Arizona Parenting Plan
An Arizona parenting plan sets out legal decision-making and the parenting-time schedule two parents ask the court to approve under the best interests of the child standard. Attorney review available.
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Introduction
A parenting plan is a written agreement that sets out how two parents will share decisions about their children and the time the children spend with each parent, and it is used by parents who are divorcing, by parents who were never married, and by parents who need to change an existing order. Arizona does not use the word custody. Since 2013 the statutes use two terms: legal decision-making, which is the legal right and responsibility to make all nonemergency legal decisions for a child, including education, health care, religious training, and personal care (Arizona Revised Statutes Section 25-401(3)), and parenting time, which is the schedule of time during which each parent has access to a child at specified times (Section 25-401(5)). Legal decision-making can be joint or sole. An Arizona court determines legal decision-making and parenting time in accordance with the best interests of the child (Section 25-403(A)). Consistent with the child's best interests, the court is directed to adopt a parenting plan that provides for both parents to share legal decision-making and that maximizes their respective parenting time, and the court may not prefer a plan because of the parent's or child's gender (Section 25-403.02(B)). If the parents cannot agree, each parent must submit a proposed parenting plan, and the statute lists what the plan must contain (Section 25-403.02(A) and (C)). The plan is adopted inside the Superior Court decree or order. DocDraft builds your Arizona parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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A parenting plan is a written document in which two parents set out legal decision-making and a parenting-time schedule for their children, whether the parents are divorcing, were never married, or are changing an existing order.
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Arizona does not use the word custody; the statutes use legal decision-making, the right to make nonemergency decisions about education, health care, religious training, and personal care, and parenting time, the schedule of access (Arizona Revised Statutes Section 25-401).
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Legal decision-making in Arizona can be joint, shared by both parents, or sole to one parent, and the plan must designate which one applies (Arizona Revised Statutes Section 25-403.02).
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An Arizona court decides legal decision-making and parenting time by the best interests of the child (Arizona Revised Statutes Section 25-403(A)).
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Consistent with best interests, an Arizona court is directed to adopt a plan that lets both parents share legal decision-making and maximizes each parent's parenting time, with no preference based on a parent's or child's gender (Arizona Revised Statutes Section 25-403.02(B)).
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If Arizona parents cannot agree, each parent must submit a proposed parenting plan, and the statute lists the contents the plan must include (Arizona Revised Statutes Section 25-403.02(A) and (C)).
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In an Arizona dissolution, legal separation, annulment, or paternity case involving legal decision-making or child support, the court orders the parties to complete an educational program (Arizona Revised Statutes Section 25-352(A)).
Key decisions before you file
Before you file a Parenting Plan in Arizona, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Arizona Requirements for Parenting Plan
Legal Decision-Making and Parenting Time
Arizona does not use the word custody. It uses legal decision-making, the legal right and responsibility to make all nonemergency legal decisions for a child, including education, health care, religious training, and personal care (Arizona Revised Statutes Section 25-401(3)), and parenting time, the schedule of time during which each parent has access to a child at specified times (Section 25-401(5)).
Best Interests of the Child Standard
An Arizona court determines legal decision-making and parenting time in accordance with the best interests of the child (Arizona Revised Statutes Section 25-403(A)). Consistent with the child's best interests, the court is directed to adopt a plan that provides for both parents to share legal decision-making and that maximizes their respective parenting time, and it may not prefer a plan because of the parent's or child's gender (Section 25-403.02(B)).
Joint or Sole Legal Decision-Making
Legal decision-making in Arizona can be joint, shared by both parents, or sole to one parent. The parenting plan must designate legal decision-making as joint or sole (Arizona Revised Statutes Section 25-403.02(C)). Parenting time is set on a separate schedule and can be shared even where one parent holds sole legal decision-making.
Proposed Parenting Plan Required
If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan (Arizona Revised Statutes Section 25-403.02(A)). The court then adopts a parenting plan consistent with the child's best interests, inside the Superior Court decree or order.
Required Contents of the Plan
Under Arizona Revised Statutes Section 25-403.02(C), a parenting plan must include at least a designation of legal decision-making as joint or sole; each parent's rights and responsibilities for personal care and for decisions about education, health care, and religious training; a practical parenting-time schedule including holidays and school vacations; a procedure for exchanges; and a procedure to mediate or resolve disputes.
Communication and Review Procedures
An Arizona parenting plan must also set a procedure for the parents to communicate with each other about the child, a procedure for periodic review of the plan's terms, and a statement that each party has read, understands, and will abide by the notification requirements (Arizona Revised Statutes Section 25-403.02(C)).
Parent Education Program
In an Arizona dissolution of marriage, legal separation, annulment, or paternity case that involves legal decision-making or child support, the court orders the parties to complete an educational program, unless a statutory exception applies (Arizona Revised Statutes Section 25-352(A)). Check the local Superior Court for the approved provider in your Arizona county.
How the Plan Is Filed and Approved
Arizona has no single mandatory numbered statewide parenting-plan form. The parenting plan is drafted and submitted by the parents under Arizona Revised Statutes Section 25-403.02 and adopted inside the Superior Court decree or order once the court finds the arrangement is in the child's best interests. The Arizona Judicial Branch Self-Service Center publishes parenting-plan forms and guides.