The Difference Between Legal and Physical Custody in Arizona

Child custody attorneys in Phoenix, and throughout the State of Arizona, often have to explain the difference between legal and physical custody in this State. Legal custody is now referred to as legal decision making. Physical custody in Arizona is commonly referred to as the child’s primary residence or where the child exercises parenting time.

As a child custody attorney in Phoenix, the attorneys at Lasiter & Jackson, PLLC try to make it simple in explaining the distinction. Legal decision making (also known as legal custody) is the power to make decisions on major medical, education and religious issues. If the parties have joint legal decision making, they have equal say in these matters. If the parents cannot agree, a judge will likely either order that one parent has the final decision making authority as to one or more issues. A judge will often order the parties to attend mediation prior to deciding same. In some rare cases, the judge will decide the issue. If one party has sole legal decision making, the parties must still attempt to make decisions together (except in rare cases of domestic violence, incarceration, etc.). However, in the event the parties disagree, the party with sole legal decision making prevails. This only applies to education, medical and religious decisions – not what extracurricular activities a child participates in or what a child eats on a daily basis. Child custody attorneys usually have to explain that this is not a carte blanche right to control a child’s upbringing. Usually, if the child does not have special education and/or medical needs, legal decision making does not even come into play in day to day parenting.

Physical custody means the actual living and visiting arrangements the parents have. This can take any shape or form. Usually, a good child custody attorney in Phoenix, and Arizona as a whole, will encourage the parties to work together to craft a schedule that can be agreed upon based on the parties’ and children’s schedules, distance between houses and other logistics. If a judge is forced to decide a plan, usually, it will fail to take into certain accounts and factors that are only privy to the parties. A judge just simply does not have time to understand the ins and outs and micromanage the lives of litigants. Judge’s commonly acknowledge this and advise parties that the best parenting time schedule – one in the best interests of the children – is one that both parties commit to making work.

A good child custody attorney can help advise you of the likelihood of success when determining your positions on issues of legal decision making and parenting time based on the facts of your case and prevailing Arizona law. These matters must not be taken lightly. The attorneys at Lasiter & Jackson, PLLC aggressively advocate custody matters for their clients and counsel clients when considering their clients’ position on what they believe is in their children’s best interests.

Tags: child custody, Family law