Legal Decision-Making and Parenting Time

In Arizona, matters involving children during and after a divorce are governed by legal decision-making and parenting time laws, ensuring decisions prioritize the child’s best interests. These terms replace "custody" in Arizona's legal framework.

Legal decision-making refers to the authority to make significant decisions regarding a child’s upbringing, including education, healthcare, and religious practices. Arizona courts may award:

1. Sole Legal Decision-Making: One parent has the exclusive right to make major decisions for the child.
2. Joint Legal Decision-Making: Both parents share the responsibility and must collaborate on major decisions (A.R.S. § 25-403.01).

When determining legal decision-making, the court considers factors outlined in A.R.S. § 25-403, such as the child's relationship with each parent, the parents' ability to cooperate, and any history of domestic violence or substance abuse.

Parenting time refers to the schedule of when the child will spend time with each parent. Courts aim to provide meaningful time for both parents unless doing so would endanger the child’s welfare (A.R.S. § 25-403.02). The goal is to promote stability and strong parent-child relationships. Parenting time schedules are unique to every situation, but there are some common plans here.

Arizona law emphasizes the best interests of the child as the guiding principle for all decisions (A.R.S. § 25-403). Factors include the child’s emotional and physical needs, adjustment to home and school, and the wishes of the child, depending on their maturity.