Part two
By Jessica M. Cotter, Esq.
By Jessica M. Cotter, Esq.
Once the court determines paternity the next two items that
the court must determine are who makes the legal decision’s (Custody) for the
minor child and how much parenting time does each parent exercise.
Legal decision making authority means the legal right and
responsibility to make all non emergency legal decisions for a child including
those regarding education, health care, religious training and personal care.
For the purposes of interpreting or applying any international treaty, federal
law, a uniform code or the statutes of other jurisdictions of the United
States, legal decision-making authority means legal custody.
There are two types of Legal decision making authority and
they are:
·
Sole legal decision making authority which means
one parent has the legal right and responsibility to make major decisions for a
child or children
· Joint legal decision making authority which means both parents share decision-making authority
and neither parent’s rights nor responsibilities are superior except with
respect to specified decisions as set forth by the court or agreement of the
parents in the final judgment or order.
The statutory authority court uses to determine what type of
legal decision making and parenting time is in the best interest of the
children is codified in the Arizona Revised Statutes at 25-403, 25-403.01 and
25-403.2. The judge will look at the
following factors:
· Whether
or not the parents can agree on joint legal decision making authority
· If there
is no agreement, why. Is the failure to
agree reasonable or is it influenced by another issue that does
not involve the best interest of the child(ren).
·
The
past present and future ability of the parents to cooperate in making decisions regarding the child(ren)
·
Is the
contemplated order logistically possible?
·
What
do the parents want?
·
What
are the wishes of the child(ren)?
·
The
child's relationship with other family members or other people that may
impact the child's best interest.
·
The child's adjustment
to home, community and school.
·
The
health of parties, this includes mental health.
·
Who
will allow frequent and meaningful contact with the other
parent?
·
Who
has been the primary caregiver?
·
Has
there been any coercion of duress in obtaining an
agreement.
·
Have
the parties taken the parenting class.
·
Has
there been domestic violence or child abuse as defined in A.R.S.
25-403.03
·
Whether
one parent has intentionally mislead the court to cause a delay or increase the
cost of litigation.
When the court rules on legal decision making
authority, the judge must make specific findings based on the
above factors to justify their ruling.
As you have already read there are several unique issues
when there is a child born out of wedlock. Please see the blog posted on July 8, 2013 and
also a future post regarding child support.
Please set up a consultation with our office if you would
like to discuss your case or an consult with an experienced family law attorney
in your area.
The Law firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Ave. Suite F-168
Glendale, Arizona 85308
602-843-3004
Jessicacotterlaw.com
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