Joint legal decision-making, often referred to as joint custody, is a legal arrangement in Arizona by which both parents have equal rights and responsibilities when it comes to making important decisions about their child's upbringing, such as concern education, healthcare, religion and social activities. The courts generally favor giving parents joint authority based on the principle that a child benefits from both parents taking an active part in their lives, even if the parents no longer live together.

To make it work, joint legal decision-making requires effective communication and cooperation between parents. Both are expected to work together to make decisions in the best interests of the child. In practice, this means the parents must share information about their child's needs and progress. They must also participate in research and consultation as may be required for thoughtful planning.

However, disagreements between parents over particular decisions can lead to complications. If the parents are unable to agree on a specific issue, they may attempt mediation or seek the assistance of a professional to help them reach a resolution. If these methods fail, the case may end up in court. In Arizona, if parents cannot reach an agreement, the court will not make a decision on the matter itself but will instead assign sole decision-making authority over that particular issue to one parent.

The court will determine which parent should have sole authority based on a variety of factors, all centered on the best interests of the child. Arizona law requires the court to consider the relationship each parent has with the child, the ability of each parent to cooperate with the other in decision-making and the history of the parents' involvement in the child’s life. The court also evaluates each parent's ability to provide for the child's emotional, physical, and developmental needs. In essence, the court's decision is driven by the need to protect the child's well-being and ensure they are raised in an environment that supports their growth and stability.

An experienced child custody attorney can play a vital role in presenting your case for being granted sole authority over a particular issue. Your attorney can gather evidence, such as documentation of each parent's involvement in the child's life, testimony from professionals (such as teachers or doctors), and other relevant information to demonstrate that you are better suited to make decisions on the subject. A skilled lawyer can also help negotiate disputes before they escalate to litigation, helping parents reach an agreement that serves both their interests and, most importantly, the child's.

The law firm of Clark & Schloss Family Law, P.C. in Scottsdale offers experienced counsel in Arizona family law matters, including joint legal decision-making. Contact us online or call us at 602-789-3497 for a consultation.