Understanding the Legal Aspects
Legal decisions in a divorce involving children go beyond custody arrangements. Parents must consider how responsibilities will be divided, from decision-making authority to financial support and long-term stability.
Child Legal Decision-Making
In Arizona, child legal decision-making refers to a parent’s authority to make important choices about their child’s upbringing, including education, healthcare, and religious practices. This is different from parenting time (previously known as physical custody), which determines where the child lives.
When making determinations about legal decision-making, the court considers each parent’s involvement in the child’s life, their ability to cooperate, and any history of domestic violence or substance abuse. In some cases, parents can agree on a decision-making arrangement, while others may require court intervention.
Types of Legal Decision-Making Authority
Arizona courts recognize two main types of legal decision-making authority:
- Sole legal decision-making – One parent has the exclusive right to make major decisions about the child’s education, healthcare, and religious upbringing. Courts may grant sole decision-making if one parent is unfit due to issues like substance abuse or domestic violence.
- Joint legal decision-making – Both parents share responsibility for making major decisions. This requires cooperation and communication between parents to ensure the child’s needs are met.
While joint decision-making is often preferred, courts will evaluate what arrangement serves the child’s best interests. A parenting plan typically outlines how decisions will be made and ensures both parents understand their roles and responsibilities.
Factors Considered in Determining Custody and Parenting Time
When determining custody and parenting time, Arizona courts focus on what best supports the child’s well-being. Judges evaluate multiple factors, including:
- The child’s relationship with each parent – Courts consider how involved each parent has been in the child’s daily life.
- Each parent’s ability to meet the child’s needs – Stability, emotional support, and the ability to provide a safe home environment are key considerations.
- The child’s adjustment to home, school, and community – Maintaining continuity in education and social life can be a priority.
- The child’s wishes – If the child is mature enough, their preference may be considered.
- Any history of domestic violence or substance abuse – These issues can significantly impact custody decisions.
At Cohen Family Law, we help parents understand how these factors apply to their situation and work toward a custody arrangement that supports their child’s best interests.
Child Support: What It Means and How It Works
Child support ensures that both parents contribute financially to their child’s upbringing, even after a divorce. In Arizona, payments are determined based on state guidelines that consider factors such as:
- Each parent’s income and financial resources
- The number of children involved
- Parenting time and custody arrangements
- Healthcare, education, and childcare costs
Child support covers essential expenses such as housing, food, clothing, and medical care. Payments are usually made monthly and can be modified if circumstances change, such as a job loss or a significant shift in parenting time. Failing to meet child support obligations can lead to serious legal consequences, including wage garnishment, license suspension and even incarceration.
Property Division in a Divorce With Children
Dividing assets in a divorce can be complex, especially when children are involved. In Arizona, community property laws require that marital assets be divided equitably, but that doesn’t always mean a 50/50 split. When determining property division, courts consider factors such as:
- Who will have primary custody, and whether keeping the family home is in the child’s best interest
- How assets like savings, investments, and retirement accounts will support the child’s future
- Responsibility for debts, including those related to the child’s education or medical care
Parents may negotiate agreements to ensure financial stability for their children. If an agreement cannot be reached, the court will decide how to divide assets in a way that prioritizes fairness and the child’s needs.
Understanding the Effects of Divorce on Children
Divorce can have a significant emotional and psychological impact on children; the effects may vary depending on age, personality, and how the situation is handled. While some children adjust well over time, others may struggle with uncertainty and emotional distress. Recognizing the potential effects can help parents provide the right support.
Emotional Impact of Divorce on Children
Children often experience a mix of emotions during and after a divorce, including sadness, confusion, anger, and guilt. Some worry they caused the divorce, while others fear losing a parent’s love or presence in their lives. How parents communicate and manage transitions plays a key role in helping children adjust. Providing reassurance, maintaining routines, and shielding children from conflict can ease their stress.
