Legal Opinion

Nicaise v. Sundaram

Court of Appeals of Arizona

Decided March 1, 2018No. 1 CA-CV 17-0069 FCPublishedCited by 4 opinions

1Opinion of the Court

SWANN, Judge:

*1048¶ 1 In this family-law appeal, we hold that decrees awarding joint legal decision-making with one parent having the final decision-making authority on certain issues must be interpreted as awarding sole legal decision-making on those issues. We further hold that while the court may base an award of legal decision-making on the decisions the parents are likely to make, it may not substitute its judgment for that of the parents and make parenting decisions for them when they are unable to agree.

¶ 2 In this case, the evidence established that the parents were completely unable to…

2Cases cited5 opinions

  1. A Tumbling-T Ranches v. Flood Control DistrictCourt of Appeals of Arizona · 2009
  2. Nold v. NoldCourt of Appeals of Arizona · 2013
  3. Volk v. BrameCourt of Appeals of Arizona · 2014
  4. State Ex Rel. Department of Economic Security v. WaldrenArizona Supreme Court · 2007
  5. Borg v. BorgCourt of Appeals of Arizona · 1966

3Cited by4 opinions

  1. Robert J Nicaise Jr v. Aparna SundaramArizona Supreme Court · 2019
  2. Lisa Friedman v. David C Roels JrArizona Supreme Court · 2018
  3. Berrier v. RountreeCourt of Appeals of Arizona · 2018
  4. Paul E. v. Courtney F.Arizona Supreme Court · 2019

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