Legal Decision-Making vs. Parenting Time in Arizona

If you’re searching for “custody” in Arizona, here’s the first thing to know: Arizona doesn’t use that word anymore. In 2013 the law replaced “custody” with two separate concepts — legal decision-making and parenting time — and understanding the difference between legal decision-making vs. parenting time is essential to understanding your rights as a parent. One is about authority (who decides); the other is about the schedule (who’s with the child when). They’re determined separately, and a parent can have a strong position on one and a different position on the other. Available 24/7 • Free confidential consultations • (480) 725-2257

The terminology change that confuses everyone

Until 2013, Arizona used “custody” — “legal custody” and “physical custody” — like most states. The legislature replaced those terms to move the focus away from parents “winning” or “owning” children and toward the practical decisions that actually matter. Today, Arizona law speaks of legal decision-making and parenting time, governed by A.R.S. § 25-401 and following. Many people still search and say “custody,” and judges and lawyers understand what they mean — but the legal documents and orders use the current terms, and the distinction matters.

Legal decision-making, explained

Legal decision-making is the legal authority to make the important, non-everyday decisions in a child’s life — what school they attend, what medical and dental care they receive, what (if any) religious upbringing they have, and significant personal-care matters. It is not about who decides bedtime or screen time on a given night; those everyday calls belong to whichever parent has the child at the time.

Joint legal decision-making

Both parents share the authority and must consult and agree on major decisions. This is common, and Arizona generally favors keeping both parents involved when they can cooperate. A joint arrangement can still designate one parent as the final decision-maker (a “tie-breaker”) in a specific area like education or medical care if the parents reach an impasse.

Sole legal decision-making

One parent holds the authority to make major decisions. Courts award sole legal decision-making when joint decision-making wouldn’t serve the child — for example, where there’s a history of domestic violence, substance abuse, an inability of the parents to cooperate at all, or where one parent is absent. Sole legal decision-making does not erase the other parent’s parenting time; a parent can have sole decision-making authority while the other parent still has substantial time with the child.

Parenting time, explained

Parenting time is the schedule — the actual calendar of when the child is in each parent’s care, including regular weeks, weekends, holidays, school breaks, and summer. Arizona public policy under A.R.S. § 25-103 favors substantial, frequent, meaningful, and continuing contact with both parents, unless that contact would endanger the child. Common arrangements range from roughly equal (such as alternating weeks or a 5-2-2-5 schedule) to one parent having the majority of overnights with the other having alternating weekends and a weeknight — but there is no single “default” schedule. The court crafts what fits the child’s best interests and the family’s circumstances.

How the court decides: best interests of the child

Both legal decision-making and parenting time are determined by the same overarching standard: the best interests of the child, set out in A.R.S. § 25-403. The court weighs a list of statutory factors, including:

• The past, present, and potential future relationship between each parent and the child
• The child’s relationship with each parent, siblings, and others who matter
• The child’s adjustment to home, school, and community
• The mental and physical health of everyone involved
• Which parent is more likely to support the child’s ongoing relationship with the other parent
• Whether there has been domestic violence or child abuse (a major factor that can override the preference for joint arrangements)
• The wishes of the child, if old and mature enough
• Whether either parent has acted in bad faith or misled the court

Domestic violence and substance abuse carry special weight — a finding of significant domestic violence creates a rebuttable presumption against awarding legal decision-making to the offending parent under A.R.S. § 25-403.03.

The parenting plan

Every Arizona case involving children requires a parenting plan — a written document setting out the legal decision-making arrangement, the parenting-time schedule, how the parents will make decisions and resolve disputes, how they’ll exchange the child, and how they’ll communicate. Parents can submit an agreed plan; if they can’t agree, each submits a proposed plan and the court decides. A clear, detailed parenting plan prevents conflict down the road, because it answers the questions that otherwise become fights.

Changing an order later

Legal decision-making and parenting time can be modified after the initial order when circumstances change. Generally, a request to modify legal decision-making or a substantial change to parenting time requires showing a material change in circumstances affecting the child’s best interests, and there are timing rules (often a one-year wait after the last order, with exceptions for endangerment). Minor schedule adjustments are easier to make than fundamental changes to decision-making authority.

Frequently asked questions

Is “custody” still used in Arizona?

Not in the law. Arizona replaced “custody” in 2013 with “legal decision-making” (authority over major decisions) and “parenting time” (the schedule). People still say “custody” in everyday conversation, and everyone understands it, but court orders and legal documents use the current terms.

What’s the difference between legal decision-making and parenting time?

Legal decision-making is the authority to make major decisions about a child’s education, health care, religion, and personal care. Parenting time is the schedule of when the child is physically with each parent. They are decided separately — a parent can have one without an equal share of the other.

Does joint legal decision-making mean equal parenting time?

No. They’re separate. Parents can share joint legal decision-making while having an unequal parenting-time schedule, and vice versa. Joint decision-making is about consulting on big decisions, not about counting overnights.

Can my child choose which parent to live with?

Not unilaterally. The court may consider the wishes of a child who is old enough and mature enough to express a reasoned preference, but the child’s preference is one factor among many — not the deciding vote. There’s no specific age at which a child gets to choose in Arizona.

What if the other parent won’t cooperate on decisions?

Persistent inability to cooperate on major decisions is exactly what can justify sole legal decision-making or a designated tie-breaker. Document the pattern, and raise it with the court — an inability to communicate and cooperate is a recognized basis for moving away from joint decision-making.

How is parenting time enforced if the other parent violates it?

Arizona provides enforcement mechanisms, including makeup parenting time, mediation, and in serious cases contempt proceedings. A parent who is repeatedly denied court-ordered parenting time can ask the court to enforce the order.

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• Arizona Family Law — Full Overview