Many feel anxious about their living situation or express frustration over their lack of control. Others struggle with guilt, believing their actions contributed to the divorce, while some grieve the loss of their family structure. These emotions are normal, but open, age-appropriate conversations and ongoing support can help children process their feelings. Parents who offer stability and reassurance can make a difficult situation more manageable.
Behavioral Changes and Challenges
Changes in behavior are common as children process their emotions. Some may act out, while others withdraw or become unusually quiet. Parents should be aware of signs that their child is struggling, such as:
- Increased defiance or aggression
- Difficulty concentrating in school
- Sleep disturbances, nightmares, or bedwetting
- Changes in appetite, such as eating too much or too little
- Loss of interest in activities they once enjoyed
While some behavioral shifts are temporary, ongoing issues may indicate deeper struggles. Keeping an open line of communication and offering emotional support can help children feel more secure during the transition.
Age-Specific Responses to Divorce
Children of different ages process divorce in different ways. Understanding how children at various stages may react can help parents provide the proper support.
- Infants and toddlers – While too young to understand divorce, they may become more clingy, irritable, or have trouble sleeping due to disrupted routines.
- Preschoolers – They may believe the divorce is their fault and struggle with separation anxiety or regression in behaviors like thumb-sucking or bedwetting.
- School-age children – They tend to feel a strong sense of loss and may experience sadness, anger, or worry about loyalty between parents. Academic performance may decline temporarily.
- Teenagers – They may react with anger, resentment, or withdrawal. Some teens become more independent, while others act out through risky behaviors.
Recognizing these reactions can help parents tailor their approach to meet their child’s emotional needs.
Red Flags for More Serious Problems
Most children gradually adjust to divorce, but some may experience prolonged emotional distress that requires additional support. Parents should be mindful of the following red flags:
- Persistent sadness or depression lasting for months
- Extreme anger or aggression toward family members or peers
- Self-harm or talk of suicide
- Substance abuse or reckless behavior in older children
- Social withdrawal and refusal to engage with friends or family
If these signs appear, professional help from a therapist or counselor may be necessary. Divorce can be difficult, but with patience, reassurance, and support, children can adapt and thrive in their new family structure.
The Role of Parents in Reducing Negative Effects
Divorce can be a challenging transition for children, but parents can help them adjust. A supportive and stable environment can significantly affect a child’s processing of the changes. While no approach eliminates all difficulties, proactive parenting can minimize stress and uncertainty.
Parenting Plans and Co-Parenting Agreements
A well-structured parenting plan helps create stability for children by outlining how parents will share responsibilities. Courts encourage parents to develop agreements that prioritize the child’s well-being and clearly define:
- Custody and parenting time schedules – Ensuring children have quality time with both parents.
- Decision-making responsibilities – Clarifying how major choices about education, healthcare, and extracurricular activities will be handled.
- Methods of communication – Establishing guidelines for discussing child-related matters to reduce misunderstandings.
A detailed co-parenting agreement can help prevent disputes and provide consistency for children. At Cohen Family Law, we help parents develop clear parenting plans that prioritize their child’s well-being. When both parents remain involved and committed, children feel more secure and supported throughout the transition.
Tips for Resolving Parenting Conflicts
Conflict between parents can increase a child’s stress, making it important to handle disagreements constructively. While differences in parenting styles may arise, parents can reduce tension by:
- Keeping conversations child-focused – Shifting discussions away from past relationship issues and toward the child’s needs.
- Using written communication when necessary – Texts, emails, or co-parenting apps can help prevent misunderstandings.
- Being flexible and willing to compromise – Unexpected situations may require adjustments to schedules and routines.
- Seeking mediation if necessary – A neutral third party can help resolve disputes in a productive manner.
Children benefit when parents model respectful communication and cooperation. Managing conflict effectively can help them feel more secure in both households.
How Much Information Should I Give My Child About the Divorce?
Children do not need to know every detail of a divorce, but they do need age-appropriate explanations. Parents should provide enough information to help their child understand what is happening while avoiding unnecessary stress.
- Be honest, but keep it simple – Explain that the divorce is a decision between parents and is not the child’s fault.
