A Guide for Parents
When Arizona parents separate or divorce, one of the most emotionally complex legal issues involves parenting time—also known as visitation. Arizona courts are required to prioritize the child’s best interests above all else and understanding the parenting time statutes under ARS § 25-403 and ARS § 25-403.01 is key to protecting your rights as a parent.
What Is Parenting Time in Arizona?
Parenting time refers to the schedule outlining when a child spends time with each parent. Under ARS § 25-403, family courts evaluate a set of statutory factors to determine a parenting plan that serves the child’s best interests. The goal is to provide a safe, stable environment and foster substantial, frequent, meaningful, and continuing contact between the child and both parents.
This legal phrase comes from ARS § 25-403.01(D), which ensures that even when one parent is not awarded legal decision-making, they are still entitled to reasonable parenting time—unless doing so would harm the child.
Key Legal Frameworks: ARS § 25-403 and § 25-403.01
Under ARS § 25-403(A), courts must consider:
- The wishes of the child’s parents
- The child’s relationship with each parent, sibling, or other significant people
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- History of domestic violence, substance abuse, or child abuse
- The parent’s ability to foster a relationship with the other parent
In cases involving legal decision-making authority (formerly known as legal custody), ARS § 25-403.01(B) requires courts to also consider:
- Whether the parents agree on joint legal decision-making
- Whether any disagreement is unreasonable or based on non-child-related factors
- Each parent’s ability to cooperate in decision-making
- The logistical feasibility of joint decision-making
These criteria reflect Arizona’s commitment to child-focused outcomes and cooperative parenting whenever safely possible.
Is Equal Parenting Time Automatic?
While Arizona law supports the involvement of both parents, equal time is not guaranteed. If both parents are fit and available, courts may favor a near-equal split. However, the outcome depends on practical circumstances—work schedules, the child’s school needs, distance between homes, and any relevant safety concerns.
The court’s responsibility is not to create a 50/50 plan for fairness between parents, but to build a structure that benefits the child’s physical and emotional well-being.
What Is a Parenting Plan?
Parents in Arizona must submit a Parenting Plan during divorce or legal separation proceedings. The plan should outline:
- A detailed schedule for parenting time
- Procedures for holiday and vacation sharing
- Communication protocols between parents and children
- Transportation and exchange responsibilities
- Decision-making authority for legal, medical, and educational matters
If parents agree on the plan, the court is likely to approve it. If not, the court will decide based on statutory guidelines.
Modifying Parenting Time in Arizona
Under ARS § 25-411, a parent may request changes to the parenting time order if there’s been a substantial and continuing change in circumstances. This might include relocation, remarriage, changes in a child’s needs, or parental misconduct.
Work With Arizona Parenting Time Lawyers
At Rideout Law Group, we help parents across Scottsdale, Lake Havasu City, and throughout Arizona understand and exercise their parenting rights. Our attorneys draft customized parenting plans, advocate in family court, and pursue modifications when life circumstances evolve.
Whether you’re navigating divorce, legal separation, or a parenting dispute, we’re here to ensure that your child’s needs—and your parental rights—remain protected under Arizona law.
Contact Rideout Law Group
📍 Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
📞 (480) 584-3328
📍 Lake Havasu City Office
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
📞 (928) 854-8181