A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.
B. In determining the level of decision-making that is in the child’s best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:
- The agreement or lack of an agreement by the parents regarding joint legal decision-making.
- Whether a parent’s lack of an agreement is unreasonable or is influenced by an issue not related to the child’s best interests.
- The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making.
- Whether the joint legal decision-making arrangement is logistically possible.
C. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.
D. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child’s physical, mental, moral or emotional health.
For more information on Family Law in Arizona click to review the following Articles and Resources:
Resource: Arizona State Legislature