Legal Decision-Making and Parenting Time
This section discusses the court processes around legal decision-making, which refers to a parent’s authority to make major decisions about their child’s life, and parenting time, which establishes when and how each parent spends time with children.
What is legal decision-making?
Legal decision-making is the authority to make decisions about a child or the child’s major life issues. This includes things like education, medical care, and religion.
Legal decision-making is the current, legal term for what used to be “legal custody” in Arizona.
There are two primary types of legal decision-making authority:
Joint legal decision-making is when both parents make major life decisions about the child together.
Sole legal decision-making is when one parent is given the authority to make major life decisions about the child.
What is parenting time?
Parenting time is the amount of time each parent is allowed to spend with the child or children. A child may live more with one parent, or equally with both parents.
Parenting time is the current, legal term for what used to be called “visitation” in Arizona.
Parenting time is set up using a plan.
The parenting time plan specifies when the child goes from one home to another and how the division of holidays or breaks from school, the ways the child communicates with one parent when staying with the other, and other logistical arrangements.
The court will decide who makes legal decisions and how much time each parent spends with the child, based on what is best for the child.
The court will look at:
- The past, current, and future relationship between the parent and the child.
- How the child interacts with parents, siblings, and other important people.
- How well the child is doing at home, school, and in the community.
- What the child wants, if they are old enough to understand.
- The mental and physical health of everyone involved.
- Which parent will let the child have regular and meaningful contact with the other parent, unless there is a good reason to protect the child from harm.
- If a parent mislead the court to delay, increase costs, or get an unfair advantage.
- If there has been any domestic violence or child abuse.
- If a parent used pressure or threats to get an agreement.
- If a parent followed certain legal requirements.
- If a parent was convicted of falsely reporting child abuse or neglect.
If parents are unable to agree on legal decision-making and on a parenting time plan, the court will evaluate the situation and attempt to make a decision in the child’s best interests and will look at all factors that are important to the child’s physical and emotional well-being.
How to file for legal decision-making and/or parenting time
To complete the forms for legal decision-making and/or parenting time, you will need to know:
- The name, address, and date of birth for the other parent.
- Whether or not paternity is established. This can be established by affidavit, birth certificate, blood test, or other reasons.
- Information about medical or other expenses related to the children.
- Information about the minor children, such as:
- If there are other court cases about the children, including other cases involving legal decision-making or parenting time,
- Where the children have been living for the past 5 years, or if they are under 5 years old, since birth, who they lived with,
- If anyone other than the parent indicated living with them, or if they are claiming any rights to the children.
Important things to know
The court charges a fee to file petitions for legal decision-making and parenting time. For those who meet certain criteria, it may be possible to get these fees waived (not have to pay) or deferred (pay later). For more information about fee waiver or deferral, visit: Fee Waivers and Deferrals
A child’s parent, grandparent, or sibling can file for visitation with the child. (Time someone who is not a parent spends with a child is still called “visitation.”)
If a child is in the care of the state or foster care and parental rights have not been terminated, parents have a right to visit the child. This type of visitation is established through Juvenile Court, not Family Court.
How to change a legal decision-making or parenting time order
When someone asks the court to change a legal decision-making or parenting time order, the change is called a modification.
To request a modification to a parenting time or legal decision-making order:
- There must have been a substantial and continuing change since the date of the last court order, and
- There cannot be a request to change court orders for one year after the orders are entered, unless a child’s physical, mental, or emotional health may be in danger.
Forms for requesting a modification of parenting time or legal decision-making are found here, by county. If your county’s forms are not listed, contact your county court for more information.
What if the other person does not obey the court order?
If the other person does not obey the legal decision-making or parenting time order, the parent who wants compliance can file a motion with the court. This is known as Enforcement.
Filing for enforcement is a good place to start when someone is not following family court orders, rather than just requesting to have the orders changed.
Find the proper forms for requesting enforcement in your county here. If your county’s forms are not listed, contact your county court for more information.
What if my plan will no longer work because I am moving or changing addresses?
If both parents have joint legal decision-making or parenting time by agreement or court order and both live in the state, they must give the other parent at least 45 days’ written notice before doing either of these things:
If you are moving with your child, you must send a notice to the other parent certified mail with a return receipt, or according to Arizona’s family law rules.
If a parent does not follow these notification rules without a good reason, the court will punish them, but any punishment that involves legal decision-making or parenting time must be in the child’s best interest.
Do I need to have a lawyer to file for legal decision-making rights or parenting time?
No, but a lawyer can be helpful. Many issues may have a safety impact for the child and may affect how the court handles legal decision-making or parenting time. Getting legal advice from an attorney about specific situations may be helpful to a parent wanting to address safety.
This topic can be complicated. You may want to talk to a legal professional for help.
This website shares general legal information. Some content may be simplified or may not reflect recent changes in law. If you need advice for your specific situation, you should talk to a legal professional.
This content was last updated on Oct 1, 2025.