Nobody plans to make a parenting plan, but it can become necessary to clarify a child’s schedule and their parents’ responsibilities. Physical child custody can also have an impact on child support obligations. If you’re entering into a child custody matter, it’s important to understand how both types of custody work so you know what you request and agree to- or what the judge dictates in court orders. It’s also crucial that your arguments regarding child custody are clear, compelling, and in compliance with Arizona law. Family law litigants are not entitled to court-appointed legal representation, and must retain their own counsel if they want it for their case. Start your search for a high-quality Phoenix child custody lawyer with a firm that has competitive rates and free initial consultations by phone. Schedule your free time to speak with an experienced Phoenix divorce lawyer today by calling 602-509-0955.
Arizona Types of Child Custody
Parenting time and legal decision-making are two different facets of child custody in Arizona. Parenting time is also known as physical custody, referring to the child’s schedule of spending time with each parent. Legal decision-making is legal custody, or a parent’s right to make decisions for their child regarding their education, medical treatments, religion, and more. Custody is also categorized by how much weight each parent has. When parents split both types of custody, it is generally known as “joint custody.” If one parent is the primary physical custodian and the other parent only has visitation, or if only one parent has legal decision-making rights, this is often referred to as “sole custody.” A parent doesn’t automatically have legal custody when the child is in their physical custody. Their parenting plan will contain terms for what to do in these situations- the parent may need to contact the other parent before making any unilateral important decisions, even in an emergency.
Legal Decision-Making
If your influence over your child is just as important as time spent with them, you don’t want to slack during legal decision-making negotiations. Even if you avoid letting your ex have sole legal decision-making, they may want to fight for final decision-making authority. In high-conflict scenarios, the parents might oppose one another at the cost of the child. If you want to remain on an equal footing with your child’s other parent, you will want to be sure to obtain joint legal decision-making orders. When the parents can’t come to an agreement on an issue, they may need to bring it before a mediator or other third-party dispute resolution expert. They can also come up with their own process for dealing with impasses, to be outlined in their parenting plan.
There are four major areas of life that legal decision-making rights control: healthcare, education, religion, and personal care. In other words, every area of the child’s life. Some of the potential decisions that fall under these four categories include:
- Healthcare: Choosing doctors, surgeons, therapists, and other healthcare providers; vaccinations; non-emergency procedures
- Education: Selection of public or private school; control over IEPs/504 plans; enrollment in special academic programs
- Religion: Choice of church or formal religious training; church attendance; rites of passage (baptism, confirmation, etc.)
- Personal care: Sports, musical education, and other extracurricular activities; travel permissions (outside of a 100-mile radius, outside of the state, outside of the country); major lifestyle choices; piercings and tattoos
Parenting Time
Parenting time is the second half of the child custody puzzle in Arizona. There is a presumption that 50/50 physical custody is what is best for the child in our state, but that presumption can be rebutted by evidence. But how do parents make a child’s schedule if they do land upon 50/50 physical custody? One of the most common custody divisions is the 5-2-2-5 schedule. Here, the first parent gets 5 days with the child, then the second parent gets 2 days with the child. The next week, the first parent gets 2 days with the child and the second parent gets 5 days with the child. So it might look like this:
- Week 1: Sunday – Thursday with Parent A, Friday – Saturday with Parent B
- Week 2: Sunday – Monday with Parent A, Tuesday – Saturday with Parent B
Another common method of dividing physical custody is the week on, week off formula. This strategy can be more straightforward to keep track of for both the parents and the child. The parents can also be sure to schedule phone and video calls to maintain their relationship with their child during their weeks off of parenting time. A week on, week off plan looks like this:
- Week 1: Parent A
- Week 2: Parent B
A 50/50 physical custody plan isn’t right in every situation. Sometimes, one parent may be designated as the primary physical custodian, such as if one parent is deployed or travels frequently for work. Here, the parent who is gone more often may get two weekends per month or less frequently, or receive more parenting time during summer vacation. If the parent loses physical custody due to actions that could be against the child’s best interest, the court may find it necessary to require supervision during that parent’s parenting time. You can find more information about Arizona’s best interest factors for child custody matters in A.R.S. § 25-403.
How Physical Custody Impacts Child Support Obligations
Time with your child is probably your main priority in a custody matter, but it can also have a bearing on ongoing child support matters. This means that your child’s other parent could have an ulterior motive if they fight especially hard for custody. The two main factors that are used for child support calculations in Arizona are each of the parents’ financial situations and the child’s schedule with each parent. The judge can consider any relevant factors when issuing child support obligations, like whether the child has special needs or who pays for the child’s health insurance. But generally, when a parent has more parenting time or physical custody of a child, they pay less child support. In the reverse, parents with minimal physical custody often end up being the parent to pay child support instead of receive it. So if your ex suddenly cares more about time with your children than they ever did while you lived as a unit, this could be a possible explanation.
Years of Experience Simplifying Family Law Matters for Phoenix Residents
Learning the difference between legal decision-making and parenting time is just the start of a child custody case. These cases often continue until the youngest child turns 18 years old. This means racking up legal costs while missing out on precious time with your children. When you enter a family law matter, it’s important to retain an attorney who is familiar with several methods of resolving issues rather than aggressively going straight to trial. These are the kinds of decisions that will stay with your children well into their adulthood. When you want your family law matter handled right, it needs to be by a skilled and seasoned legal professional. Schedule your free phone consultation with a Phoenix divorce lawyer today by calling 602-509-0955.
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