provides that the court shall not prefer a parent’s proposed parenting plan because of the parent or the child’s gender. It is always best if both parents can decide custody for the best interest of their children.

However, if not able to do so, the court will enact orders either joint or sole legal decision-making at the time of trial. Presently, there is a greater emphasis on parental responsibility as well as parental right. There is a presumption however, that joint legal decision-making is not in the child’s best interest if one of the parents has committed an act of domestic violence, abuse drugs, alcohol, or has being convicted of any drug offense within the last 12 months before the petition was filed.

Deciding Factors for Courts

The most compelling factors the court must consider when deciding legal decision-making and parenting time in Arizona, include the children’s relationship with each parent and any siblings, the children’s adjustment to each parents home, schools, and the community each parent resides in. Another factor is the wishes of the children, but only if the child is of a suitable age and maturity to make such decisions.

The mental and physical health of all individuals involved in the family and the children residing in the home. It also includes which parent is more likely to allow the children frequent, meaningful, and continuing contact with the other parent.  The court also weighs any domestic violence, child abuse, and child neglect issues, as well as any intentional misleading of the court by either parent to cause unnecessary delay, increased cost of litigation, or to attempt to persuade the court to prefer the false-reporting parent’s position over the other. If you’re in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at (480) 305-8300 to schedule an appointment.

By: Alan Cochran