When parents separate, their biggest concern is almost always their children. Where will the children live? How will holidays work? Who makes decisions about school and medical care? In Arizona, these questions are answered through a parenting plan, and the court’s guiding principle is the best interests of the child.
This guide explains how Arizona approaches decisions about children in a divorce or separation. It is general information only and not legal advice. Every family is different, and parents should speak with a family law attorney about their own situation.
Contents
The Terms Arizona Uses
Arizona no longer uses the word “custody” in its statutes. Instead, the law refers to two separate things:
- Legal decision-making: the right and responsibility to make major decisions about a child’s education, health care, religious upbringing and personal care.
- Parenting time: the schedule of when each parent spends time with the child.
Legal decision-making can be joint, where both parents share major decisions, or sole, where one parent has final authority. Even when one parent has sole decision-making, the other parent usually still has parenting time.
The Best Interests of the Child
Arizona courts decide parenting issues based on the child’s best interests. Factors the court may consider include:
- The past, present and potential future relationship between each parent and the child
- The child’s relationship with siblings and other important people
- The child’s adjustment to home, school and community
- The child’s wishes, if they are of suitable age and maturity
- The mental and physical health of everyone involved
- Which parent is more likely to support the child’s relationship with the other parent
- Any history of domestic violence, child abuse or substance abuse
Arizona law generally favours both parents having substantial, frequent and meaningful parenting time, as long as it is consistent with the child’s safety and wellbeing.
What a Parenting Plan Covers
A parenting plan is a detailed document that sets out how parents will share responsibilities. A good plan typically includes:
- Whether legal decision-making is joint or sole
- A regular weekly parenting schedule
- A holiday and special occasion schedule
- Summer and school break arrangements
- How the child will be exchanged between homes, and where
- How parents will communicate about the child
- How disagreements will be resolved, such as through mediation
- Procedures for changing the plan in the future
Parents who agree can submit a joint parenting plan for the court to approve. If they cannot agree, each parent proposes their own plan and the court decides.
Common Parenting Time Schedules
There is no single schedule that suits every family. Some common arrangements include:
- Alternating weeks: the child spends one week with each parent.
- 2-2-3 schedule: the child alternates between parents in two, two and three-day blocks, giving frequent contact with both.
- 5-2-2-5 schedule: each parent has the same weekdays every week, with alternating weekends.
- Primary residence with alternating weekends: often used when parents live far apart or when one parent travels for work.
The right schedule depends on the child’s age, the distance between homes, work schedules and how well the parents communicate.
Parent Education and Mediation
In many Arizona counties, divorcing parents must complete a parenting education class that focuses on helping children cope with separation. Courts also often require or encourage mediation, where a neutral mediator helps parents reach agreements without going to trial. Agreements reached this way are often more practical and longer lasting.
Child Support
Child support is calculated using the Arizona Child Support Guidelines. The calculation considers both parents’ incomes, the amount of parenting time each has, and costs such as health insurance, childcare and some education expenses. Parenting time and support are connected, but one parent cannot withhold parenting time because support is unpaid, and support is not cancelled because of missed parenting time.
Modifying a Parenting Plan
Life changes, and parenting plans can be changed too. A parent can ask the court to modify legal decision-making or parenting time when circumstances change, such as a move, a new work schedule or concerns about a child’s welfare. There are usually time limits and requirements for when a modification can be requested, so legal advice is important.
Getting the Right Help
Parenting cases are emotional, and decisions made early can shape family life for years. Working with a Gilbert AZ divorce law firm that understands how local courts approach parenting plans can help parents put forward a realistic proposal, prepare for mediation and protect their relationship with their children.
Tips for Parents
- Keep the focus on the children, not the conflict.
- Avoid discussing the case or the other parent negatively in front of the children.
- Keep records of your involvement in school, activities and medical care.
- Communicate in writing where possible, and keep it civil.
- Follow temporary orders carefully while the case is ongoing.
The Bottom Line
Arizona’s approach to parenting after divorce centres on one question: what is best for the child? Understanding legal decision-making, parenting time and how parenting plans work helps parents make informed choices, reduce conflict and build an arrangement that gives children stability and a strong relationship with both parents.