questions & answers
Question: In Arizona what educational decisions are covered under Joint Legal & Physical Custody Major Decisions?
In Arizona, the question of educational decision are addressed in the AZLawHelp.org article What does the court consider when deciding what is in the child's best interests in custody disputes? State law provides guidance to the courts by listing factors that the court should consider. These include such things as the wishes of the parents, the child's wishes, how the child interacts with each parent and any other children in the family, the health of each person involved, the child's adjustment to home, school and community, which parent primarily has provided care for the child in the past and which parent is more likely to allow the child to have frequent and meaningful contact with the other parent. The court also must consider whether there has been domestic violence in the family, drug or alcohol use by a parent or other circumstances that may endanger the child's physical, mental, emotional or moral health. The court will presume that an award of custody to a parent who committed an act of domestic violence is contrary to the child's best interests (http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68)
The Child Custody Article may be able to provide information in regards to your questions. If both the parents share joint legal custody, they both have the legal right to make decisions about the child's education. Generally, if the child's parents can not agree on where the child should go to school, or other important educational matters, it will be left to the court to decide what would be in the child's best interest under A.R.S. 25-403.
In Arizona what educational decisions are covered under Joint Legal & Physical Custody Major Decisions?
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State Bar of Arizona
Maricopa County Bar
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Referral number 520-623-4625
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