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Frequent and Continuing Contact

September 20, 2022 Cindy Best

Frequent and continuing contact is the Arizona statutory policy favoring a child’s substantial, meaningful, and ongoing relationship with both parents after divorce or separation. It is sometimes described as the starting presumption in Arizona parenting cases — that children generally benefit from having both parents actively involved in their lives.

This presumption is not absolute. It can be overcome by evidence of domestic violence, child abuse, substance abuse, or other circumstances that make contact with a parent unsafe or contrary to the child’s best interests. The Alec and Lydia Act, effective June 22, 2026, explicitly states that when domestic violence is present the safety of the child and the victim is the highest priority and takes precedence over the frequent and continuing contact presumption.

Frequent and continuing contact is a policy statement not a specific schedule. What it means in practice depends entirely on the facts of each family. Equal time is one possible expression of it. A schedule weighted toward one parent with meaningful regular time for the other is another. The parenting plan translates the policy into the specific arrangement that serves this child in this family.

Using the presumption of frequent and continuing contact to argue that an abusive parent deserves access is one of the most common misapplications of this concept. The presumption does not override safety. It never did, and the new law makes that explicit.

 

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