Arizona Parenting Time Guidelines
Arizona Parenting Time Guidelines
Arizona replaced the traditional "custody" and "visitation" language with two distinct legal concepts: legal decision-making (who makes major decisions about the child) and parenting time (the physical schedule of when each parent has the child). Understanding this distinction matters because mixing them up in your divorce paperwork can create confusion the court will send back for correction.
Legal Decision-Making vs. Parenting Time
Legal decision-making covers major decisions about your child's education, healthcare, religious upbringing, and personal care. The court can award this as:
- Sole legal decision-making — One parent makes all major decisions
- Joint legal decision-making — Both parents share decision-making authority (Arizona courts strongly favor this unless there is domestic violence, substance abuse, or a history of one parent undermining the other's relationship with the child)
Parenting time is the physical schedule — who has the child on which days, weekends, holidays, and school breaks. Even a parent without legal decision-making authority is entitled to parenting time unless the court finds it would endanger the child.
Arizona's Model Parenting Time Plans
The Arizona Supreme Court publishes model parenting time plans that serve as starting frameworks. These are not mandatory, but judges use them as baselines when parents cannot agree:
For children under 3: Frequent, shorter visits with the non-primary parent to maintain bonding without disrupting the child's attachment to the primary caregiver. Overnight stays may be limited depending on the child's developmental stage.
For children 3 and older: More traditional alternating schedules. Common arrangements include:
- Alternating weekends (Friday evening to Sunday evening) with one weeknight dinner visit
- A 5-2-2-5 schedule (each parent gets two weekday blocks and alternating weekends)
- Equal parenting time (week-on/week-off or 3-4-4-3 rotations)
Holiday and vacation schedules: The model plans include detailed alternating holiday provisions covering major holidays, school breaks, and each parent's birthday. Parents can modify these, but the decree must address every major holiday or the court will apply the model plan by default.
What the Court Considers
If parents cannot agree on a parenting plan, the judge evaluates factors under A.R.S. Section 25-403, including:
- The child's relationship with each parent and siblings
- Which parent is more likely to allow frequent and meaningful contact with the other parent
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Whether there has been domestic violence or child abuse
- The child's wishes (if the child is old enough and mature enough to express a reasonable preference)
Arizona courts start from a presumption that maximizing both parents' involvement is in the child's best interest. A parent who tries to limit the other parent's time without documented safety concerns will face a negative inference from the judge.
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The Parent Information Program Requirement
In any divorce involving minor children, both parents must complete a court-approved Parent Information Program within 45 days of filing (for the petitioner) or 45 days of being served (for the respondent). The course covers the psychological and emotional impact of divorce on children and costs $40 to $50 per person.
If a parent fails to complete the class, the judge can refuse to sign the final decree, deny parenting time modifications, or hold the non-compliant parent in contempt of court.
UCCJEA Jurisdiction Warning
If your children have not lived in Arizona for at least six continuous months before filing, the court may not have jurisdiction to issue custody or parenting-time orders — even though it can dissolve the marriage after 90 days of residency. This means custody could need to be litigated in the children's previous home state.
The Arizona Divorce Filing Process Guide includes a parenting plan worksheet and jurisdiction checklist so you can prepare your custody proposal with confidence.
Get Your Free Arizona — Divorce Filing Quick-Start Checklist
Download the Arizona — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.