Blog Post

ARIZONA: "CHILD CUSTODY" NOW "LEGAL DECISION-MAKING"

Bruce Brown • Jan 24, 2013

Effective January 1, 2013, new laws enacted by our Arizona legislature eliminated the legal concept of "custody" from divorce and paternity proceedings. Instead, the term "legal decision-making" has taken its place.

Historically, the term "custody" oftentimes would set off a power struggle between the parents, leading to a fight over rights and entitlements. Now, the phrase "legal decision-making" will hopefully focus parents on rights and responsibilities. Also, "custody" was often confused with the amount of time that you spent with a child (which is more correctly referred to as "access" or "parenting time").

Legal decision-making is defined as the "...legal right and responsibility to make all non-emergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions." Consequently, joint legal decision-making is now defined as "...both parents share in the decision-making and neither party's rights or responsibilities are superior except to specified decisions as set forth by the court or the parents in the final judgment or order."

Will this change in terminology trigger a change in how courts view the parental roles or responsibilities in raising the children? Some believe that this change will not result in any significant change in how custody battles play out in our courts; while others believe that this is a watershed moment from which all future decisions will derived equality for both fathers and mothers. Time will tell.

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