Protecting Your Rights As A Parent: Understanding Parenting Time In Arizona
Navigating the complexities of divorce or separation is challenging, especially when children are involved. The terms “custody” and “visitation” are not typically used in Arizona. Instead, the focus is on “parenting time” and “legal decision-making,” emphasizing the importance of both parents’ continued involvement in their children’s lives.
At Cervone Law P.C., our lawyer understands the emotional and legal challenges of determining parenting time arrangements. With over 12 years of experience in family law, we provide compassionate and effective legal counsel to clients in Phoenix, guiding them through this sensitive process and advocating for their rights as parents. We believe in prioritizing the best interests of the child while helping families reach agreements that promote healthy and stable co-parenting relationships.
Parenting Time: What You Need To Know
Parenting time refers to the time each parent spends with their child. Arizona courts encourage parents to create a parenting plan that outlines the details of their parenting time schedule. This plan should address various aspects of the child’s life, including:
- Residential schedule: Where the child will live and how much time they will spend with each parent
- Holiday and vacation time: How holidays and school breaks will be divided between parents
- Transportation arrangements: How the child will be transported between parents’ homes
- Communication: How parents will communicate with each other and the child
Our experienced attorney can help you develop a comprehensive parenting plan that meets your child’s needs and reflects your family’s unique circumstances.
Legal Decision-Making: Sharing The Responsibility
Legal decision-making refers to the authority to make important choices about a child’s life. Arizona courts recognize that both parents play a crucial role in their children’s upbringing and generally favor joint legal decision-making, encouraging parents to collaborate and share these responsibilities. This means that even if the child primarily resides with one parent, both parents have a say in significant decisions that impact their child’s well-being and development. These decisions may include:
- Education: This encompasses choices regarding the child’s schooling such as selecting schools (public, private, charter or homeschooling), determining academic programs and extracurricular activities, and addressing special educational needs. Joint legal decision-making requires parents to work together to make choices that support the child’s academic success and overall development.
- Health care: This involves decisions about the child’s physical and mental health, including selecting health care providers, consenting to medical treatments, managing medications and addressing mental health concerns. Joint legal decision-making ensures that both parents are involved in making informed decisions about the child’s health care needs.
- Religious upbringing: This pertains to decisions about the child’s religious education and participation in religious activities. If parents have different religious beliefs, joint legal decision-making requires them to find common ground and make choices that respect both perspectives while considering the child’s best interests.
- Extracurricular activities: This includes decisions about the child’s involvement in sports, clubs, lessons and other activities outside of school. Joint legal decision-making encourages parents to support the child’s interests and talents while considering factors such as time commitment, cost and the child’s overall well-being.
While joint legal decision-making is preferred, there are circumstances where sole legal decision-making may be granted to one parent. This typically occurs when there is evidence of abuse, neglect, substance abuse or other factors that may endanger the child’s well-being if one parent has sole decision-making authority.
Our experienced family law attorney can help you understand the implications of legal decision-making and advocate for your rights as a parent. We will work closely with you to develop a parenting plan that addresses legal decision-making in a way that prioritizes your child’s best interests and promotes a healthy co-parenting relationship.
Factors That Influence Parenting Time And Legal Decision-Making
When determining parenting time and legal decision-making, Arizona courts consider a variety of factors, including:
- The child’s age and wishes (if they are of a certain age and maturity level)
- Each parent’s relationship with the child
- Each parent’s ability to provide a stable and nurturing environment
- Any history of domestic violence or substance abuse
- The child’s adjustment to their home, school and community
Our knowledgeable attorney can help you understand these factors and how they may impact your case. She will work tirelessly to present your case in the most favorable light and advocate for your parental rights.
Common Questions About Parenting Time In Arizona
We understand you may have questions about parenting time and legal decision-making in Arizona. Here are answers to some common inquiries:
What is the biggest mistake in custody battles?
Many mistakes can be made in custody battles. Some of the biggest issues include speaking negatively about the other parent, seeking sympathy from the child, communicating poorly with the other parent, unjustifiably withholding access to the other parent, misrepresenting substance abuse and separating siblings in blended families.
Can a child choose which parent to live with?
Arizona law does not generally allow a minor child to formally “choose” which parent they will live with.
What do judges look for in child custody cases in Arizona?
The court shall consider all relevant factors, including the past, present and potential future relationship between the parent and the child. The interaction and interrelationship of the child with the parent or parents, the siblings and any other person who may significantly affect the best interests of the child.
Need Help With Your Parenting Plan?
If you are facing a divorce or separation and need assistance with parenting time or legal decision-making in Phoenix, we are here to support you. Our established family law attorney is dedicated to providing experienced and compassionate representation to clients throughout Arizona. Contact us at Cervone Law P.C. or contact us online to schedule an appointment and discuss your case with our skilled attorney.