Married Mothers
What you need to know.
Joint Legal Decision Making
Married mothers (and married fathers) have joint legal decision-making until a Court says otherwise. The parenting time schedule determines when each parent gets to see the children.
Equal Rights of the Father
In Arizona the law now recognizes the equal rights of fathers during separation and divorce. Courts in Arizona no longer follow the “tender years doctrine” where mothers were favored when it came to determining parenting schedules for young children.
Married parents are considered to have joint legal decision-making and equal access to the children. The courts cannot favor one parent over another based on gender, however, and must take the facts of each case into consideration when they make a decision.
You or your husband may also be required to pay child support for your child to the other parent. Child support is calculated according to many factors, including both you and your husband’s income and the parenting time schedule in effect.
Legal-Decision Making
Decision-making and parenting time can be handled in a variety of ways. You can have sole legal decision-making and equal parenting time. You can also have joint legal decision-making where one parent spends more than 50% of the time with the child. Thus, married parents are viewed equally in the eyes of the law until, and unless, evidence is presented to the Court that shows equal parenting time and/or joint legal decision-making are not in the child’s best interest.
Parenting Time
Parenting time for divorced couples can be an equal arrangement where the children live with each parent approximately the same amount of time. If one parent is the primary residential parent, he or she has more than 50% of the time with the children. So, the two choices are either equal parenting time or a primary residential parent who spends more than 50% of the time with the child.
Agreements with Father
If you are able to come to an agreement with the father of your child you are presumed to have joint legal decision-making and equal parenting time.
You are allowed to agree to an arrangement different than the presumed joint legal decision-making and equal parenting time that you already have.
You also may be able to come to an agreement on a number for child support to be paid or an agreement to waive payment of child support completely. Once an agreement is reached, it is only a matter of getting the correct documents together.
Whenever you are dealing with official documents it is a good idea to have experienced family law attorneys help you to make sure that everything is done correctly and that you understand the consequences of what you are signing.
No Agreements with Father
If you and your husband cannot agree on joint legal decision-making and/or a parenting plan, the Court will decide for you.
Conduct such as domestic violence, drug/alcohol abuse and criminal activity are good reasons for a Court not to grant joint legal decision-making and equal parenting time.
Important Update: The Alec and Lydia Act on June 22, 2026
Arizona law changed significantly for mothers dealing with domestic violence in custody cases.
When a court finds that domestic violence occurred, there is now a mandatory presumption that awarding legal decision making or parenting time to the abusive parent is contrary to your children’s best interests. This is no longer at the court’s discretion, it is mandatory.
What this means for you as a mother:
- If the father committed domestic violence and cannot rebut the mandatory presumption, he cannot be awarded joint or sole legal decision making over your children.
- The court must impose restrictions and limitations on his parenting time. Restrictions can include no access at all, limited time, no overnight time, supervised access only.
- The victim cannot be appointed as the supervisor of the abuser’s parenting time.
- The court must make written findings explaining its decisions when domestic violence is alleged at every stage, including temporary orders hearings.
- Coercive control includes financial abuse, isolation, surveillance, threats, and using the court system as a weapon. It is now legally recognized as domestic violence.
If domestic violence or coercive control has been part of your relationship, you need an attorney who understands this law. Tali handles every new client consultation personally.
Learn more about the Alec and Lydia Act → | What is coercive control?
