Child Custody: Legal Decision Making in Arizona
Protecting Your Parental Rights and Your Child’s Wellbeing
When you’re going through a divorce or legal separation, making decisions about your children is often the hardest part. At Hernandez Family Law, we understand how emotionally charged and complex child custody issues can be. Our job is to guide you through Arizona’s legal decision-making process with clarity, compassion, and an unwavering commitment to your child’s best interests.
What Is Legal Decision-Making in Arizona?
In Arizona, what many people refer to as “child custody” is legally known as **legal decision-making authority. This refers to the right to make major decisions about your child’s life, including:
- Education
- Healthcare
- Religious upbringing
- Personal care and welfare
The court may award sole legal decision-making to one parent or joint legal decision-making to both. The goal is to determine what arrangement best supports the child’s physical, emotional, and psychological well-being.


Types of Custody Arrangements
Arizona recognizes two main types of legal decision-making:
Joint Legal Decision-Making
This means both parents share the responsibility of making major decisions about the child. It doesn’t necessarily mean equal parenting time, but it does mean both parents must consult each other on important matters.
Sole Legal Decision-Making
This gives one parent the authority to make decisions without needing to consult the other. It is generally granted when joint decision-making would not be in the child’s best interest—such as in cases involving domestic violence, substance abuse, or high levels of conflict between the parents.
Parenting Time vs. Legal Decision-Making

It’s important to understand that legal decision-making is different from parenting time (formerly known as physical custody). Parenting time refers to the schedule that determines when the child will be with each parent. Arizona courts strive to create parenting time arrangements that allow both parents to maintain meaningful relationships with their children, unless doing so would put the child at risk.
How the Court Decides Custody
When parents cannot agree on a legal decision-making plan, the court will decide based on what it determines to be in the child’s best interests. Arizona law outlines several factors that judges must consider, including:
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The child’s relationship with each parent
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The child’s adjustment to home, school, and community
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The mental and physical health of all parties involved
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Each parent’s ability to encourage a positive relationship between the child and the other parent
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Any history of domestic violence or substance abuse
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The child’s wishes, if the child is of suitable age and maturity


Creating a Parenting Plan
Arizona law requires divorcing or separating parents to submit a parenting plan that outlines legal decision-making and parenting time. A comprehensive plan should include:
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How decisions will be made
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A detailed parenting time schedule
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A process for resolving disagreements
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Provisions for holidays, vacations, and travel
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Communication methods between parents
At Hernandez Family Law, we help you craft a thoughtful and enforceable parenting plan tailored to your family’s unique needs.
What If Circumstances Change?
Life changes. Job relocations, remarriages, and changes in the child’s needs may require adjustments to your custody arrangement. In Arizona, either parent can request a modification of legal decision-making or parenting time if a significant and ongoing change has occurred. We’ll help you evaluate your options and present a compelling case if a modification is necessary.

Let’s Work Together to Protect What Matters Most

We believe that every parent deserves to have a meaningful role in their child’s life—and every child deserves a stable, loving environment. Whether you’re negotiating a parenting plan, facing a custody dispute, or seeking a modification, the team at Hernandez Family Law is here to help you make empowered decisions for your family.
Ready to Talk?
Contact us today to schedule a confidential consultation. Together, we’ll work toward a solution that prioritizes your child’s best interests and gives you peace of mind.
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