Legal Decision Making Authority
(Custody)

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Legal Decision Making Authority (Custody)

Legal Decision Making Authority relates to major decisions affecting the child’s education, religion, and medical care as well as issues pertaining to mental health treatment and personal care decisions.. When partiesfirst walk into a Court, the presumption is that the parties should be awarded Joint Legal Decision Making Authority. The Court has a number of factors they must consider in determining legal decision making The factors are as follows:
The Court must make decisions regarding legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. In determining the child’s best interests, the court must consider all factors that are relevant to the child’s physical and emotional well-being, including:
  • The past, present and potential future relationship between the parent and the child.
  • The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
  • The child's adjustment to home, school and community.
  • If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.
  • The mental and physical health of all individuals involved.
  • Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
  • Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.
  • Whether there has been domestic violence or child abuse pursuant to section 25-403.03.
  • The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.
  • . Whether a parent has complied with chapter 3, article 5 of this title.
  • Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
In a contested legal decision-making or parenting time case, the court must issue specific findings on the record about all relevant factors and the reasons for which its ruling on these issues is in the best interests of the child.
Up until recently Arizona did not have a set age at which a child could decide what parent he or she wanted to live with. However, Arizona just passed legislation that will allow a child aged 14 or older to decide what parent he or she wants to live with. The key to this will be the child’s maturity level. The more mature the child is, the more weight the Court will put on what the child wants. Prior to this legislation being passed, the child’s wants or desires was just one of many factors the Court had to consider.

When Can a Child Decide Where He or She Wants to Live

Temporary
Orders

Why are temporary orders necessary? In Arizona, specifically Maricopa County, a divorce or custody action can take anywhere between 12 and 18 months to be completed. If a party needs orders sooner than 12 to 18 months, a party can petition the Court for temporary orders. This allows the court to issue orders sooner than the 12 to 18 month timeframe before permanent orders are issued in a case. . This also allows the Court to award parenting time to a party whose parenting time may be being withheld by the other party. A motion for temporary orders can be filed so long as there is a pending petition for dissolution, legal, separation, or establishment pending with the court. A temporary order can address, parenting time, legal decision-making, child support, spousal maintenance, an interim award of attorney fees, exclusive use of a home and/or in some cases, even a division of assets and debts. Once temporary orders are implemented by the court, those orders will remain in place until a final decree is issued by the Court, or until otherwise modified by the Court during the pendency of the case.