Legal Question in Family Law in Arizona
I have sole physical and legal custody of my nine year old son. His mother still has her parenting time. My question is, where are my boundaries as to what I can control while he's with her? For a quick example, she wants to send him to a week long camp 3 hours away during the summer and I don't want him going. Or, who can pick him up from school for her weekends? Or religion. Can I request she takes him to the church and faith that I am? In my court orders, it states that if the two of us don't agree on anything, then it's my decision. But, the boundary lines are very fuzzy for me.
2 Answers from Attorneys
Parents have disagreements regarding camp outs, religion and the like even when they are married. You have the final say and the camping decision would appear to be within your decision making authority. Of course, if you say no you will have a pouting kid on your hands.... She cannot make decisions which affect your parenting time. Generally on religion each parent can expose the minors to their religious beliefs. My suggestion is that you agree on a parenting coordinator to handle disagreements or alternatively use Court Services to assist. If you have sole physical and legal custody and she has just parenting time, you can make the decisions by yourself. Legal custody simply means the right to make decisions affecting religion, medical, academic and extra curricular activities. If you have sole legal custody you get to make those decisions independently.
I agree this is a difficult concept. Per our statute, "Parenting time" means the condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.
So, what is a "major" decision can vary from case to case. Certainly, you get to make decisions regarding education, medical, and religion. My experience is that while you could not compel her to take the child to church during her time, you could prohibit her from exposing the child to a contrary religion.
I would expect that a Judge would agree that summer camp is a major decision.
We could assist, whether through contacting her or filing an appropriate pleading with the Court to address your concerns. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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