Arizona’s Parenting Time Laws
As a parent, you want to be able to spend a suitable amount of time with your child. Arizona parenting time orders are designed to ensure that both parents are able to be involved in their child’s life. Arizona courts presume that both parents are entitled to equal parenting time with their children. This presumption may be overcome if the court determines one of the parents is unfit to exercise equal parenting time. Factors such as significant domestic violence, substance abuse or mental health issues may cause the court to order less parenting time or supervised parenting time for one parent.
At The Law Office of Kristen Kaffer, PLLC in Phoenix, I represent parents who are divorcing or separating. As a family law attorney, I understand that time with your children is the most important thing in your life. I will seek to get the parenting time arrangement you are hoping for.
Parenting Time Plans In Arizona
There are many different kinds of parenting plans. Two common equal parenting time schedules involve week on/week off parenting time or an arrangement called a 5-2-2-5 parenting plan. For a 5-2-2-5 plan, the parents will alternate weekends with the children and also each have the children two days during the week. There are also many different “unequal” parenting time schedules. If one parent has more parenting time than the other parent, the parent with more time will be designated the “primary residential parent.” A “primary residential parent” might, for example, exercise parenting time during the entire school week and alternate weekends with the other parent. If one parent relocates out of Arizona, the parties will usually exercise a long-distance parenting time schedule, e.g., the “primary residential parent” might have the children during the school year and the other parent would spend summers with the children. The above are only some examples of the many different parenting plans exercised by divorced or separated parents in Arizona.
If the parents are unable to reach a parenting time agreement themselves, the court will step in and order a parenting plan. The court may employ experts to interview the parties and children. These experts will report back to the court their opinion on the matter. The court will consider the Best Interest of the Child Factors, enumerated in A.R.S. 24-403, to make a determination regarding parenting time and legal decision-making. A parenting plan generally cannot be modified for one year after it is entered into by the parties.
Frequently Asked Questions About Parenting Time In Pheonix
Arizona parenting time arrangements help support a child’s stability, well‑being and ongoing relationship with both parents. If you are going through a family issue and have concerns about parenting time, the following information can provide clarity about your situation.
Can parenting time in Arizona be modified after a court order is issued?
Yes. Court-issued parenting time orders may be modified in Arizona when a substantial and continuing change in circumstances occurs that affects the existing arrangement. A shift in a parent’s work schedule, a relocation that alters transportation demands or changes in the child’s developmental needs may justify seeking a modification.
Parents must request court approval because only a judge can legally revise an existing order. The court evaluates whether the new circumstances materially impact the child and whether the proposed changes support the child’s best interests. In some cases, courts may consider whether the parents have attempted to resolve scheduling issues before seeking judicial intervention.
What happens if one parent refuses to follow an Arizona parenting time order?
When a parent fails to follow a court‑ordered parenting time schedule, the other parent may file a request for enforcement. Courts treat violations seriously because they can disrupt the child’s routine and undermine the stability that the order was designed to provide. Possible consequences include makeup parenting time, financial penalties or other corrective measures the court finds appropriate.
Additionally, judges may order educational programs or impose additional requirements intended to prevent future violations. Repeated or intentional noncompliance can lead the court to consider stronger remedies to reinforce the importance of following the parenting plan.
At what age does a child’s preference factor into Arizona parenting time decisions?
Arizona does not set a specific age at which a child may weigh in on a parenting time schedule. Instead, state courts consider a child’s wishes when they demonstrate sufficient maturity to express a thoughtful and consistent preference. The judge will weigh the child’s viewpoint alongside other best‑interest factors. These include the child’s relationship with each parent, adjustment to home and school and each parent’s ability to meet the child’s needs.
While a child’s preference does not determine the outcome, it may carry meaningful weight when supported by maturity, reasoning and the overall circumstances of the case.
Speak With A Lawyer Today
For custody and visitation representation, call my Phoenix office at 602-922-1022 or contact me online.