Legal Decision-Making & Parenting Time

Nothing is more important than your children. In Arizona, the courts use the terms Legal Decision-Making (custody) and Parenting Time (visitation). The gold standard is the "Best Interests of the Child."

I help parents negotiate plans that ensure their role in their child's life is preserved, whether that means equal 50/50 parenting time or pursuing sole decision-making authority in cases involving safety concerns.

Arizona Child "Custody" (Legal Decision-Making) Laws

Arizona uses the term 'legal decision-making' instead of 'custody.' Legal decision-making refers to the authority to make major decisions about a child's life, including education, healthcare, religion, and personal care. "Custody" is now a legacy term, though still often used in conversation.

Arizona courts consider the best interests of the child when making legal decision-making determinations, focusing on factors such as:

• The child's relationship with each parent
• Each parent's ability to provide a stable environment
• The child's adjustment to home, school, and community
• The mental and physical health of all parties
• Which parent is more likely to allow frequent contact with the other parent

Parenting Time in Arizona

Parenting time (formerly called visitation) refers to the time each parent spends with their child. Arizona courts presume that it's in the child's best interest to have substantial, frequent, meaningful, and continuing contact with both parents.

Common parenting time schedules include:

• 50/50 Split: Equal time with both parents
• Every Other Weekend: One parent has weekends, the other has weekdays
• 2-2-3 Schedule: Rotating schedule where children spend 2 days with one parent, 2 days with the other, then 3 days with the first parent
• One Week On/One Week Off: Children alternate weeks between parents

Arizona Legal Decision-Making & Parenting Time Statutes and Legal Framework

Arizona child family law is primarily governed by specific statutes that courts must follow when making legal decision-making determinations:

• A.R.S. § 25-403: Legal decision-making; best interests of child
• A.R.S. § 25-403.01: Sole and joint legal decision-making and parenting time
• A.R.S. § 25-403.02: Parenting plans
• A.R.S. § 25-403.03: Domestic violence and child abuse
• A.R.S. § 25-404: Temporary orders
• A.R.S. § 25-405: Interviews by court; professional assistance

These statutes establish Arizona's presumption in favor of maximum parent-child contact and provide the legal framework courts use to determine parenting arrangements. Understanding these statutes is crucial for any parent involved in a legal decision-making case.

Joint vs. Sole Legal Decision-Making in Arizona

Understanding the distinction between joint and sole legal decision-making is fundamental to Arizona family law. This determines who has authority to make major life decisions for your child:

What is Legal Decision-Making?

Legal decision-making (formerly called 'legal custody") is the authority to make major decisions about your child's:

• Education: School choice, special education services, tutoring
• Healthcare: Non-emergency medical treatment, surgery, therapy, medication
• Religion: Religious upbringing and participation
• Personal care: Extracurricular activities, summer camps, travel

Joint Legal Decision-Making

Joint legal decision-making means both parents share the authority to make major decisions. Arizona law presumes joint legal decision-making is in the child's best interests unless there are specific reasons against it.

Requirements for joint decision-making:

• Parents must consult and attempt to agree before making major decisions
• If parents disagree, they must use dispute resolution (mediation or parenting coordinator)
• Courts can assign specific decision-making categories to each parent to reduce conflict
• One parent may have final say in specific areas (e.g., Mom decides education, Dad decides healthcare)

Sole Legal Decision-Making

Sole legal decision-making gives one parent exclusive authority to make all major decisions without consulting the other parent.

