For divorcing or separating parents in Arizona, determining a parenting schedule is often a key part of the process. The court’s responsibility is to establish a plan that prioritizes the child’s best interests while ensuring meaningful relationships with both parents, when possible. In the blog below, our team of family law experts here at Simon Law Group explore how Arizona courts evaluate and decide on parenting time schedules, according to state laws and legal precedents.
Legal Framework for Parenting Schedules in Arizona
The foundation for parenting time decisions in Arizona is based on Arizona Revised Statutes (A.R.S.) § 25-403 and § 25-403.02(B). These laws require the court to adopt a parenting plan that not only allocates time between parents but does so in a way that is practical and focuses on the child's best interests. While maximizing parenting time for each parent is an important consideration, it cannot supersede the primary objective of safeguarding the child’s welfare.
Additionally, Arizona public policy supports frequent, substantial, and meaningful parenting time with both parents whenever possible. However, courts retain discretion, guided by evidence and analysis of several factors, to determine what arrangement best serves the child's needs.
Key Statutory Factors for Determining Parenting Schedules
A.R.S. § 25-403 outlines specific factors courts must consider in determining parenting schedules, which include but are not limited to:
The relationship between the child and each parent.
The child's adjustment to home, school, and community.
The mental and physical health of all individuals involved.
Each parent’s willingness to support the child’s bond with the other parent.
Past instances of domestic violence or neglect, if any.
Each case is unique, and decisions are made based on evidence presented and tailored to reflect the child’s individual circumstances.
Parenting Time and Visitation Rights
Parenting time refers to the schedule during which a parent has access to the child. During their designated parenting time, each parent is responsible for the child’s food, clothing, shelter, and general well-being (A.R.S. § 25-401(5)).
While the standard presumption is that parenting time should be shared wherever possible, certain exceptions exist. Courts may restrict or limit parenting time if it is determined that unrestricted access could seriously endanger the child’s physical, mental, moral, or emotional health, as per A.R.S. § 25-411(J). Such restrictions often include supervised visitation or other measures to protect the child.
High-Conflict Cases and Special Situations
Cases involving high levels of conflict, allegations of abuse, or neglect often require additional intervention and consideration. For instance:
Therapeutic Reunification: This approach involves progressive, step-by-step interaction between the parent and child, often under the guidance of professionals, to rebuild trust or protect the child’s well-being.
Supervised Visitation: When necessary, courts may require supervised visitation to ensure the child’s safety while still allowing a relationship with the parent.
These specialized arrangements are designed with the child’s emotional and physical health as a top priority.
Balancing Parental Wishes with the Child’s Best Interests
Arizona courts recognize the importance of considering the parents’ preferences. However, case law underscores that parental desires cannot override the child’s best interests. According to Gonzalez-Gunter v. Gunter, 249 Ariz. 489, the superior court has discretion to weigh what is suitable for the child based on evidence.
For example, while a parent may request more significant parenting time during school holidays or vacations, the court will evaluate how such arrangements impact the child’s routine and developmental needs. Ultimately, the court’s focus remains on creating a structure that fosters stability and nurtures the child’s physical and emotional well-being.
Practical Parenting Schedules in Arizona
Standard Schedules
Courts often rely on flexible but structured schedules that accommodate the child’s age and developmental stage. Suggestions from the Arizona Supreme Court’s Parenting Guidelines include:
Parents alternating weeks or weekends.
A 5-2-2-5 schedule, allowing each parent consistent blocks of time.
Adjustments for holidays, school breaks, and special occasions.
Special circumstances.
For teenagers with extracurricular activities or independent schedules, courts may recommend plans allowing for flexibility, such as alternating weekends and limited mid-week visits. The guide also stresses the importance of communication and cooperative decision-making between parents when creating or modifying schedules.
Can Parenting Schedules Be Modified?
Yes. However, modifying a parenting plan requires evidence of a significant change in circumstances that materially affects the welfare of the child (A.R.S. § 25-411). For instance, this could include relocation, changes in the child’s needs, or a parent’s inability to fulfill responsibilities under the current plan. Courts will reassess the factors outlined in A.R.S. § 25-403 to determine whether the proposed changes align with the child’s best interests.
Building a Parenting Plan with Professional Guidance
Navigating Arizona’s family law system can be overwhelming. A clear, well-thought-out parenting plan is key to reducing disputes and ensuring your child’s well-being. At Simon Law Group, our experienced family attorneys provide guidance tailored to your unique needs. Whether you’re working toward a mutually agreed-upon plan or resolving disputes in court, we’re here to advocate for you and your family’s best interests.
If you’re undergoing a divorce or separation and need expert legal advice, contact us to get started with a free consultation today.
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