- Reassure them about their relationship with both parents – Let them know they are loved and that both parents will remain involved.
- Avoid blaming the other parent – Speaking negatively about the other parent can create confusion and emotional distress.
Each child will process the situation differently, so ongoing conversations may be necessary as they ask questions and adjust to changes.
Benefits of Family Therapy
For some families, professional support can help children cope with the emotional impact of divorce. Family therapy provides a space where children can express their feelings, ask questions, and develop coping strategies.
Therapists can help:
- Improve communication between parents and children.
- Address behavioral issues linked to stress or anxiety.
- Provide children with tools to manage emotions and adjust to new family dynamics.
Even if children do not show immediate signs of distress, therapy can be a helpful resource to ensure they have support throughout the transition.
What Does the Best Interests of the Child Mean?
In any divorce involving children, courts prioritize decisions that serve the child’s best interests. This standard ensures that custody, parenting time, and support arrangements promote the child’s well-being, stability, and development.
Judges consider several factors when applying this standard, including:
- The child’s emotional and physical needs
- Each parent’s ability to provide a stable home
- The child’s relationship with each parent and siblings
- Any history of domestic violence or substance abuse
- The child’s preference, if they are mature enough to express one
This approach helps create custody and support arrangements that protect the child’s happiness and security.
Helping Your Child Through a Divorce
Divorce is a significant change for children, and how parents handle the transition can shape their emotional well-being. Providing stability, reassurance, and open communication can help them feel secure during this time.
How to Tell Kids About Divorce
The way parents talk about divorce can influence how a child processes the news. It’s important to:
- Present a united message – If possible, both parents should explain the situation together.
- Use simple, age-appropriate language – Younger children need reassurance about their daily routines, while older children may want more details.
- Emphasize love and consistency – Let them know both parents will continue to be part of their lives.
- Encourage questions and feelings – Giving children space to express emotions helps them process the changes more easily.
Ongoing support, routine, and reassurance can help children adapt and feel secure in both households.
Uncontested Divorce with Minor Children vs. Contested Divorce
Divorcing parents must decide whether to resolve their issues amicably or take their case to court. An uncontested divorce occurs when parents agree on child custody, parenting time, support, and property division. This approach is typically faster, less expensive, and reduces stress for children by avoiding courtroom battles. Parents can create a parenting plan that works for their family without a judge making the final decisions.
A contested divorce happens when parents cannot agree and require the court to intervene. Disputes over legal decision-making, parenting time, or financial support can lead to lengthy litigation. This process can be emotionally draining for children, especially if they witness ongoing conflict.
While some disagreements require court involvement, many parents benefit from mediation or collaborative approaches to minimize stress. Prioritizing compromise and focusing on the child’s well-being can lead to a smoother transition for the entire family.
Special Considerations for Divorcing From Second Marriages With Stepchildren
Divorcing from a second marriage can bring unique challenges, especially when stepchildren are involved. Unlike biological children, stepchildren are not automatically included in custody decisions unless a legal adoption has occurred. However, strong emotional bonds often exist, and parents may need to consider how to maintain relationships while respecting legal boundaries.
Key factors to consider include:
- Custody and visitation – If a stepparent has legally adopted the child, they have the same parental rights as a biological parent. Without adoption, visitation is not guaranteed but may be requested in some cases.
- Emotional impact on stepchildren – Children may experience loss, especially if they have a close relationship with the stepparent or step-siblings.
- Maintaining stability – Parents should communicate openly and work to preserve positive relationships when appropriate.
Divorcing parents in blended families must carefully consider each child’s emotional and legal needs to help them through the transition.
Our Family Law Attorney Can Guide Your Family Through Divorce
Divorce is never easy, but having the right legal support can make a significant difference for you and your children. At Cohen Family Law, we understand the challenges parents face when making custody, support, and parenting time decisions. Our goal is to help you create solutions that protect your child’s well-being while securing your parental rights. Whether through negotiation or litigation, we are here to support you every step of the way. Contact us today to schedule a consultation and discuss how we can help your family move forward.