Courts award sole legal decision-making when:

• History of domestic violence exists (A.R.S. § 25-403.03)
• Parents cannot communicate or cooperate effectively
• Geographic distance makes joint decision-making impractical
• One parent has substance abuse or mental health issues affecting judgment
• One parent has abandoned parental responsibilities

Common Misconceptions

Joint legal decision-making does NOT mean:

• Equal parenting time (you can have joint legal decision-making with any parenting time schedule)
• Parents must agree on everything (only major decisions, not day-to-day choices)
• One parent can prevent the other from making decisions during their parenting time

Sole legal decision-making does NOT mean:

• The other parent has no parenting time
• The other parent cannot be informed about the child's wellbeing
• Emergency medical decisions require consulting the other parent

Day-to-Day Decision Authority

Regardless of legal decision-making designation, each parent has authority during their parenting time to make routine daily decisions about:

• Meals and bedtimes
• Homework and daily routines
• Discipline and household rules
• Minor medical care (over-the-counter medication, bandaging cuts)
• Age-appropriate activities and entertainment

Relevant Statutes: A.R.S. § 25-401(3), A.R.S. § 25-403.01

Arizona Parent Information Program (PIP) - Mandatory for All Parents

Arizona law requires all parents involved in legal decision-making proceedings to complete the Parent Information Program (PIP). This is not optional - failure to complete PIP can delay or prevent your legal decision-making case from moving forward.

What is the Parent Information Program?

PIP is a state-mandated educational class designed to help divorcing and separating parents understand:

• How divorce and separation affect children emotionally and developmentally
• Age-appropriate responses to divorce
• Effective co-parenting communication strategies
• Conflict resolution techniques that protect children
• Legal and financial responsibilities of parenting after separation
• Resources available to help families through transition

Who Must Attend?

• Required: All parents in dissolution, legal separation, or legal decision-making modification cases involving minor children
• Timeline: Must complete within 45 days of being served with legal decision-making papers
• Both parents: Each parent attends separately (parents do NOT attend together)
• Exceptions: Cases involving domestic violence may have modified requirements

Program Details

• Duration: 4 hours of instruction
• Format: In-person or online options available
• Cost: Maximum $50 per person (may vary by provider)
• Fee waivers: Available for low-income parents who qualify for court fee deferrals
• Certificate: Provider issues completion certificate to file with court

Consequences of Non-Completion

Failing to complete PIP within 45 days can result in:

• Judge refusing to sign final legal decision-making orders
• Case delays and increased attorney fees
• Possible contempt of court charges
• Negative impact on legal decision-making determination (Factor #10 of best interests analysis)
• Additional court hearings and sanctions

What You'll Learn

Arizona's PIP curriculum covers:

• Children's developmental needs at different ages
• Common reactions to divorce: Anxiety, anger, guilt, confusion
• Parenting plan implementation: Making parenting time schedules work
• Communication skills: Business-like communication with co-parent
• Reducing conflict: Protecting children from parental disputes
• Financial responsibilities: Child support, medical expenses, education costs
• Legal process: What to expect in Arizona family court

Practical Benefit

While PIP is mandatory, many parents find it genuinely helpful. The program provides practical tools for co-parenting and helps parents focus on their children's needs during a stressful time. Courts view completion as demonstration of commitment to effective parenting.

Relevant Statutes: A.R.S. § 25-351 et seq., A.R.S. § 25-403(A)(10)

Arizona Best Interests of the Child Factors

Arizona courts must consider all relevant factors when determining what legal decision-making arrangement serves the child's best interests. A.R.S. § 25-403(A) lists 11 specific factors that courts must evaluate:

Temporary Legal Decision-Making and Parenting Time Orders in Arizona

Temporary orders (also called 'pendente lite' orders, meaning "pending litigation") establish parenting arrangements while your case is pending. These orders are often the first legal decision-making and parenting time arrangement families experience and can significantly impact your daily life.

