Legal Decision-Making Versus Parenting Time in Arizona
When child custody issues are resolved during an Arizona divorce, two key questions must be answered: how legal decisions will be made for the child and how parents will share time actually spent with the child. Because custody decisions depend on many factors that are unique to each family, the best way to understand your custody options is to speak to an experienced Phoenix child custody attorney.
“Legal decision-making” is the right to make decisions about major aspects of the child’s life.
These include where the child will go to school, what kinds of medical care the child will receive, and the child’s religious instruction.
When an Arizona child’s parents divorce, one parent may have all the legal decision-making power for the child. This is called “sole legal decision-making.” Oftentimes, both parents may share legal decision-making powers. This is called “joint legal decision-making.” Whether sole or joint legal decision-making is best for you and your children will depend on your individual circumstances.
In addition to determine who will have legal decision-making power, your divorce will also address how each parent spends time with the child. The division of time actually spent with the child, including decisions about where the child lives and when, is known as “parenting time.” Like legal decision-making, parenting time may be split between the parents, or it may be granted to one parent. Generally speaking, Arizona courts will try to ensure both parents can spend some time with the child whenever it is in the best interests of the child to do so. If you need help with child custody matters in Arizona, our Phoenix area family lawyers are here to help.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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