Divorce can be difficult and frustrating, especially when children are involved. During these difficult processes, the child’s best interest is of utmost importance. A court often settles these matters, especially where children are involved, and may serve to determine matters such as custody, visitation, child support, and more. Deciding what the child’s best interest is can be complicated, and getting legal advice can help ease the process. You can contact one of our expert lawyers at Sullivan Shick PLC at (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.
What Factors Determine the Child’s Best Interest?
According to Arizona Revised Statute 25-403, the court determines what the child’s best interest is, as well as how much parenting time a child has as well as makes the legal decisions regarding the child. However, understanding the child’s best interest standard can be difficult.
There are a number of factors courts consider when determining the best interest standard:
- The relationship between the parent and child
- The child’s other relationships with parents, siblings, or other significant figures in their life
- The child’s home, school, and community environments
- The child’s own wishes, given that the child is of age and possesses the ability to make the decision
- The mental and physical health of both the child and the parent
- The parents’ preferences and whether one will be more open to visitation or joint custody than the other
- The parent’s behavior and history
- Domestic or child abuse
- Coercion of or by either parent
What is Custody?
Arizona courts begin by assuming 50/50 custody, which is composed of parenting time and legal decision-making, but based on the factors above, as well as other circumstances, the court may decide to alter parenting time or legal decision-making based on the child’s best interest. The state of Arizona outlines the conditions for assigning parenting time or legal decision-making in Arizona Revised Statute 25-403-1.
What is Parenting Time?
Parenting time refers to the time each parent spends with the child and is usually determined by a set schedule of when each parent has access to or custody of the child. During this time, the parent is responsible for providing for the child’s needs. Parenting time is incredibly important as it can be a major factor in determining child support.
What is Legal Decision-Making?
Legal decision-making refers to the ability of each parent to make decisions on behalf of or for the child, including education, healthcare, religious practices, etc. The two types of legal decision-making are sole decision-making and joint decision-making. As the names imply, with sole decision-making, only a single parent has the right to make these decisions, while with joint decision-making,
What Determines Parenting Time and Legal Decision-Making?
When determining parenting time and legal decision-making, the court takes into account the same factors as in Arizona Revised Statute 25-403 in order to determine the child’s best interest. The court also takes into account additional factors such as…
- The child’s age and maturity
- The physical distance between the parents’ homes
- The child’s emotional closeness to each parent
- The parents’ and child’s schedules as well as the flexibility of each
- The child’s needs regarding education, healthcare, etc.
- The parents’ individual abilities to provide for and care for the child
- The mutual agreement of both parents
- The influence of coercion on either side of the agreement
How Does a Parenting Plan Work?
A parenting plan is the agreed-upon schedule and decision-making process for divorced parents who maintain joint custody of the child. A judge may sign off on the agreement and will ensure such an agreement complies with any previously determined limitations of the parents as well as the factors in Arizona Revised Statute 25-403.
Arizona’s Guide For Parents Living Apart serves as an example agreement for parents going through this process and can be a helpful guide, but it is not a substitute for legal advice. Creating a parenting plan and a custody agreement can be essential to maintain the child’s stability. Working through such an agreement with the help of an expert lawyer can make the process much easier and can help parents formulate a legally binding agreement. You can contact one of our expert lawyers at Sullivan Shick PLC at any point to assist you in this process.
What are the Consequences of Breaking a Parenting Plan?
Because a parenting plan is a legal agreement, breaking it can have severe consequences. Violations of a parenting plan can include arriving late to pick up or drop off the child, missing these custody exchanges altogether, refusing to return the child, etc. These actions can display a lack of interest in caring for the child or in following the parenting plan. This can result in these actions being used against the violator at a custody modification hearing. Ultimately, this can result in severe changes to the custody agreement that rescind parenting time and legal decision-making from the violator. In some extreme cases, violations can result in kidnapping charges.
Can a Parenting Plan be Modified?
A parenting plan can be modified a year after the initial parenting plan, but it may be modified earlier if the court determines that modifications are necessary. These typically occur when there is a danger to the child’s mental, physical, or emotional health, and a parent may petition the court on the basis of domestic violence at any point.
Contact Us Today to Learn More About Your Legal Rights!
Divorce can be a messy, painful process, and trying to navigate custody and parenting plans can make that all the more difficult. These agreements are important and can have profound effects on a child’s well-being long term. If you or a loved one is going through a divorce where a child or children are involved, you can contact one of our expert lawyers today! We would be happy to talk with you and help you learn more about your rights. You can contact us today at Sullivan Shick PLC at (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.