In an Arizona child custody case, “legal custody” is now simply referred to as “legal decision making” which is what parent has the right to make major life decisions for a child, such as decisions about medical treatment, religious upbringing, and education. Courts in Maricopa County and other Arizona counties generally favor joint custody arrangements, which means both parents share in these decision-making rights and responsibilities. This does not mean that you must reach agreement with your child’s other parent on every single decision, but you should attempt to reach a consensus regarding major decisions. Bear in mind that good communication makes co-parenting much easier, not just on you, but on your child. Communicating in advance also reduces the likelihood that you and your child’s other parent will end up in court arguing about the decision.
“Physical custody” is now more commonly known as “parenting time” and refers to the time each parent spends with the child. Like custody, equal parenting time may be agreed to by parents or ordered by Arizona courts in divorce or custody matters. With equal parenting time, your child spends an approximately equal amount of time at your home and the home of the other parent. This allows regular, frequent, and ongoing contact with both parents, which Arizona courts encourage. Parenting time is not always ordered to be equal between parents. Oftentimes, children will reside primarily in one parent’s home and have a visitation schedule with the other parent that is consistent.
Under some circumstances, a parent will be ordered to have only “supervised” contact with their child or children. This means that the parent must have another person present during the time they spend with their child or children due to possible issues of physical or verbal abuse.
When circumstances change, either parent can seek modification of the parenting orders and the Court will consider whether those circumstances warrant a change in the current orders.