If a father receives visits with the child every other weekend of the month, it can allow the father to spend time with the child, including bringing him home. He is given the power to have « custody » of the child, according to what most people consider to be the definition of that term. Previously, the term « custody » was used in this context; but now, in Arizona, the term has been changed to legal decision-making authority. When you talk about parenting arrangements for a child, that is now the term used by the court. Sometimes both parents are capable and should have a say in what happens to the children, but pragmatically, they are simply not able to make decisions together. In such situations, the court may order joint legal decision-making, but may order that when the parties meet and discuss what is happening, one of the parties has the final say on what a legal decision will look like. Thousands of people divorce each year in the state of Arizona. Many of these couples have minor children, and it can be very difficult to agree on who has custody of them, under what circumstances they have custody, and what parental obligations and restrictions are. Note: In accordance with federal and other state laws, legal decision-making means « legal custody. » Some common uses of the term « decision » in the legal context include: In the same sense, the court does not have the ability to inject its decisions on legal decisions instead of parental decisions. Legal decision-making involves decisions on topics such as medical care, education, etc. The court only has the power to say who can make those decisions. She cannot make decisions for the parents. Therefore, if there is a particular dispute about which doctor to consult, the court can only designate which parent can make the decision.
Paul E. v. Courtney F., __Ariz.__, ___P.3d__ (Ct. App. 2018). If there is an agreement on joint custody, which means that both parents have the child at certain times agreed upon or determined by the court, there is usually some form of joint legal decision-making power that is granted. This usually means that the parent who has custody of the child at any given time determines what the child is doing or how to deal with emergency situations. If the parties reach an agreement on legal decision-making and parental leave, the court will almost always accept that agreement. If the parties cannot agree, the court will rule in their favour. When determining the legal decision and parental leave, the court must consider the « best interests of each child. » As a general rule, the courts recognize the importance of involving both parents in a child`s life. In an ideal world, legal decision-making would be made jointly by both parents, and both parents would share parental leave equally.
However, there are a number of reasons why a court might depart from a purely identical decision-making and/or parental leave system. In determining what is in the « best interests » of the child, the court considers a number of factors set out in Arizona`s revised 25-403 law, including: However, there are many cases where one parent has full authority over the decision-making process, even if the child is visiting the other parent. This means that even if the child is in the care of a parent, it does not mean that that parent has decision-making power. Legal decision-making is the right to make important decisions about your child, including education, health, and religion. Some types of decisions that fall under the right to legal decision-making are: where your child goes to school, whether your child undergoes surgery, and what kind of religious education your child receives. There are two types of legal decision-making: single or joint. The courts often require parents to sort things out in such a way that in an emergency, there is already a predetermined idea of what to do in this situation. Only legal decision-making power In this legal situation, a person, usually a parent, has full authority to act on behalf of the child in all important decisions. You are the only person who can make such decisions, and the court has full authority to make decisions for the child regarding education, medical treatment, religious choice, etc.
In Arizona`s court system, there were actually two different types of legal decision-making powers. These include: As an umbrella term, the decision refers to both administrative and judicial decisions. This includes final judgments, decisions and interim court injunctions until the outcome of the dispute. Often, a decision is seen as the first step in representing a judgment in a claim by a court.