Parenting Time and Custody
Parenting Time and Custody
- Parenting time and legal decision-making are two separate but related issues in Arizona family law. Legal decision-making refers to a parent's authority to make major decisions regarding a child's education, healthcare, religious upbringing, and personal care. Parenting time refers to the schedule that determines when the child resides with each parent. Arizona law recognizes that, absent evidence to the contrary, children generally benefit from having substantial, frequent, meaningful, and continuing contact with both parents.
- When determining parenting time and legal decision-making, Arizona courts are required to consider the best interests of the child pursuant to A.R.S. § 25-403. The Court evaluates numerous factors, including the child's relationship with each parent, the child's adjustment to home, school, and community, the mental and physical health of the parties, each parent's ability to foster a positive relationship between the child and the other parent, and any history of domestic violence, substance abuse, or child abuse. No single factor controls the outcome, and the Court's primary objective is to establish an arrangement that promotes the child's safety, stability, and overall well-being.
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