When Temporary Orders Are Issued

Temporary orders can be requested:

• Immediately after filing for divorce or legal decision-making
• When parents separate before filing
• When there are safety concerns requiring immediate action
• To establish status quo while case proceeds to final hearing

Types of Temporary Orders

Routine Temporary Orders (With Notice):

• Both parents receive notice of hearing
• Both parents can present evidence and arguments
• Hearing typically scheduled within 2-4 weeks
• Court issues order after hearing both sides

Emergency Orders (Ex Parte):

• Issued without notice to other parent in true emergencies
• Governed by Arizona Family Law Rule 48
• Only granted when child faces imminent physical or emotional harm
• Temporary until full hearing can be held (usually within 5-10 days)
• High standard: must show immediate and irreparable injury

What Temporary Orders Can Address

A.R.S. § 25-404 allows temporary orders covering:

• Legal decision-making: Who makes major decisions pending trial
• Parenting time: Detailed schedule for each parent
• Primary residence: Where child primarily lives during case
• Child support: Temporary financial support
• Use of family home: Who lives in marital residence
• Restraining provisions: No interference with other parent's time

How Courts Decide Temporary Orders

Courts generally try to maintain the status quo (existing arrangement) unless there are safety concerns. Judges consider:

• Current living arrangements and stability
• Each parent's relationship with child
• Safety and wellbeing of child
• Practical considerations (work schedules, school, childcare)
• Any history of domestic violence or substance abuse

Duration and Effect

• How long they last: Until final decree is entered (can be months or years)
• Can be modified: If circumstances change significantly
• Not binding at trial: Judge at final trial is not bound by temporary orders
• Practical impact: Often become the basis for final orders due to established routine

Importance of Temporary Orders

Temporary orders are critical because:

• They establish the first official parenting schedule
• Children and parents adapt to the routine
• Courts are reluctant to disrupt established, working arrangements
• They can influence final legal decision-making determination
• They provide legal protection if other parent violates terms

Maricopa County Process

In Maricopa County Superior Court:

• Motion for temporary orders filed with Clerk's office
• Other parent served with motion and notice of hearing
• Hearing scheduled (typically 2-4 weeks out)
• Parents may attend in person or via videoconference
• Commissioner or judge issues ruling from bench or in writing
• Orders become effective immediately upon issuance

Relevant Statutes: A.R.S. § 25-404, ARFLP Rule 48

Mediation and Conciliation Services in Arizona

Arizona courts strongly encourage (and often require) mediation before contested legal decision-making trials. Mediation provides an opportunity to resolve legal decision-making disputes without the time, expense, and stress of trial.

What is Mediation?

Mediation is a confidential process where a neutral third-party mediator helps parents reach agreement on legal decision-making and parenting time. The mediator doesn't make decisions but facilitates productive communication and negotiation.

When Mediation is Required

In Maricopa County and most Arizona counties:

• Courts routinely order at least one mediation session before setting trial
• Judges expect parents to attempt good-faith settlement discussions
• Failure to participate in ordered mediation can result in sanctions
• Exception: Mediation not required in domestic violence cases where protective order exists

Maricopa County Conciliation Court Services

The Maricopa County Superior Court offers subsidized mediation through Conciliation Services:

Services Available:

• Mediation sessions: $100 per parent per 3-hour session
• Parenting conferences: $300 per person service fee
• Initial consultation: Assessment and resource referrals
• Parent education: Classes beyond PIP requirement

How to Access Conciliation Services:

• Call Conciliation Services to schedule intake appointment
• Complete financial affidavit for fee determination
• Attend separately scheduled intake meetings
• Schedule mediation session with both parents

Scheduling:

• Mediation sessions typically scheduled 4-8 weeks out
• Sessions held at courthouse or regional court centers
• Virtual/videoconference options available

Private Mediation

Parents can also hire private mediators:

• Cost: Typically $350-$600+ per hour
• Qualifications: Attorneys, mental health professionals, or trained mediators
• Flexibility: More scheduling options and session lengths
• Specialization: Some mediators specialize in high-conflict or special needs cases

What Happens in Mediation

A typical mediation session includes:

1. Opening: Mediator explains process and ground rules
2. Issue identification: Parents identify areas of agreement and disagreement
3. Discussion: Mediator facilitates discussion of each issue
4. Option generation: Parents brainstorm solutions
5. Negotiation: Working toward mutually acceptable agreement
6. Agreement drafting: Mediator documents agreed terms

Mediation Topics

Mediation can address:

• Legal decision-making (joint or sole)
• Parenting time schedules (regular and holidays)
• Transportation and exchange logistics
• Communication protocols between parents
• Extracurricular activities and expenses
• Vacation and summer schedules
• Dispute resolution procedures
• Right of first refusal provisions

Note: Mediation typically does NOT address child support calculations (handled separately).

