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Commonly referred to as ?sole custody,? sole legal decision-making gives one parent exclusive authority to make all legal decisions for his or her children. Sole decision-making is usually reserved for cases involving domestic violence between the parties or substance abuse by a parent.
Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.
In Arizona, a parenting plan is required in all cases involving legal decision-making and parenting time, such as divorce cases and legal separation cases.
Parental kidnapping of one's own child is a form of child abuse, and occurs when one parent violates the custody order and takes the child ? illegally depriving the other parent of custody and parenting time (visitation).
By law, in Arizona, it is assumed that both parents share equally in making decisions for the child, unless there is a custody order.
In Arizona, a person can be charged with the crime of custodial interference even before there is a court order regarding legal decision-making and parenting time or if s/he has a joint legal decision-making order with the other parent if s/he takes, entices (persuades) or withholds any child from the other parent and ...
Thus, in order to obtain sole custody, one parent must be able to demonstrate that it is not in their children's best interests to spend time with their other parent. This requires evidence that the other parent is unfit. There is no single definition of what it means to be unfit to parent under Arizona law.
Yes. Parents who are able to compromise on their custody arrangements, without turning the decision-making over to the judge, are strongly encouraged to do so. So long as your agreement is in the best interests of the children, you and the other parent may settle custody and access issues by private agreement.