Understanding the Differences Between Legal Decision Making and Parenting Time in Arizona

When parents separate or divorce, decisions regarding their children's care and upbringing become crucial. In Arizona, these decisions are categorized into two main areas: legal decision-making and parenting time. Understanding the differences between these concepts is essential for navigating family law matters effectively.

Legal Decision Making

Legal decision making refers to the authority to make important decisions about a child's welfare. This used to be called "legal custody" until 2013 when Arizona officially changed its terminology in an attempt to accurately reflect the responsibilities involved in raising a child. Legal decision making includes decisions related to education, healthcare, religious upbringing, and personal care. Legal decision making can be awarded in two forms as well as a hybrid option as well:

• Sole Legal Decision Making: One parent has the exclusive right to make major decisions about the child's welfare.

• Joint Legal Decision Making: Both parents share the responsibility and must collaborate on major decisions affecting the child.

• Final Authority: When parents share joint legal decision making, the status quo remains in place unless both parents agree. For example, it takes both parents to switch schools, put a child on medications, or to sign for a driver's license. Sometimes, the courts determine that one parent needs to have the authority to make the final decision. In this situation, the court can award joint legal decision making with one parent having the ability to make the final decision only after a good-faith attempt to reach an agreement.

The court determines legal decision making based on the child's best interests, considering factors such as the parents' ability to cooperate, the child's relationship with each parent, and the parents' past decision making behavior.

Parenting Time

Parenting time refers to the schedule that dictates when each parent spends time with their child. it used to be called "physical custody" prior to the changes mentioned above in 2013. During their designated parenting time, each parent is responsible for providing the child with food, clothing, shelter, and making routine decisions about the child's care. Parenting time can vary widely, from equal time sharing to more limited schedules.

The court aims to establish a parenting time arrangement that supports the child's emotional and physical well-being. Factors considered include the child's age, the parents' work schedules, and the child's needs and preferences. The orders for parenting time will include a regular schedule as well as a schedule for holidays, school breaks, vacations, phone access, etc.

Key Differences

• Decision Making vs. Time: Legal decision making focuses on who has the authority to make major decisions about the child's life, while parenting time focuses on the physical time each parent spends with the child.

• Sole vs. Joint: Legal decision making can be sole or joint, whereas parenting time is typically divided based on a schedule that suits the child's best interests.

• Routine vs. Major Decisions: During parenting time, parents make routine decisions about the child's daily care, while legal decision making involves major decisions about the child's overall welfare 3.

Conclusion

Understanding the distinctions between legal decision making and parenting time is crucial for parents navigating divorce or separation. By focusing on the child's best interests and maintaining open communication, parents can work towards arrangements that support their child's well-being.

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For more information or assistance with family law matters, contact Larson Law Office at 480-459-6080 or www.LarsonLawAZ.com.