No, you don’t. You and your spouse can settle. As a taxpayer, I want you to settle. Settling is in your best interest. I like the analogy of the judge’s options being as vast as the biggest buffet you’ve ever seen – think Vegas style. The judge can do almost anything.

However, if you settle, you and your soon to be ex can choose options that are along the spectrum of what you two know is in the best interest of the kiddos. It is almost always better to settle.

…Unless one party has been abused so much it is easy for the other party to take advantage of their mental state, then perhaps it would be better to let a judge to decide.

Having said that, some people do not want to settle. They want their proverbial “day in court;” these people are rarely willing to settle. In that case, you want a litigator at your side. At The Harding Firm, we like settling, but we also like going to court. Either way, we will pursue what you believe is in the best interest of your children and your financial future.

Make sure you have an advocate on your side.

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After a split, potential clients almost always want “sole custody.” In Arizona, “custody ” refers to what we know as “legal decision-making.” Legal decision-making is the ability to make MAJOR decisions for the children.

Let’s define “major.” Major decisions – school district, whether a child gets a passport, if a child gets braces at 8 years-old or do they wait until they are 13 years-old.  Unless we are talking about a special needs child, major decisions are pretty limited. Perhaps that is why the “best interest factors” focus heavily on the parties working together. The parties typically are awarded joint legal decision making (they must work together), unless a party has some serious concerns.

In the event that the other party has final decision-making authority, or sole legal decision-making, it is not the end of the world. Legal decision-making does not allow one party to tell the other party when they can see the child (this is called, “parenting time”). Regardless of legal decision-making, both parties should see the children as often as is reasonably prudent.

Got Questions? We have answers.

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