We frequently receive questions from people that start with, “If I have Sole Legal Decision-MakingIf the court orders sole legal decision-making, the parent with the sole legal decision-making authority makes all decisions related to the child’s health, education, religious upbringing, or personal care.Read more about Sole Legal Decision-Making, can I …”
- change the other parent’s Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time
- prevent the other parent taking the child on a vacation
- override the holiday parenting schedule
- determine who claims the child on taxes
- prevent the other parent’s new partner from being around the child
To AnswerAn Answer is also known as a Response to a Petition; it sets forth the Respondent’s issues on a Petition.Read more about Answer these questions, you need to know, what is Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making?
What is most often needed in these situations is a clarification of what legal decision-making means.
It’s the right to make decisions regarding your child when it comes to healthcare, education, religious, and Personal Care DecisionsA category of legal decision-making that has not yet been defined in the law. Generally, though, it is thought to include bigger decisions that impact a child’s life, such as whether they get an ear pierced or get a tattoo. It may include whether a child gets a smartphone or a…Read more about Personal Care Decisions. That means you can pick your child’s school, your child’s doctor, your child’s dentist, approve medical procedures, decide whether to enroll your child in counseling, decide if you want your child to be raised in a certain faith.
What is not Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making?
Legal decision-making does not include the right to control the other parent regarding parenting time or Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support issues. Many of the questions we listed above deal with Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time issues, such as changing the regular or holiday schedule or determining who can be around the child in the other parent’s home
Other items, such as being able to claim the child on taxes, falls under the category of child support.
Absent an agreement between the parents, issues that fall under parenting time or Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support are determined by the Court. In some instances, such as with tax exemptions and out-of-state travel, the Court has usually made orders that must be followed.
Overplaying your hand
When you have sole legal decision-making, you want to be cautious that you don’t throw your weight around. Because if you are using your Sole Legal Decision-MakingIf the court orders sole legal decision-making, the parent with the sole legal decision-making authority makes all decisions related to the child’s health, education, religious upbringing, or personal care.Read more about Sole Legal Decision-Making to cross into parenting time and child support issues, you risk that being used against you in a possible ModificationAn action made to change a current court order. Modifications commonly involve parenting time, legal decision-making, child support, or spousal maintenance.Read more about Modification.
How do I address my concerns then?
The best way to resolve any parenting issues is for the parents to talk it out. That can be difficult at times. It’s important leave emotion at the door and focus on what’s best for your child. Even then, we realize an agreement is just impossible in some Co-parentingThe joint effort of separated parents to raise their child(ren) cooperatively. Ideally, parents who do not live together will work together and communicate with each other regarding what is best for their child(ren). Statistically speaking, the children of parents who do so are…Read more about Co-parenting relationships. Most commonly, that is what led to you having sole legal decision-making in the first place.
The other option is to go to Court to clarify or change certain orders in the Parenting PlanThis is the Court order that contains the legal decision-making and parenting time orders. It sets forth the parenting time schedule and includes the other custody orders.Read more about Parenting Plan. But that potentially could trigger another custody battle, so you may want to speak with an attorney before you take that step to make sure it’s the right choice for you.
