Legal Decision-Making ( Child Custody ) & Parenting Time
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How Child Custody and Parenting Time Work in Arizona
In family law, two concepts that significantly impact parents and children are legal decision-making (commonly called child custody) and parenting time. Legal decision-making determines which parent will have the authority to make essential decisions regarding a child’s upbringing, including education, health care, and religious practices.
Within the state of Arizona, child custody arrangements may be granted in one of two forms: sole custody, wherein a single parent holds all decision-making authority, or joint custody, wherein both parents share these responsibilities.
Parenting time, on the other hand, specifies the actual schedule that dictates when the child will spend time with each parent. This arrangement is designed to ensure that the child maintains a strong, healthy relationship with both parents, which is vital for their development and well-being.

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Legal Decision Making ( Child Custody )
Legal decision-making, commonly referred to as child custody, is a crucial aspect of family law in Arizona. It involves determining which parent will have the authority to make significant decisions about a child’s life, including education, healthcare, and religious upbringing.
According to Arizona Revised Statutes (ARS) §25-403, legal decision-making can be granted as either sole (one parent has full authority) or joint (parents share the decision-making).
The courts prioritize the best interests of the child in deciding custody arrangements, considering factors such as the child’s relationship with each parent, their adjustment to home and community, and the mental and physical health of all parties involved.
Sole Vs Joint. Legal Decision-Making
In family law, understanding the differences between sole and joint legal decision-making (formerly known as custody) is essential for parents separating or divorcing in Arizona.
Sole Legal Decision-Making
Sole legal decision-making grants one parent the exclusive right to make important decisions about the child’s life without the need for input from the other parent. This includes choices regarding:
- Education: Deciding on the type of schooling and educational paths.
- Health Care: Making decisions about medical treatments and interventions.
- Religious Activities: Choosing if and how the child will be involved in religious practices.
This arrangement is often reserved for situations where one parent is deemed unfit due to issues like abuse, neglect, or substance abuse or if the other parent is absent or incapable of making responsible decisions. According to ARS §25-403, the court considers factors like the child’s welfare and which parent is more likely to allow frequent and meaningful contact with the other parent.
Joint Legal Decision-Making
Joint legal decision-making requires both parents to cooperate and make decisions together regarding their child’s welfare. It is the preferred arrangement in Arizona unless proven detrimental to the child. Key features include:
- Collaborative Decision-Making: Both parents must communicate and agree on major decisions affecting their child’s life.
- Mediation and Conflict Resolution: If parents disagree, they might need to use mediation or other methods to reach a consensus.
The court assesses various factors, including the parent’s ability to cooperate, the child’s relationship with each parent, and each parent’s capability to provide a stable environment.
What is Parenting Time?
Parenting time, often referred to as visitation, is the legally designated period during which a non-custodial parent spends time with their child.
In Arizona, the laws governing parenting time aim to ensure that children have frequent and meaningful contact with both parents, provided it is in the child’s best interest. The specifics of parenting time are usually detailed in a parenting plan, which is part of the custody agreement and outlines schedules, holidays, and other logistics.
Arizona courts encourage parents to work together to develop a parenting time schedule that accommodates the child’s needs and the parent’s lifestyles and commitments.
If parents cannot agree, the court will intervene and establish a schedule based on factors outlined in Arizona Revised Statutes (ARS) §25-403, such as the child’s age, the parents’ locations, and the child’s routine. This statute also ensures that any decision regarding parenting time maximizes the child’s emotional and physical health and maintains the existing relationships with both parents.
What are Examples of Parenting Time Schedules
Parenting time schedules vary widely to accommodate the diverse needs of families, taking into account factors like the parents’ work schedules, the child’s school and activity commitments, and geographic considerations.
Here are a few common examples of parenting time schedules:
Alternating Weeks
One of the simplest schedules involves parents alternating custody of the child on a weekly basis. The child spends one week with one parent and the next week with the other. This schedule is often preferred for its consistency and simplicity, especially for older children who can handle longer periods away from each parent.
2-2-3 Rotation
Under this arrangement, the child spends two days with one parent, two days with the other parent, and then three days back with the first parent. The cycle then repeats with the roles reversed. This schedule allows children to have regular and frequent contact with both parents, which can be beneficial for younger children who may need more frequent transitions between homes.
Extended Weekends
This schedule typically involves the child living with one parent during the school week and spending extended weekends (e.g., from Thursday or Friday to Monday morning) with the other parent. It’s particularly useful when parents live far apart or when one parent’s work schedule limits weekday availability.
Summer and Holiday Splits
Parenting time during holidays, school breaks, and summer vacation can differ from the regular schedule to allow for extended time with each parent. For example, one parent might have the children for the majority of the school year while the other has extended time during summer vacation. Holidays are often alternated between parents each year.
Split or Shared Scheduling
In some cases, particularly when parents live in close proximity and have flexible schedules, the child may split time equally between the parents, switching homes mid-week or having an arrangement that equally divides the days of the month between the two homes.
For families facing challenges in determining a suitable parenting time schedule, legal professionals like those at Lucas Law can provide guidance and support in negotiating and formalizing these arrangements.
What is the Meaning of Parental Interference?
Parental interference refers to actions by one parent that disrupt the other parent’s legally established rights to custody or parenting time. This can include overt acts like taking the child without permission or more subtle forms such as restricting communication between the child and the other parent.
In Arizona, such actions can have serious legal ramifications if they contravene existing custody orders or parenting plans. Courts in Arizona view parental interference as a significant matter, often leading to legal interventions that can alter custody arrangements or result in penalties to enforce compliance with court orders. This ensures that the child’s best interests remain the priority in co-parenting situations.
Can Child Custody and Parenting Time Agreements be Modified?
In Arizona, child custody and parenting time agreements are not set in stone and can be modified if significant changes in circumstances occur. The law recognizes that as children grow and circumstances change, the initial agreements may no longer serve the best interests of the child.
Criteria for Modification
According to Arizona Revised Statutes (ARS) §25-411, a request for modification of child custody or parenting time can be made if there is a substantial and continuing change in circumstances. This might include changes such as a parent’s relocation, alterations in a parent’s lifestyle that could affect their ability to parent effectively, or significant changes in the child’s needs.
Process for Modification
To modify a child custody or parenting time agreement, the parent seeking the change must file a petition with the court outlining the reasons for the modification. The court typically requires evidence of the changed circumstances and an explanation of how the proposed modification would better serve the child’s interests.
Considerations
The court will consider several factors, including:
- The child’s adjustment to their current home, school, and community.
- The mental and physical health of all individuals involved.
- Whether the modification will allow the child more meaningful contact with both parents.
- The wishes of the child, if they are of sufficient age and maturity, to express an opinion.
Mediation and Legal Guidance
In many cases, the court may recommend mediation before proceeding with a court hearing, providing an opportunity for parents to reach a new agreement collaboratively. If parents cannot agree, the court will make a decision based on the child’s best interests.

Speak to Lucas Law for Child Custody Help
At Lucas Law, we offer personalized and client-centered strategies designed to preserve family harmony and minimize stress. Our approach involves negotiating fair arrangements and adjusting custody as life changes, always considering the children’s best interests.
How We Support Families:
- Tailored Solutions: We resolve disputes through mediation before litigation, tailored to each family’s needs.
- Continuous Support: From consultation through modifications, we provide expert guidance.
- Preservation of Relationships: Our focus on amicable solutions helps maintain healthy family dynamics.
Lucas Law is your partner in handling family law matters, committed to achieving positive, family-focused outcomes.
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