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Whenever parents decide to end a marriage, the children become the primary focus of the divorce. While not every Parenting Time dispute results in a fight, Parenting Time issues are often some of the most emotionally complex legal issues that parents must address in a divorce proceeding. One issues that has bothered some Arizona parents is the length of time it can take to get an initial Parenting Time hearing.

A bill addressing Parenting Time hearings is currently set to go before Governor Jan Brewer for her signature. If the Governor does sign the legislation into law, family court judges will now be required to hold an evidentiary hearing on newly assigned Parenting Time cases within 60 days of the parent filing the divorce papers. Under the current system it can take many months for an initial Parenting Time hearing.

In Parenting Time hearings, the parents address many important Parenting Time arrangements that must be decided before a divorce can be finalized. These issues include physical and legal decision-making authority rights, Parenting Time rights, support concerns and any other parenting time concerns. In some cases grandparents and extended family can seek Parenting Time rights from the court as well, but this is far less common.

Common terminology in legal decision-making authoritycases includes physical legal decision-making authority, legal decision-making authority, Parenting Time time, joint legal decision-making authority and sole legal decision-making authority. Physical legal decision-making authority refers to the custodial parent with whom the child will live. This is typically assigned as sole legal decision-making authority, meaning only one parent is the custodial parent. Legal decision-making authority, on the other hand, refers to a parent’s right to make decisions for their child. This is typically shared or joint legal decision-making authority. Even if sole physical legal decision-making authority is granted, the non-custodial parent is still typically guaranteed legal Parenting Time rights.

Parenting Time cases are arduous and complicated. It is important that divorcing spouses understand their rights and responsibilities before entering into the courtroom.

Source: KSAZ FOX10, “House Oks bill speeding Parenting Time hearings,” March 27, 2013