What does the court consider when determining legal decision making and parenting time?

While this is not a complete list, here are some of the things the court considers when determining legal decision making and parenting time:

• The children’s ages and maturity levels
• The children’s attachment to each parent
• Any special needs (of children and/or parents)
• The children’s relationships with siblings, friends, and extended family
• Distance between the parents’ homes
• The flexibility of parents’ and children’s schedules
• Where and how exchanges will take place, as well as transportation
• How well parents communicate and co-parent
• The children’s and parents’ cultural and religious practices
• The parents’ ability to care for the children and uphold the parenting arrangement
• Domestic violence, substance abuse, or mental health issues

Keep in mind that limited parenting time is seen as a last resort and should only be pursued when one parent has seriously harmed or abused the children, is considered to be a threat to the safety of the children, or a court order is already in place stating that there is to be no contact between the parent and children.

Third party rights

Sometimes, people who are not a child’s biological parent have relationships with the child that the court should protect by ordering the parents to allow this person to be in the child’s life. These “Third-Party Rights” can be for a grandparent, former stepparent, relative, or anyone else who the court determines maintaining the relationship would be in the child’s best interest.

Child Support

Both parents have a responsibility to support their children. In Arizona, the courts use a child support calculator to determine how much money each parent can and should contribute to the care of their children. The amount of support is based on each parent’s income, the time the children spends with each parent, the age of the children, and the children’s expenses, such as health insurance and childcare.

Other Considerations in Child Custody

In addition to the standard areas of discussion when it comes to divorce and children, there are some other legal components that may affect your case.

Grandparents’ Rights

In the state of Arizona, grandparents cannot sue for visitation when the parents are together and married. The only time they have a court case is when one of the following conditions is met:

• The parents have been divorced three months or more
• One parent is deceased
• The child is born out of wedlock and the parents did not later marry

When grandparents sue for time with their grandchildren, the court takes into account the best interests of the children, including the relationship between the parties, the motivation behind the suit, the amount of time requested, and the benefits of maintaining that relationship.

In Loco Parentis

The Latin phrase In Loco Parentis means “in the place of a parent.” In some cases, when parents are not the best option to care for their children, another party may step in. That could be grandparents and other extended family members as well as family friends. This may be a short-term or permanent arrangement depending on what is in the best interests of the children.