You agree on the change. Now make sure the paperwork works.
Your child starts a new school. One parent’s work schedule changes. The Sunday evening exchange no longer makes sense. Sometimes both parents see the problem and agree on a solution.
That cooperation can make the process easier. It does not mean the existing order has rewritten itself. A lasting change should identify exactly what changes, what stays in place, and when the new arrangement begins. For Scottsdale parents with a Maricopa County case, there is a court process for submitting an agreed modification.
Best Law Firm can help you review the current order, work through the details, and prepare a proposed modification that addresses your child’s needs. Even a friendly agreement deserves careful attention. The point is to keep a solved problem from becoming the next disagreement.
A signed agreement and a court order are different
Under Arizona Rule of Family Law Procedure 69, qualifying agreements can bind the parents, including agreements in writing signed by the parties or their attorneys. But an agreement does not bind the court until the court approves it as provided by law. Signing the document is an important step; entry of the new order is another.
If your existing plan permits occasional agreed schedule changes, you may be able to accommodate a particular weekend within those terms. Keep a clear written record of that arrangement. A permanent change to the weekly schedule, decision-making authority, or support deserves a review of the order and the appropriate court filing.
Be careful with a text saying, “We will just keep doing this.” Does it cover one month or the entire school year? Does it end if a work assignment changes? Does it affect holidays? Those questions are much easier to answer while you still agree.
Identify what you are actually changing
Start with the signed decree and every later order. A parenting plan attached to an older decree may already have been changed by a subsequent ruling.
- Parenting time: The days, overnights, exchanges, holidays, and school breaks the child spends with each parent.
- Legal decision-making: Responsibility for major decisions, such as education and health care. A new work schedule does not necessarily require changing this authority.
- Child support: The payment obligation and related terms. A different parenting schedule can call for a support review, but it does not itself change the support order. See A.R.S. § 25-327.
Describe why the change helps your child. Arizona modification decisions generally involve a material change in circumstances affecting the child’s welfare, followed by a best-interests analysis. The published Backstrand v. Backstrand decision explains that two-step inquiry. A brief, factual explanation is more useful than simply stating that both parents want something different.
Put the agreement on a calendar before signing it
Take a sample month and mark every exchange. Then test a holiday weekend and a school break. If two provisions assign the same afternoon to different parents, fix the conflict now.
A workable modification should answer:
- Which existing paragraphs are replaced, and which remain in effect?
- What is the first date of the new schedule?
- Where does each exchange occur, at what time, and who transports the child?
- What happens when school is closed on a normal exchange day?
- Do holidays and vacations override the regular schedule?
- How will parents request temporary changes and confirm agreement?
For example, “Wednesday after school” needs an alternative for teacher workdays. “Every other weekend” needs a starting weekend. “We will split winter break” needs a dividing date and time. Good drafting makes the plan usable without a new negotiation every week.
Check the full plan against A.R.S. § 25-403.02. Arizona requires more than a calendar, including decision-making terms, communication and dispute procedures, and required notifications.
Review filing limits before submitting the agreement
A.R.S. § 25-411(A) generally prohibits a motion to modify a legal decision-making or parenting-time decree during the first year after the decree, subject to statutory exceptions. It includes an exception for serious endangerment, permits certain requests based on domestic violence or abuse after a joint order, and allows a noncompliance-based request six months after a joint order. The order, requested relief, and applicable procedure need individual review, including when parents agree.
A parenting-time-only request has a narrower procedural distinction: § 25-411(O), as amended in 2026, exempts it from the enhanced affidavit and adequate-cause screening requirement. That exception does not erase every modification rule or automatically waive the one-year limitation.
What the Maricopa County agreement process involves
The court’s modification by agreement resources provide forms and instructions for parents who agree and will sign the documents. Choose the packet that matches whether legal decision-making, parenting time, and child support are changing.
- Gather the existing orders. Include the case number and any amended parenting or support orders.
- Prepare the agreement and proposed order. Make the requested changes consistent throughout all attachments.
- Address support if needed. Provide the required financial information and worksheet rather than assuming that equal time means no support.
- Follow the current signing and filing instructions. Check the packet for verification, copies, fees, and submission requirements.
- Read the entered order. Confirm the effective date and update the shared calendar to match what the judge actually approved.
If an order comes from another state, or a parent and child have moved away, confirm which court can modify it before filing. Scottsdale residence alone does not answer that question.
Agreement does not remove safety concerns
If domestic violence or coercion affected the agreement, tell your attorney before signing. The Alec and Lydia Act took effect as an emergency measure on June 22, 2026. It strengthened Arizona’s domestic-violence protections, including the presumption against awarding legal decision-making or parenting time to a parent found to have committed domestic violence. An unrebutted presumption continues in later modification proceedings. A friendly-looking stipulation does not remove those protections. Read the enacted law.
Bring existing protective orders and any supervised-contact conditions to the review. Changes to those provisions need particular care. Your child’s safety and a clear, workable arrangement should remain at the center of the discussion.
Common questions
Do we need a contested hearing if we both agree?
Not every agreed modification requires a contested hearing. The court still reviews the submission and may request corrections, more information, or an appearance. Complete papers and a clear proposed order can reduce avoidable delays, but approval and timing depend on the case.
Can one lawyer represent both parents?
Do not assume that cooperation means one attorney represents both of you. The engagement should make clear whom the attorney represents. Each parent should have an opportunity to obtain independent advice before accepting terms that affect decision-making, parenting time, or support.
What should I bring to a consultation?
Bring the current decree, parenting plan, later orders, a list of proposed changes, a sample calendar, and relevant school or work schedules. If support may change, bring current income information and the existing support worksheet and order.
What if we agree on the schedule but disagree about support?
Identify the issues you have resolved and the issues still open. A parenting-time agreement should not inaccurately say that the entire case is settled. Your attorney can discuss documenting a partial agreement and addressing the remaining support question through the proper process.
Arizona law and further reading
These sources support the legal information on this page. Court procedures and the law can change; your circumstances determine how they apply.
- Maricopa County Superior Court: Modification by agreement
- Arizona Rule of Family Law Procedure 69
- A.R.S. § 25-403.02: Parenting plans
- A.R.S. § 25-411: Modification
- 2026 Arizona Laws, Chapter 263: Alec and Lydia Act
- Backstrand v. Backstrand, 250 Ariz. 339 (App. 2020)
- A.R.S. § 25-327: Modification of support
This page provides general information, not legal advice for a specific matter. Reading it or contacting Best Law Firm does not establish an attorney-client relationship. Speak with licensed counsel about your circumstances before signing an agreement or acting on legal information.