Parenting time is the Arizona statutory term for the schedule of time during which each legal parent has the child physically present with them. It replaced older language like visitation and physical custody in Arizona law. Using the current statutory term in all filings and orders is important for clarity and enforceability.
Parenting time is decided based on the child's best interests under A.R.S. § 25-403. Arizona does not presume that equal parenting time is always in the child's best interests. The court looks at the specific child, the specific family, the distance between homes, the parents' work schedules, the child's school and activity needs, and all other relevant circumstances.
Under the Alec and Lydia Act, effective June 22, 2026, when domestic violence has occurred there is a mandatory presumption that awarding parenting time to the abusive parent is contrary to the child's best interests. To obtain unsupervised parenting time the abusive parent must overcome that presumption by clear and convincing evidence. To obtain even supervised parenting time the standard is preponderance of the evidence. The child's preference to see the abusive parent is expressly irrelevant to this analysis.
Parenting time is separate from legal decision making but the same presumptions apply as outlined above. Changes in parenting time require a showing of a substantial and continuing change in circumstances and must wait for one year unless it is concerning health and safety of the child. The court applies the best interests analysis to any proposed modification.
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