Legal Question in Family Law in Arizona

custody

i have sole custody of our 11 year old daughter my ex is now asking to share joint legal custody with me being named as the primary residential parent . i am not sure what this means and the impact it could have on myself and my daughter ..for the past seven years he has left all matters up to me .. can u please explain to me what that means thank you ..


Asked on 2/13/08, 6:39 pm

2 Answers from Attorneys

Jeanne Whitney Whitney Law Office

Re: custody

I have to assume you were divorced in Arizona, since the legal description of these terms might be somewhat different in another state. I can�t tell from your e-mail, but I assume the ex been visiting and has an ongoing relationship with his daughter. �Sole legal custody� means that one parent, normally the primary custodian, makes the major decisions for the child, for example, what school, medical decisions, what religion the child will be raised with, whether a minor can marry, join the military before age 18, and even whether the child can get a tattoo. �Joint legal custody� means that both parents talk, communicate, and are able to decide the major decisions for the child together. This requires that the parents are able to communicate. Only you know whether the two of you will be able to make joint decisions.

It is possible that Father just wants to be a positive participant in his daughter�s life, or he may have some other agenda. Maybe he just wants to know more about what�s going on in his daughter�s life. He can have additional visitation/parenting time, he can request a modification of child support, and he can seek tax benefits in claiming the child all without �joint legal custody.� Sounds like you need more information from Father and you may want to consult with an attorney. If you have truly been making all the decisions for your daughter for 11 years, Father will have a very difficult uphill battle to change it to �joint.� I work in southern Arizona, practicing primarily in Cochise County, so if you have to go to court in Maricopa County, I won�t be able to represent you.

Read more
Answered on 2/16/08, 5:19 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: custody

Thank you for your inquiry. "Legal custody" refers to decision-making authority. Sole custody means one parent makes the decisions, and Joint Custody means the parents make the decisions together. The court must consider the best interests of the kids when making any decisions regarding custody and parenting time.

We offer a free initial consultation, so please contact our office by phone to schedule a time to meet with one of our attorneys regarding the details of your situation.

Read more
Answered on 2/14/08, 4:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona