Key Takeaways
- Arizona law uses the terms legal decision-making and parenting time instead of "custody" and "visitation."
- The court's primary focus is always the best interests of the child when making decisions.
- A detailed Parenting Plan is required in all cases involving children.
- Both parents must complete a mandatory parenting class.
- Tools like Clarity Divorce can help you create a comprehensive and compliant Parenting Plan without the high cost of attorneys.
Navigating a divorce in Arizona when children are involved means understanding a unique set of laws and terminology. If you are just starting the process, our guide on explains the two paths your case may take. The state has moved away from traditional "custody" battles to a more child-focused approach centered on co-parenting and shared responsibility. This guide will walk you through everything you need to know about legal decision-making and parenting plans in Arizona, empowering you to create a stable and loving environment for your children post-divorce.
Arizona's Modern Approach: Legal Decision-Making and Parenting Time
First, it is important to understand that Arizona law has updated its terminology to better reflect the roles of parents. What many people still call "custody" is now referred to as legal decision-making, and "visitation" is called parenting time. This shift in language is intentional; it emphasizes the responsibilities of parenting rather than the possession of a child.
- Legal Decision-Making: This refers to the authority to make the major, non-emergency decisions for your child. This includes choices about education, healthcare, religious upbringing, and personal care.
- Parenting Time: This is the schedule that outlines when each parent has the children in their care. During their parenting time, each parent is responsible for the child's daily needs, including food, shelter, and routine decisions.
Types of Legal Decision-Making: Sole vs. Joint
The court can award legal decision-making in two ways: sole or joint.
Joint Legal Decision-Making
Arizona courts presume that joint legal decision-making is in the child's best interest. This means both parents have an equal say in the major decisions affecting the child. For joint decision-making to work, parents must be able to communicate and cooperate effectively. It does not necessarily mean a 50/50 split in parenting time, but rather a shared responsibility for the big-picture decisions.
Sole Legal Decision-Making
In some situations, a court may award sole legal decision-making to one parent. This is typically reserved for cases where there is a history of domestic violence, substance abuse, or one parent is deemed unfit or unable to make sound decisions. The parent with sole legal decision-making authority can make major decisions without consulting the other parent.
The "Best Interests of the Child" Standard
Every decision a judge makes regarding children in a divorce is guided by one principle: the best interests of the child. Arizona Revised Statute (A.R.S.) § 25-403 outlines the specific factors the court must consider. These include: