There are two types of legal decision-making orders. Temporary or permanent. The majority of state courts, including Arizona, make custody decisions on what is perceived to be the best interest of the children. Arizona’s best interest statute is found at A.R.S. § 25-403 and lists the factors the Court has to consider. Not all will be applicable in all situations, though.
The judge in a particular case will consider the 25-403 factors such as the child’s connection to the local community and their school, the child’s relationship with the parents and siblings, and whether a parent is likely to try to interfere with the other parent’s relationship with the child. Temporary orders are generally entered “without prejudice,” which means they can be changed in the final orders. Sometimes, though temporary orders may become the final orders.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Legal Decision-Making Orders, Temporary or Permanent?, or other family law issues, please feel free to contact Barry C. Dickerson at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools, and municipalities in Mesa and the Phoenix/East Valley.