Absent an agreement between the parties, the judge decides child custody (legal custody is decision-making authority for the children) and parenting time (the time-sharing schedule between the parents). Under A.R.S. Section 25-403, the judge considers many factors, including the parents’ wishes, which parent has been the primary caregiver, the children’s adjustment to each parent and to home, school and community, the children’s wishes (in some cases), and which parent is more likely to allow the other parent a relationship with the children. The judge will also take very seriously any history of domestic violence or substance abuse. Joint legal custody is shared decision-making; it has nothing to do with where the children live. Parenting time arrangements can range from equal time with each parent to the children living primarily in one home and having alternating weekend parenting time with the other parent.