Confidentiality

• Mediation communications are confidential and cannot be used at trial
• Mediator cannot testify about what was said in mediation
• Exception: Threats of harm or child abuse must be reported
• Only the final agreement (if reached) is disclosed to court

Consequences of Non-Participation

Refusing to participate in court-ordered mediation can result in:

• $200 no-show fee charged by court
• Sanctions including attorney fees
• Negative inference at trial (court views refusal unfavorably)
• Delay in trial setting

Success Rates

Mediation successfully resolves many custody disputes:

• Maricopa County reports 60-70% of cases reach partial or full agreement
• Even partial agreements narrow issues for trial
• Parents who mediate agreements report higher satisfaction than court-imposed orders
• Children benefit from reduced parental conflict

Relevant Statutes: A.R.S. § 25-381.01 et seq., Maricopa County Local Rules

Substance Abuse and Drug Testing in legal decision-making cases

Arizona law creates specific legal standards and procedures when substance abuse is an issue in legal decision-making cases. Understanding these provisions is critical if you or the other parent has a history of drug or alcohol use.

Statutory Presumption Against Substance Abusing Parent

A.R.S. § 25-403.04 creates a rebuttable presumption that a parent with recent substance abuse problems is unfit for sole or joint legal decision-making:

Presumption applies when parent has:

• Conviction for DUI within 12 months before legal decision-making petition filed
• History of abusing dangerous drugs, controlled substances, or alcohol
• Pattern of domestic violence involving substance abuse

This presumption can significantly impact legal decision-making outcomes. The affected parent has the burden of proving they should have legal decision-making authority despite the substance abuse history.

How to Overcome (Rebut) the Presumption

Parents can rebut the presumption by showing:

• Completion of treatment: Finished court-approved substance abuse program
• Clean testing record: 6+ months of negative drug/alcohol tests
• No recent convictions: No substance-related convictions for 5+ years
• Changed circumstances: Demonstrable life changes and sobriety maintenance
• No impact on parenting: Substance use did not affect ability to parent safely

Court-Ordered Drug and Alcohol Testing

Arizona courts have broad authority to order testing:

When Testing is Ordered:

• Allegations of current substance abuse
• History of DUI or drug-related convictions
• Concerns about child safety during parenting time
• Prior failed tests or treatment dropout
• Child reporting parent's use

Types of Tests:

• Urinalysis (UA): Detects recent use (2-5 days for most drugs)
• Hair follicle: Detects use over 90-day period
• Breathalyzer: Alcohol testing at exchanges or random times
• ETG/ETS testing: Detects alcohol metabolites up to 80 hours
• Oral swab: Quick screening for recent use

Testing Providers in Arizona:

• Averhealth (most commonly court-ordered provider)
• Southwest Labs
• Sonora Quest
• Other court-approved facilities

Testing Procedures and Frequency

• Random testing: Call daily hotline to see if testing required that day
• Scheduled testing: Regular weekly or bi-weekly appointments
• Witnessed collection: Monitored sample collection to prevent tampering
• Chain of custody: Documented handling of samples for court admissibility
• Results reporting: Provider reports directly to court and attorneys

Costs of Testing

• Tested parent typically pays all testing costs
• Urinalysis: $25-$50 per test
• Hair follicle: $100-$150 per test
• ETG alcohol test: $35-$75
• Breath tests: $15-$25
• Monthly costs can reach $200-$500+ depending on frequency

Consequences of Failed Tests

Positive test results typically trigger escalating consequences:

First Positive Test:

• Supervised parenting time required
• Increased testing frequency
• Court-ordered substance abuse evaluation
• Possible suspension of parenting time pending evaluation

