Before You Start
This checklist helps parents prepare for an Arizona legal decision-making or parenting time case. It is useful for divorce cases, unmarried-parent cases, modification requests, mediation, temporary orders, and court hearings. Understand how domestic violence affects a child's best interests. This is an ever changing landscape in Arizona and it is important to know and understand how to protect your children.
Arizona Law Notes
Arizona courts determine legal decision-making and parenting time according to the best interests of the child. The statutory best-interests factors include the child's relationship with each parent, interaction with siblings and other important people, adjustment to home/school/community, the wishes of a child of suitable age and maturity, health of those involved, which parent is more likely to allow meaningful contact with the other parent, domestic violence or child abuse, coercion or duress, compliance with parent education, and false reporting issues.
Interactive Checklist
Work Through the Steps
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1. Define the Issues
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2. Gather Child Information
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3. Document Each Parent's Role
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4. Prepare Best-Interests Evidence
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5. Build a Proposed Parenting Plan
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6. Address Legal Decision-Making
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7. Prepare for Court or Mediation
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FAQs
Common Questions
What is the difference between legal decision-making and parenting time in Arizona?
Legal decision-making involves major decisions about the child. Parenting time is the schedule for when the child is with each parent.
Does Arizona automatically order 50/50 parenting time?
No. Arizona courts focus on the child's best interests. Equal or near-equal parenting time may work in some families, but it is not automatic in every case.
What does the judge look at in an Arizona custody case?
The judge considers all relevant best-interests factors, including the child's relationships, adjustment, health, safety, parent cooperation, and any domestic violence or child abuse.
Can text messages be used in a custody case?
Yes, they may be relevant if they show parenting arrangements, threats, refusal to cooperate, safety concerns, or decision-making problems. Organize messages carefully and avoid editing them in a misleading way.
Talk With Best Law Firm
Ready to Discuss Your Situation?
Your parenting plan can shape your child's daily life for years. Our Arizona family law team can help you prepare a strategy for legal decision-making, parenting time, and child-related disputes and modifications.
This checklist is for general educational purposes only and is not legal advice. Arizona family law can be fact-specific, and court procedures may vary by county. If you are preparing to file, respond, negotiate, mediate, or appear in court, speak with an Arizona family law attorney about your situation.