In some cases, the courts will grant one parent the only legal decision (custody of fka) because one parent may not communicate with the other or the other parent may have a history of abuse. In these cases, the court may decide that it is in the best interests of the child for only one parent to make decisions about the child`s upbringing in order to avoid conflict or potentially dangerous situations. The Arizona law begins with the assumption that it is in the best interests of the child or children to have substantial and meaningful contact with both parents, unless there are compelling reasons to prove otherwise. This means that if you believe your child shouldn`t spend time with the other parent, the onus is on you to prove why it`s better. However, there are circumstances in which the court involuntarily waives all of a parent`s rights with respect to his or her children. These situations are usually quite serious and the court will not make this decision without careful consideration. Involuntary deprivation of parental rights is based on a court decision that one of the parents is incapable or that it is in the best interests of the child to terminate parental rights. Some of the most common reasons are: single legal decision-making (fka custody) gives a parent all physical and legal rights over a child. If one parent is solely responsible for legal decision-making (custody of fka) for physical and legal purposes, that parent is permanently the child`s “custodian” parent and can also make all discretionary decisions for a child regarding his or her upbringing without having to consult the other parent. Even in cases where a court grants one parent the only legal decision (fka custody), the child`s other parent could have parental leave in respect of the child or no parental leave could be ordered. Although no parental leave can be ordered, it is not the same as terminating the parental rights of the other parent. In these cases, the parent is granted parental leave with his child without making a legal decision (fka custody) in order to maintain an emotional bond and a bond between the parent and the child.
In addition, without making a physical or legal decision (fka custody), the parent is still legally obliged to pay child benefits and provide for the child financially. When filing a decision on legal decision-making, the court refers to the A.R.S. 25-403.01, below: Important decisions on this issue may be whether a child undergoes surgery, which school the child attends, or whether a child is baptized or has a bar mitzvah. Joint legal decision-making power is most often granted during a divorce in Arizona. Unless there is a compelling reason why “joint” legal decision-making power is not in the best interests of children – there is a history of domestic violence, child abuse, substance abuse, or other compelling reasons, Arizona courts are likely to grant “joint judicial decision-making powers.” Not surprisingly, parents disagree with joint legal decision-making powers. If one parent is entrusted with the only physical legal decision (fka custody), one of the parents is considered the child`s primary caregiver, and all overnight stays are spent at that parent`s home. Parents may still be able to share joint legal decision-making (fka custody) if one parent has the only physical legal decision-making (fka custody). This would mean that both parents would have decision-making authority over a child`s upbringing, but one parent would be the primary caregiver, while the other parent would have access rights under a legally binding parenting plan or agreement.
It is important to note that physical legal decision-making alone (fka custody) does not terminate the other parent`s legal rights and only grants one parent primary physical legal decision-making (fka custody). When granting legal decision-making powers, Arizona courts order joint or single legal decision-making. One of the things that creates a presumption in favour of exclusive legal decision-making is what the courts call “fitness” issues. A fitness problem is essentially something that indicates that a parent is incapable of making decisions.