Multiple Positive Tests:

• Loss of unsupervised parenting time
• Suspension of all parenting time until completion of treatment
• Loss of legal decision-making authority
• Contempt of court charges
• Requirement to complete inpatient treatment

Diluted or Missed Tests:

• Often treated same as positive test
• Negative inference (court assumes you would have failed)
• Possible contempt charges

Impact on Custody and Parenting Time

Substance abuse issues affect custody in multiple ways:

• Legal decision-making: Usually awarded to non-using parent
• Parenting time: Initially supervised, progressing to unsupervised with clean tests
• Exchanges: May be required at police stations or with third parties
• Restrictions: No alcohol in child's presence, no use 12-24 hours before parenting time
• Treatment requirements: Completion of programs as condition of parenting time

Treatment and Recovery

Courts may order:

• Outpatient counseling (1-2 sessions per week)
• Intensive outpatient programs (3-5 days per week, 3+ hours per day)
• Inpatient treatment (30-90 day residential programs)
• AA/NA attendance with proof of participation
• Substance abuse evaluation and follow recommendations

Path to Restoration of Rights

Parents can regain full parenting rights by:

• Completing court-ordered treatment
• Maintaining 6-12 months of clean tests
• Demonstrating stable sobriety and lifestyle changes
• Successfully completing supervised parenting time period
• Filing motion to modify custody/parenting time
• Providing expert testimony about recovery and fitness

Relevant Statutes: A.R.S. § 25-403.04, A.R.S. § 25-403.03

Parenting Coordinators for High-Conflict legal decision-making cases

When parents have ongoing disputes about parenting time and decision-making implementation, Arizona courts can appoint a Parenting Coordinator - a professional who helps resolve day-to-day conflicts without repeated court filings.

What is a Parenting Coordinator?

A Parenting Coordinator (PC) is a court-appointed neutral professional who:

• Helps implement existing parenting plans and court orders
• Mediates disputes about day-to-day parenting issues
• Makes recommendations to court about ongoing conflicts
• Educates parents about child development and co-parenting
• Reduces need for repeated court hearings

Legal Authority

Parenting Coordinators operate under Arizona Rules of Family Law Procedure, Rule 74:

• Voluntary appointment: Both parents must stipulate (agree) to PC appointment
• Court order required: Judge enters order appointing PC and defining scope
• Limited authority: PC cannot change court orders, only help implement them
• Report to court: PC files periodic reports and recommendations

Who Qualifies as a Parenting Coordinator

Arizona requires PCs to be:

• Licensed attorney practicing in Arizona
• Licensed psychologist
• Licensed psychiatrist
• Licensed clinical social worker (LCSW)
• Completed specialized PC training
• Malpractice insurance coverage

When Courts Recommend Parenting Coordinators

PCs are appropriate for families with:

• High conflict: Frequent disputes requiring court intervention
• Communication breakdowns: Parents unable to discuss issues productively
• Repeated modifications: Multiple motions filed about same issues
• Compliance problems: Ongoing violations of parenting plan terms
• Complex schedules: Detailed plans requiring frequent coordination
• Special needs children: Requiring coordinated decision-making

What Parenting Coordinators Can Address

PCs have authority over day-to-day implementation issues:

Within PC Authority:

• Schedule changes and makeup parenting time
• Exchange locations and transportation
• Extracurricular activity participation and scheduling
• Communication protocols between parents
• Holiday and vacation schedule disputes
• Interpretation of ambiguous parenting plan provisions
• Minor adjustments to existing schedules

Outside PC Authority (requires court):

• Changing legal decision-making
• Modifying parenting time percentages
• Relocation decisions
• Child support calculations
• Major school or medical decisions (unless specifically authorized)

How the Process Works

1. Appointment: Both parents agree and court enters order
2. Initial meeting: PC meets with both parents to explain process
3. Ongoing availability: Parents contact PC when disputes arise
4. Investigation: PC gathers information from both parents
5. Decision or mediation: PC facilitates resolution or makes recommendation
6. Implementation: Parents follow PC guidance
7. Court reporting: PC reports to court about ongoing issues and compliance

