Legal Decision Maker Meaning

The outcome of cases involving court decisions and parental leave issues depends largely on the specific facts of the case. If you are faced with these issues, we can schedule a consultation with one of our lawyers to discuss your particular situation. Similarly, the court does not have the capacity to inject its decisions on court decisions instead of parental decisions. Legal decision-making involves decisions on topics such as medical care, education, etc. The court only has the power to say who can make those decisions. She cannot make decisions for the parents. Therefore, if there is a particular dispute about which doctor to consult, the court can only designate which parent can make the decision. Paul E. v. Courtney F., __Ariz.__, ___P.3d__ (Ct. App. 2018).

In making a judicial decision order, the Court refers to section 25-403.01 of the A.R.S. below: However, there are many cases where one parent has full authority over the decision-making process, even if the child is visiting the other parent. This means that even if the child is in the care of a parent, it does not mean that that parent has decision-making power. What is the difference between custody and legal decision-making? I would like to request a change of custody of my child. My ex is crazy and can`t raise my child properly. What can I do? Good question! The difference between “custody” and legal decision-making authority is the first step in determining your question of change. Previously, Arizona courts used the term custody to discuss where a child would spend most of their time. The other “non-custodian” parent had visitors.

Now, the courts have changed the term “custody” and divided it into two distinct parts: 1) legal decision-making and 2) parental leave. There are three types of legal decision-making powers: If there is an agreement for joint custody, which means that both parents have the child at certain times agreed upon or determined by the court, there is usually some form of joint legal decision-making power that is granted. This usually means that the parent who has custody of the child at any given time determines what the child is doing or how to deal with emergency situations. According to the Arizona Department of Economic Security, legal decision-making is defined as the court that grants one or more people the authority to care for a minor child. It gives that person the right to care for the child, regardless of the time at which it is set, whether for a day, a weekend, during the summer or even permanently; and gives that person the legal authority to make decisions that are in the best interests of the minor. This can include things like religious choice, educational choice, medical treatment, and extracurricular activities the child will attend. In Arizona`s court system, there were actually two different types of legal decision-making powers. These include: However, statutory decision-making authority is not directly related to the time given to a parent or other person. Instead, it is about who has the authority to act on behalf of the child and make decisions that are in the best interests of the child. Note: In accordance with federal and other state laws, legal decision-making means “legal custody.” Only legal decision-making power In this legal situation, a person, usually a parent, has full authority to act on behalf of the child in all important decisions. You are the only person who can make such decisions, and the court has full authority to make decisions for the child regarding education, medical treatment, religious choice, etc. While this type of decision-making essentially gives the party with the final say the ultimate authority to make the decision on a contentious issue, that person must make a good faith and conscious effort to consider the other parent`s position.

If the parent makes a final decision in an area on which there is disagreement and the non-final parent believes (and can prove) that the decision was made without good faith efforts or in the best interests of the child, they may seek judicial intervention, which may include postponing the last word. It should be noted that even if a parent has custody of the child for a certain period of time, such as a weekend, this does not mean that they have legal decision-making authority. This is a very important point that all parents need to understand. When granting legal decision-making powers, Arizona courts order joint or single legal decision-making. One of the things that creates a presumption in favour of exclusive legal decision-making is what the courts call “fitness” issues. A fitness problem is essentially something that indicates that a parent is incapable of making decisions. According to the law, there are a number of different things that can justify this presumption or simply prevent a party who has a capacity problem from making a joint legal decision. This includes things like significant family violence or a significant history of family violence (note that the definition of family violence includes child maltreatment) (S.A.A. 25-403.03), drug or alcohol abuse (S.A.A. 25-403.04), or sexual offences (S.S.A. 25-403.05).

Joint legal decision-making with the last word: This means that both parents make joint decisions regarding health, educational care and religious decisions concerning the minor child, but in the event of a dispute, the parent with the final decision-making power has the opportunity to make the final decision in case of disagreement. This requires both parents to communicate about the best interests of the children, but to designate a parent with greater decision-making power than the other parent.