Family Lawyer serving Tucson since 1991
Decision-Making Authority and Parenting Time
Legal Decision-Making Authority (formerly Legal Custody)
The legal right and responsibility to make all legal decisions for the child including those regarding education, health care, religious training and personal care decisions.
Joint Legal Decision-Making Authority
Both parents share decision-making and neither parent’s rights or responsibilities are superior to the other’s. There is a presumption in favor of joint decision-making.
Sole Decision-Making Authority
One parent has the right to make all of the legal decisions for a child without consulting the other parent.
Joint Decision-Making Authority with Final Say
One parent's ability to make legal decision is made superior in some circumstances, but the parents retain joint legal decision-making authority.
Parenting Time
The schedule of time during which each parent has access to the child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing, and shelter and may make routine decisions concerning the child’s care. Parenting time typically includes include a residential schedule, a holiday schedule, and a vacation schedule.
Presumption of Equal Parenting Time
In October of 2019, the Arizona Court of Appeals concluded that as a general rule, equal or near-equal parenting time is presumed to be in a child's best interests. Equal parenting time, however, may not always be possible, particularly when the parties live in different states or are separated by a considerable distance.