Arizona stepped into uncharted territory with the passage of Senate Bill 1127 in May 2012 and formal enactment in January 2013. Designed to fix certain provisions of Arizona Revised Statutes Title 25, the bill was aimed at allowing children of divorced parents a better balance when it comes to their rights. If you have a child of your own but risk having visitation problems when a divorce pushes through, family lawyers in Phoenix can educate you on some important points.
1. Under ARS 25-403, custody is now changed to “legal decision-making (LDM)” which is labelled as the right to make “non-emergency legal decisions” regarding the child’s life as a minor. The court will be tasked to rule based on factors vital to the child’s physical and emotional well-being. A subsection of this chapter, ARS 25-403.01, enables the court to award full or joint LDM, which will be based on the parents’ ability to communicate amicably and decide together.
2. The bill is meant to improve the parent-child relationship of by allowing both sides to devise a custodial plan that will maximize equal time for the child with either parent. ARS 25-403.02(C) mandates a parenting plan to include terms on practical schedules for either parent and their child, a handover and transportation strategy, and emergency communications.
3. The bill allows stiffer sanctions on either party if they make false claims just to get a better LDM advantage.
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