The Judge as Parent | Divorce Lawyer in Phoenix

Judges hate to make parenting decisions. After all, the judge does not love your child or even know your child. The two parents claim to be the persons who love the child more than anyone in the world. So why in the world would they want someone who doesn't love their child to make decisions regarding the child? But that is often the case.

When we talk about child custody, we need to get our basic terminology correct. Joint legal custody means both parents have equal decision-making authority over matters like health care, religion, and education, as opposed to sole legal custody, when one parent makes the final decision. Joint physical custody concerns the division of parenting time ( visitation). Parents with joint legal custody are supposed to discuss parenting issues, respectfully consider each other's views, and make consensus decisions based upon the child's best interests. Of course, if they found that to be easy, they'd probably still be together.

Of course, parents can-and usually are--required to take various measures before resorting to judicial intervention. Mediation, consultations with experts, meetings with parenting coordinators, and even co-parenting therapy are examples. Sometimes these measures are effective. Sometimes they aren't. And sometimes, the matter is too urgent (school starts next week and the parents disagree).

That's where the judge comes in.

The legal authority to decide parenting disputes comes from two statutes. A.R.S. 25-403.02 requires parents with joint custody to have parenting plan that sets out each parent's "rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care, and religious training."  But what if the parents can't agree on part (or all) of the parenting plan? In that case, the statute provides that the judge decides that part of the plan. It also gives the judge the authority "to determine other factors that are necessary to promote and protect the emotional and physical health of the child." Of course, many parenting plans are pretty vague. In fact, they often amount to nothing more than an agreement to agree.  For instance, the plan may say, "Both parents shall together make all decisions regarding the children's education." This becomes fertile ground for dispute down the road. Public school or private school? Basketball team or better grades?

Another important statute is A.R.S. 25-410. It says the custodial parent makes the decisions unless the judge finds that "the child's physical health would be endangered or the child's emotional development would be significantly impaired."

A Phoenix Child Custody Attorney can help you navigate the emotionally turbulent waters of making parenting decisions with your ex--and if necessary, take it to the judge for you.