Custody vs Decision Making Decision making is the legal responsibility and right to make decisions for a child in the case of divorce. This can be awarded to one parent, both parents, or a legal guardian and can include decisions involving education, religious teaching, personal care, healthcare and/or all non-emergency decisions. Legal decision making and parenting time replace former legal divorce topics of custody and visitation, updating them to be more reflective of parenting arrangements in the interest of the children. The court looks at the past, present and potential future relationship between parents and the child to award decision-making responsibilities rather than having parents “fight” over custody. During a divorce in Arizona, both parents are considered to have joint custody with equal rights if the parent had the children together while married. Parenting Time vs Visitation Parenting time is the scheduled time that either parent has with their child(ren) where they provide food, shelter, clothing and make general decisions about the child’s care while together. Parenting time can be negotiated and established during the divorce proceedings and isn’t often changeable unless a large change in situations has occurred. Visitation, on the other hand, is a term used for non-parental time with a third party such as a grandparent. Best Interest of the Child The courts put the interest of the child first, taking into consideration what the child wants, what the child’s parent’s want, the past and current relationships important in the child’s life, adjustments to schedule because of the divorce, willingness and ability to co-parent, and more. Sometimes temporary custody orders are given during separation, divorce or paternity testing that are subject to change once information is obtained to determine best interest, especially in the cases of abuse/neglect, domestic violence, drug or alcohol issues or more. If you are concerned about parenting time, decision-making and custody in regards to your divorce in Arizona, contact Simon Law today. With over 30 years, Simon Law is here to help you understand your rights and fight for you to have a fair outcome. Contact us today for a free consultation and remember, experience matters!]]>
