Joint Legal Decision Making: Can the Court Break a Tie?

Joint Legal Decision-Making child custody means that neither parent's position on medical, education and religious decisions trumps the other parent. So, in the event of a disagreement (public v. private school), which parent wins?

Previously, Arizona Courts would entertain, and often decide, the issue in the event the parents could not agree. mediation So, if one parent wanted the child to take prescribed medication and the other parent wanted to use only natural remedies, the Court would hear the issue and issue a decision. Such law and practice are no more.

Recently, Arizona Courts have made it clear that the court's statutorily prescribed role is not to make decisions in place of parents, but to decide which fit parent or parents shall make such decisions. Therefore, if the parties are awarded joint legal decision making and cannot agree on a major issue, the Court will award sole legal decision making to one parent over the other as to the disagreed upon issue(s). complex custody The Court will decide based on what it deems to be in the best interest of the child in assigning legal decision-making authority.

If you have decision-making issues with the other parent, contact the attorneys at LASITER & JACKSON, PLLC, for advice about your options as well as the likelihood of success in your case.

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