The Best Interests Of Your Child Is Paramount
Mothers & Fathers Have Equal Rights
Whether you were married or not married to the other parent, separation changes everything about your family, including the time you spend with your children. The goal is to make the transition as easy as possible for your children in order to keep life as close to “normal” as possible. All decisions are made “in the best interests of the child” as determined by Arizona state law. Mothers and Fathers Each Have Equal Rights as to Custody, Legal Decision making authority, and parenting decisions.
Child Custody, Legal Decision-Making Authority And Parenting Time Issues
Upon the filing of a divorce which involves minor children, the court orders each parent to take a parent education class and to attend mediation. Mediation is a free service conducted by experienced mediators at the Conciliation Court. The Conciliation Court is a division of the Pima County Superior Court. Mediation provides you and the other parent the opportunity to settle custody, legal decision-making authority, and parenting time issues. It is always better for each parent, and ultimately the children, to reach a negotiated custody and parenting time agreement.
If you and the other parent are unable to reach a settlement during mediation, custody and parenting times will necessarily be litigated. The court will determine custody and parenting time for you and your children.
Legal Decision-Making Versus Parenting Time
Legal decision-making defines the authority to make major, non-emergency decisions for your children about issues including medical, education, and religious upbringing.
- Joint Legal Decision-Making Authority (formerly “joint custody”) is defined as both parents must consult with each other and share legal decision-making authority about non-emergency decisions for their children. An order for joint legal decision-making authority does not necessarily mean the parents will share equal parenting time.
- Sole Legal Decision-Making Authority (formerly “sole custody”) is defined as one parent alone – without consulting with the other parent – has the authority to make decisions for the children.
- Parenting time is defined as the amount of time the children spend with each parent. A parenting time plan will include a schedule when the children are with each parent on a day-to-day basis and will also include a schedule for holidays, vacation time, and school breaks.
- Relocation of Child representing parents seeking court approval to relocate outside of Arizona because of job or other reasons.
- If the nonmoving parent does not agree to the relocation of the child, the matter will necessarily have to be litigated and the court will determine if relocation is in the best interests of the children.
To learn more about child custody and parenting time issues, call Law Office of Merle L. Stolar, P.L.L.C., at (520) 246-5600, or Toll Free: (844) 200-8444 or contact me online.
Children With Special Needs
I have worked with many child custody situations including those involving children with special needs, and families experiencing domestic violence or substance abuse.
I hold a Master of Education degree (Special Education) and was formerly a first-grade teacher and later a special education teacher in Cincinnati, Ohio. I have a great deal of experience in understanding the delicacy of cases involving children who have special needs and determining what the best interests of a child may be while accommodating the wishes and schedules of the parents.
I will always be attentive to your needs and offers professional service with personal attention to your unique situation.
