Questions to Ask a Child Custody Lawyer About Parenting Time in Arizona

Understanding Parenting Time and Child Custody in Arizona Family Law

In Arizona family law, parenting time refers to the schedule that determines when a child is physically with each parent. Parenting time replaces the older term custody and visitation, but many parents still use that phrase interchangeably in court cases and consultations with an attorney.

Under Arizona law, specifically A.R.S. § 25-401, parenting time includes:

• The days and times each parent has the child
  
• Responsibility for daily care and supervision
  
• The expectation that one parent will allow the child frequent contact with the other parent
  

Parenting time is separate from legal decision-making or parenting time, which governs decisions regarding education, medical care, and religious upbringing. In many custody cases, the court must determine both legal decision-making and parenting time together to serve the child’s best interests.

Arizona courts focus on the best interest of the child when determining parenting time. Judges consider whether a parent is acting in good faith to protect the child and whether the proposed plan allows the child to remain connected to siblings and any other person who may significantly affect the child.

Arizona Family Law Statutes Governing Parenting Time, Child Custody, and Legal Decision-Making

Several Arizona statutes guide how parenting time, child custody, and child support are handled:

• A.R.S. § 25-403 – Lists factors for determining parenting time and legal decision-making, including moral or emotional health, wishes of the child, and evidence that domestic violence or child abuse occurred
• A.R.S. § 25-403.02 – Requires a written parenting plan addressing legal decision-making or parenting
• A.R.S. § 25-411 – Governs modification of a custody order or parenting time order
• A.R.S. § 25-408 – Allows the court to restrict or order supervised parenting time when necessary
  

Arizona courts may order limitations when there is evidence of domestic violence, an act of domestic violence, spousal abuse or child abuse, or when abuse or child abuse occurred since the child was born. The court’s goal is to protect the child from witnessing an act of domestic violence or being placed at risk.

Questions to Ask About Parenting Time Schedules in an Arizona Custody Case

What does “reasonable parenting time” mean in my custody case?

Parenting time must be meaningful parenting time unless it may significantly affect the child’s moral or emotional health. An attorney can explain how Arizona courts define reasonable parenting time and custody and visitation schedules.

Does Arizona favor equal parenting time or joint legal decision-making?

Arizona family law does not guarantee equal parenting time, but joint legal decision-making is common when parents can cooperate. One parent is more likely to receive equal parenting time if they demonstrate acting in good faith to protect the child.

What parenting plan schedule works best for my Arizona child?

The court considers school schedules, the wishes of the child, and whether one parent is likely to allow the child frequent contact with the other parent.

How are holidays, school breaks, and summer vacations handled in a parenting plan?

These periods should be clearly defined in the parenting plan to prevent disputes.

Questions About Parental Rights, Legal Decision-Making, and Child Support

How does parenting time affect child support?

Child support is based upon the Arizona child support guidelines, which consider parenting time. A parent who exercises more parenting time may pay less, while the other parent may receive child support accordingly.

What is the difference between joint legal decision-making and sole legal decision-making?

Joint legal decision-making means parents share authority for major decisions regarding legal custody, education, and healthcare. Sole legal decision-making gives one parent decision-making authority.

Who has decision-making authority during parenting time?

Each parent can make routine daily decisions during parenting time. Major decisions require agreement regarding legal decision-making or court direction.

Questions About Evidence in a Child Custody and Parenting Time Case

What evidence matters most in family law cases?

Evidence may include:

• Proof of meaningful parenting time
  
• School and medical records
  
• Communication logs between parents
  
• Evidence that domestic violence or child abuse occurred
  

How does the court decide between two parenting plans?

Judges evaluate which plan better serves the child’s best interests and whether one of the parties is acting in good faith to protect the child.

Questions About Modifying or Enforcing Parenting Time,

Can parenting time or legal decision-making be modified later?

Yes. A parent may petition the superior court to modify parenting time, legal decision-making, or child support if circumstances change after the time the petition is filed. The court will only approve a modification if it serves the child’s best interests and reflects a substantial and continuing change in circumstances.

What qualifies as a significant change in circumstances?

Examples may include a parent relocating, changes in work schedules, concerns about the child’s safety, changes in the child’s educational or medical needs, or evidence that a parent is no longer acting in good faith to protect the child. The court will review how the change may significantly affect the child’s best interests.

What if the other parent violates the parenting plan?

If a parent violates the parenting plan by refusing parenting time, failing to follow exchange schedules, or interfering with legal decision-making, the other parent may ask the court to enforce the custody order. Arizona courts take repeated violations seriously, particularly when they disrupt the child’s routine or relationship with the other parent.

Can the court impose consequences for repeated violations?

Yes. The court may order remedies such as make-up parenting time, parenting classes, counseling, or modification of parenting time or legal decision-making. In more serious cases, ongoing violations may affect future custody or visitation decisions.

Can parenting time be supervised or restricted after an order is entered?

Yes. If new safety concerns arise, including evidence of domestic violence or child abuse, the court may order supervised parenting time or impose restrictions to protect the child while still preserving the parent-child relationship when appropriate.

How does enforcement affect child support?

Enforcement of parenting time and child support are handled separately, but repeated violations of court orders may be considered when the court reviews future parenting time or support issues. A family law attorney can explain how enforcement actions may impact both areas.

Common Parenting Time and Child Custody Schedule Examples Used in Arizona Family Law

When Parents Can’t Agree on Parenting Time, Child Custody, or Legal Decision-Making

When parents cannot agree, the family court may decide custody or visitation. The judge may ask the court to consider whether coercion or duress was used in an agreement regarding legal decision-making or parenting. In such cases, the court acts in good faith to protect the child and ensure the parenting plan reflects the child’s best interest.

Frequently Asked Questions About Parenting Time and Child Support

1. How does parenting time affect child support in Arizona?

Parenting time impacts child support calculations under the Arizona Child Support Guidelines. More parenting time can reduce a parent’s support obligation.

2. Can one parent deny parenting time if child support is unpaid?

No. Parenting time and child support are separate. Denying parenting time is a violation of the custody order.

3. What is the difference between legal custody and parenting time?

Legal custody governs decision-making authority; parenting time governs physical time with the child.

4. Can parenting time be restricted due to safety concerns?

Yes. Supervised parenting time may be ordered if there is evidence of domestic violence or child abuse.

5. Does Arizona favor joint legal decision-making?

Yes, when parents cooperate. Otherwise, sole legal decision-making may be granted.

6. Can parenting time be changed after a custody order is entered?

Yes. Modifications require a substantial and continuing change in circumstances and still must serve the child’s best interests.

7. Should I speak with an attorney before agreeing to a parenting plan?

Absolutely. A family law attorney can review agreements regarding legal decision-making, child support, and parenting time to prevent long-term problems.

Important Things to Remember About Parenting Time and Child Custody in Arizona

• Parenting time decisions are based on the child’s best interests, not parental convenience.
  
• Parenting time and child support are separate legal issues; one parent cannot withhold parenting time because support is unpaid.
  
• A detailed, court-approved parenting plan reduces confusion and disputes.
  
• Arizona courts consider whether parents act in good faith to protect the child and encourage a healthy relationship with the other parent.
  
• Evidence of domestic violence or child abuse may result in restricted or supervised parenting time.
  
• Verbal agreements regarding parenting time or legal decision-making are risky and often unenforceable.
• Early guidance from a family law attorney can help avoid costly mistakes and reduce long-term conflict.