PHOENIX CHILD CUSTODY

HOW DOES A JUDGE MAKE LEGAL DECISION-MAKING AUTHORITY AND

PARENTING TIME DECISIONS?

The Judge Will Consider a Number of Different Factors in Deciding Both Who Should Have Legal Custody and How Physical Custody Will Be Split

Phoenix Child Custody: How Does a Judge Make Legal Decision-Making Authority and Parenting Time Decisions? www.singerpistiner.com 2

When divorcing or separating,

parents with shared children need

to make a determination on who will

have custody of the kids. Divorce

laws recently changed in Arizona

and as of January 1, 2013,

“custody” is known as “legal

decision-making” and visitation is

referred to as “parenting time.”

It is preferable for parents to negotiate together outside of court to make

decisions on both custody and parenting time. When parents are able to work

together without involving a judge in making their decisions, there is less cost

and less stress involved with the separation or divorce. The parents also know

their family dynamic best and are able to create a visitation schedule that makes

the most sense for their children. An experienced family law attorney can

provide assistance to parents in negotiating on the issue of custody in order to

maximize the chances of an agreement being formed.

If parents are not able to mutually agree on custody, then the case will need to

go to court. The judge will be asked to make a decision both on legal custody

and on parenting time. According to A.R.S. § 25-403.02,each parent must

submit a proposed plan for the judge to consider. The court will then make a

decision based on what is in the best interests of the child. Having a family law

professional help you to prepare your proposed plan and argue on your behalf

before the judge is essential so you can make the strongest possible case.

Phoenix Child Custody: How Does a Judge Make Legal Decision-Making Authority and Parenting Time Decisions? www.singerpistiner.com 3

UNDERSTANDING CUSTODY RULES IN ARIZONA

Legal custody refers to the ability to make decisions on a child’s behalf. For

example, the parent with legal custody may decide where a child attends school,

what religion the child should be raised under, and what medical care the child

will receive.

Parenting time refers to how much time each parent physically spends providing

care for the child or children. In the majority of cases, parenting time is shared

between both of the parents. It is considered best for the child to continue to

develop and maintain a relationship with his mother and his father even after a

divorce occurs. As a result, outside of cases of abuse or neglect, sole custody

Phoenix Child Custody: How Does a Judge Make Legal Decision-Making Authority and Parenting Time Decisions? www.singerpistiner.com 4

arrangements are rare and parents will typically have some type of shared

custody or joint custody.

The parenting plan that the judge creates will

include details including who has decision-

making authority; who has the responsibility

for physical care of the child; how the

exchange of the child will occur; and how

disputes are resolved. A procedure for

periodic review of the plan will also be put

into place.

HOW DOES A JUDGE DECIDE ON CUSTODY?

The judge will consider a number of different factors in deciding both who should

have legal custody and how physical custody will be split. In all cases, the

judge’s goal is to make a determination on what is in the “best interests of the

child.” Sections 25-403 of the Arizona Family Code sets forth the criteria for

determining what is best for the child.

According to this law, the court should consider:

The past present and potential future relationship between the child and the

parent.

Relationships between the child and his/her siblings, parents or other

persons who will impact the child’s life.

How the child adjusts to his home life, his school and his community.

Phoenix Child Custody: How Does a Judge Make Legal Decision-Making Authority and Parenting Time Decisions? www.singerpistiner.com 5

Whether the child is old enough and mature enough to express his wishes

on parenting time.

The physical and mental health of all involved parties.

Which of the two parents, if any, is more likely to allow the child to have

meaningful and frequent contact with the other parent. However, this is

not a factor if one parent is preventing contact in order to protect the child

from being a victim of or a witness to abuse.

Whether either parent intentionally misled the court to increase costs or

create delays.

Whether any acts of domestic abuse or child abuse have occurred.

Whether either parent has been subject to coercion in regards to custody.

Whether either parent made false accusations of child abuse or domestic

abuse.

The court may ask for each parent to present witnesses to support his or her

preferred parenting plan, and a court appointed guardian ad litem may observe

the interactions between parent and child to provide further information to the

court on the issue of child custody.

A decision on custody is one of the most important choices made in a divorce or

a separation. Both parents need to be represented by a qualified legal

professional who can protect their interests and ensure that the custody outcome

is the best one for the child and family. Call an experienced Phoenix, AZ family

law professional for help if you are separating or divorcing and need help.

Phoenix Child Custody: How Does a Judge Make Legal Decision-Making Authority and Parenting Time Decisions? www.singerpistiner.com 6

About Singer Pistiner, P.C.

In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.

At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.

Your Personal Attorneys

Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.

We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements, grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.

In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.

FAMILY LAW ATTORNEYS SERVING PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA

If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.

Singer Pistiner, P.C.

1 East Camelback Road, Suite 550

Phoenix AZ 85012

Phone: 602-264-0110

Fax: 602-264-0440

Website: www.singerpistiner.com