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Family Law

Arizona Child Custody & Parenting Time Lawyers

What is Legal Decision-Making in Arizona?

In Arizona, legal decision-making refers to a parent’s right to make major decisions regarding educational, health, and religious upbringing. This term has replaced what was traditionally referred to as “custody.”

Arizona courts generally favor arrangements that allow both parents to have an active role in their child’s life, whenever it’s in the child’s best interests.

Types of Legal Decision-Making

Joint Legal Decision-Making

Both parents share the responsibility of making major decisions about the child’s upbringing. This does not necessarily mean equal parenting time but does require both parents to consult and agree on important matters. 

Joint Legal Decision giving one party final say

This is a hybrid approach where parents have joint decision-making, but one parent has the final say in case of disagreements.

Sole Legal Decision-Making

In some cases the court can order that one parent has the exclusive authority to make all major decisions for the child. This is generally reserved for cases involving domestic violence, substance abuse, child neglect, or other circumstances that make joint decision-making inappropriate.

What is Parenting Time?

Parenting time, also known as “visitation,” refers to the actual time each parent spends with the child. Arizona courts encourage equal or near-equal parenting time whenever possible, but the child’s safety and well-being remain the top priority. The court may order a less than equal parenting time order, if a parent poses a risk of physical, emotional, or mental harm, the court may restrict or supervise their parenting time. 

Parents are encouraged to work together to create a parenting time plan that fits their family’s needs. If they cannot agree, the court will decide based on the best interest of the child.

Arizona Is a No-Fault Divorce State

With the exception of covenant marriages, Arizona is a no-fault divorce state. That means a spouse can file for divorce without having to prove wrongdoing. The only legal requirement is that the marriage is “irretrievably broken.”

Example 5-2-2-5 Parenting Schedule (14-Day Cycle)

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Example 2-2-3 Parenting Schedule (14-Day Cycle)

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Modifying Parenting Time

Life changes. Parenting time schedules can be modified when circumstances significantly change, such as: 

Speak to an Arizona Family Law Attorney

Whether you are seeking to establish time, modify time, or adjust an outdated arrangement, we can help you navigate the modification process. 

Helpful Resources

AZCourtHelp-Parenting Plans

Arizona’s Guide for Parent Living Apart

AZCourtHelp-Legal Decision Making and Parenting Time Information