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Basic Definitions: Legal Decision Making and Parenting Time.

Basic Definitions: Legal Decision Making and Parenting Time.

Arizona has specific definitions every parent must understand whether applying for the first court orders in your case or modification of existing orders. Some concepts and definitions have recently been changed. The following is a brief listing of the most important definitions YOU need to know.

Joint Legal Decision Making

“Joint Legal Decision Making” (formally known as Joint Legal Custody) means BOTH parents share decision-making and neither parent’s rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.

Legal Decision Making

“Legal Decision Making” means the legal right and responsibility to make all nonemergency legal decisions for the child including those regarding education, health care, religious training and personal care decisions.

Parenting Time

“Parenting Time” means the schedule of time during which each parent has access to a child at specified times. Each parent during their sceduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child’s care.

Sole Legal Decision Making

“Sole Legal Decision Making”(formerly known as Sole Legal Custody) means ONE parent has the legal right and responsibility to make major decisions for a child.

Visitation

“Visitation” means a schedule of time that occurs with a child by someone other than the legal parent. This term is most often used when referring to the access that grandparents, aunts, uncles and other close third parties have to the children in any given case.

Additional Resources

The definitions listed above are basic and the most important concepts a parent must understand in a proceeding that involves children. These definitions are found in the Arizona Revised Statutes (A.R.S.) Section 25-401. Another important statute to know and consider carefully in every court matter involving children is A.R.S. Section 25-103. This statutory provision reads as follows: (A) It is declared that the public policy of the state and the general purposes of this title (concerning Marital and Domestic Relations) are: (1) To promote strong families: (2) To promote strong family values. (B) It is also the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in the child’s best interest: (1) To have substantial, frequent, meaningful and continuing parenting time with both parents. (2) To have both parents participate in decision-making about the child. It is critical in a family law case that a parent understand the connection between the concepts and definitions listed above and stated policies of this state contained in 25-103. An experienced attorney will be able to guide a parent in deciding what is the best approach in your unique and specific family circumstance. Contact an attorney to either represent you in your case so that you can obtain the best result for you and you child or at least schedule an appointment to have your situation analyzed and assessed so that you are prepared to present your case in the most effective manner once you are in court.

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