Paternity, Legal Decision-Making Authority & Parenting Time
Legal Decision-Making Authority, Parenting Time, and Child Support Answers for Parents
Whenever children are involved, questions about where they’ll live, how much time they’ll spend with each parent, who will pay whom support, and how much need to be asked and answered.
If divorcing parents can’t reach a happy compromise on issues involving legal decision-making authority and parenting time — an Arizona Family Court judge will step in and make the decisions for them. When this happens, both parents must abide by how the court rules or decides. At the Law Office of Hector A. Montoya, P.L.L.C., we’ll provide the honest advice and perspective you need in order to stay focused on what’s important: the physical, emotional, and psychological well-being of your kids.
Contact our Tucson, Arizona, legal decision-making authority and parenting time lawyer in Tucson, Arizona, to request an initial consultation with Hector A. Montoya today.
Arizona Legal Decision-Making Authority and Parenting Time Lawyer
Arizona law does not directly speak of “custody.” Courts evaluate what is in the best interests of the children to award “legal decision-making” authority, which covers the important decisions in raising the child. Parents who share legal decision-making authority must consult with each other and come to an agreement on major decisions regarding religious upbringing, education, health care, and other major issues. Parents may share legal decision-making responsibilities equally, or the court may opt to award one parent the legal decision-making authority. Parenting time, on the other hand, is similar to the idea of the parenting time schedule. The parenting plan will outline the parenting time schedule.
- Modifications After Divorce: Sometimes circumstances require that legal decision-making authority, parenting time, and child support orders be changed long after a divorce is “complete.” Our firm can help you with post decree modifications as well.
Modifications of Parenting Time
When requesting a modification of parenting time under A.R.S. § 25-403, a parent must consider the following key factors:
- Best Interests of the Child: The modification must prioritize the child’s well-being, including their physical, emotional, and mental health.
- Parent-Child Relationship: The parent’s current and past relationship with the child and how the modification will affect their future relationship.
- Child’s Environment: How the child is adjusting to their current home, school, and community.
- Child’s Wishes: If the child is of suitable age and maturity, their preferences regarding parenting time.
- Health and Safety: The mental and physical health of all parties involved, including any concerns of domestic violence or child abuse.
- Parental Cooperation: Which parent is more likely to encourage a positive relationship between the child and the other parent, unless one parent is protecting the child from harm.
- Court Integrity: The parent should not have misled the court or caused unnecessary delays in the process.
In summary, the parent must show that the proposed changes are in the child’s best interests and consider how the modification will impact the child’s overall well-being.
Your Decisions, Our Attorney
Call our Tucson, Arizona law offices at 520-743-1797 to schedule an initial consultation, or contact our Arizona child parenting time and parenting plans attorney online by completing our brief intake/email form.