Duration and Costs

Term of Appointment:

• Typically 1 year initially
• Can be extended by mutual agreement
• Either parent can request termination with court approval
• Automatically terminates when youngest child turns 18

Cost Structure:

• Hourly rates: $150-$350 per hour depending on professional background
• Retainer: Often require $2,000-$5,000 upfront retainer
• Cost sharing: Parents split costs equally unless court orders otherwise
• Annual cost: Typically $3,000-$10,000 per year total for both parents

Benefits of Parenting Coordinators

• Faster resolution than court hearings (days vs. months)
• Less expensive than repeated attorney fees and court costs
• Reduces stress on children from ongoing litigation
• Professional guidance about child development and parenting
• Accountability for both parents
• Neutral third party who knows family's history

Limitations and Challenges

• Both parents must agree to appointment (not court-ordered)
• Costs can be significant for ongoing services
• No enforcement power (must go to court for enforcement)
• Only effective if both parents participate in good faith
• Cannot resolve fundamental custody disputes

When to Consider a Parenting Coordinator

A PC may be right for your family if:

• You've filed 3+ motions about parenting plan implementation
• You cannot communicate with other parent without conflict
• Minor disputes keep escalating to court
• You want professional help implementing complex schedule
• Children are stressed by ongoing parental conflict
• You're both committed to making co-parenting work but need help

Relevant Statutes: ARFLP Rule 74

Legal Decision-Making Evaluations

When parents cannot agree on parenting arrangements, Arizona courts may order a professional legal decision-making evaluation to help determine the best interests of the child:

When Evaluations Are Ordered

• High-conflict legal decision-making disputes
• Allegations of abuse or neglect
• Mental health concerns about parents or children
• Complex family dynamics requiring professional assessment
• Relocation disputes

The Evaluation Process

A typical evaluation includes:

• Interviews: Separate meetings with each parent and child
• Home visits: Assessment of each parent's living environment
• Psychological testing: Mental health assessments if indicated
• Collateral contacts: Interviews with teachers, therapists, family members
• Record review: Medical, school, and legal records
• Parent-child observations: Watching interactions between parents and children

Choosing an Evaluator

Arizona has specific qualifications for legal decision-making evaluators:

• Licensed mental health professionals
• Specialized training in legal decision-making evaluations
• Knowledge of child development and family dynamics
• Understanding of Arizona family law

Preparing for Your Evaluation

• Organize relevant documents and records
• Prepare your home for visits
• Be honest and cooperative with the evaluator
• Focus on your child's needs and best interests
• Avoid disparaging the other parent

Grandparent and Third-Party Rights

Arizona recognizes that sometimes people other than biological parents may seek legal decision-making or visitation rights with children. The state has specific laws governing these situations:

Grandparent Visitation Rights

Arizona grandparents can petition for visitation when:

• Marriage of child's parents has been dissolved for at least three months
• A parent has been deceased or missing for at least three months
• Child was born out of wedlock

Courts consider grandparent visitation when it's in the child's best interests and doesn't significantly interfere with the parent-child relationship.

Third-Party Rights (In Loco Parentis)

Non-parents may seek legal decision-making when they've acted in loco parentis (in place of a parent):

• Requirements: Must have formed a parent-like relationship with the child
• Duration: Relationship must have lasted substantial period
• Parental consent: Usually requires parent's acceptance of the relationship

Factors for Third-Party Rights

• Length and quality of relationship with child
• Physical and emotional needs of child
• Stability of proposed living arrangement
• Parent's fitness and involvement
• Child's attachment to third party

Legal Process

Third-party legal decision-making cases require:

• Petition filing with supporting evidence
• Proof of standing (legal right to seek legal decision-making)
• Best interests analysis
• Opportunity for parents to respond
• Possible legal decision-making evaluation