This guide can give you a place to start your research when you have a case involving parenting time. When the court issues an order regarding parenting time this affects the days/times each parent has access to their child(ren). The schedule can differ during the school year and summertime, and includes holidays. Parenting time differs from legal decision-making (referred to in other states as “legal custody”). Legal decision-making is about which parent is allowed to make major decisions for the child(ren) such as healthcare, schooling, personal care, and religious training.
"Parenting time " means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care. ARS §25-401(5)
“Parenting Plan” means a schedule setting forth the time that each parent will have physical custody of a child and the responsibility to provide the child with adequate care and make routine decisions for the child. ARS §25-401(5)
"Visitation" means a schedule of time that occurs with a child by someone other than a legal parent. ARS §25-401(7)
Arizona Revised Statutes §§ 25-401 through 25-417: These Arizona statutes govern parenting time.
Arizona Revised Statute §25-403.02: This statute outlines what is required in a parenting plan.
Arizona Revised Statute §25-411(A): This statute outlines when/how someone may modify their existing parenting time order.
Arizona Revised Statute §25-416: This statute outlines how a conviction of sexual assault affects parenting time rights.
Arizona Rules of Family Law Procedure, Rule 23: Describes the initial petition and response in a family court action.
Arizona Rules of Family Law Procedure, Rule 91.3: Describes the procedure for modifying a court order for parenting time.
The Superior Court in Maricopa County has created forms that you can use to establish parenting time. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.
Establish Parenting Time - Use these forms if you already have a court order for only child support and want a court order for parenting time, but not legal decision-making.
Pre-Decree Temporary Orders - Use these forms when you have an ongoing case for a divorce, legal separation, or establishing paternity and/or legal decision making, or parenting time but you also need a temporary order while the case proceeds.
Modify Parenting Time - Use these forms if you have an existing parenting time order from the court that you would like to change.
Post-Decree Temporary Orders with Notice – Use these forms when you are filing to modify and also want to ask the Court for an interim order while the modification is in process.
Post-Decree Temporary Orders without Notice – Use these forms if there is an emergency affecting the health or safety of the child and you need the Court to enter an order without giving notice to the other parent first.
Enforce Parenting Time Order - Use this form if you have a court order for parenting time and the other party is not following the order.
Adams, Elizabeth A., et al. "Women's Experience of Motherhood, Violations of Supervision Requirements and Arrests." 57 British Journal of Criminology 1420 (2017).
Akins, Faren R. “Child custody and shared parenting in Arizona.” Eau Claire, WI: National Business Institute: Eau Claire, WI. 2005. KFA2504.6 .A33. Available at the Downtown Phoenix Law Library.
Armstrong, Mark, McAuliffe, Daniel, et al, Arizona Practice: Arizona Family Law Rules Handbook (Volume 13). Thomson Reuters, KFA 2494 .A73. Also available on Westlaw
AZ Court Help Parenting Plan Examples. AZCourthelp.org; Arizona Bar Foundation. Phoenix, AZ. 2022.
Beaver, Lindsay. "The Uniform Deployed Parents Custody and Visitation Act: Lessening the Burden of Deployment for Our Military Families." 36 GP Solo 16 (March/April 2019).
Benton, Kourtney. "Best Interest of the Child Standard: Tracie F. v. Francisco D." 12 Journal of Civil Law Studies 305 (2019).
Brown, M. L. “The many looks of physical custody: parenting plan for every situation.” 43 Family Advocate 13. (2021).
Burke, Anna, et al. "Child Custody, Visitation & Termination of Parental Rights." 21 Georgetown Journal of Gender and the Law 201 (2020).
Cantor, I., and Smith, C. M., Arizona Practice: Marriage Dissolution Practice (volumes 3). Thomson Reuters, KFA 2500 .S65. Also available on Westlaw.
Creighton, C. A., Arizona Legal Forms: Domestic Relations (volumes 4, 4A). Thomson Reuters, KFA 2468 .A75. Also available on Westlaw.
Jacob, T. A. Arizona Practice: Community Property Law (volumes 4). Thomson Reuters, KFA 2497 .S44. Also available on Westlaw
McBratney, Madison. "How to Stay-at-Home When You Have Two Homes: Covid-19's Effect on Co-Parenting and Child Custody." 33 Journal of the American Academy of Matrimonial Lawyers 225 (2020).
Nielsen, L. “Parenting time & shared residential custody: ten common myths.” 16 Nebraska Lawyer 5. (2013).
Parness, Jeffrey A. "International Child Relocations from U.S. States." 56 University of Louisville Law Review 37 (2017).
Perry, Elizabeth S. "On Children's Rights to Be Heard in Custody and Support Matters." 2020 International Survey of Family Law 303 (2020).
Planning for Parenting Time: Arizona’s Guide for Parents Living Apart. Court Services Division; Arizona Supreme Court. Phoenix, AZ. 2013. En español aquí.
Pearson, J. (2015). Establishing parenting time in child support cases: new opportunities and challenges. 53 Family Court Review 246.
Saini, Michael, and Shely Polak. "The Benefits, Drawbacks, and Safety Considerations in Digital Parent-Child Relationships: An Exploratory Survey of the Views of Legal and Mental Health Professionals in Family Law." 56 Family Court Review 597 (2018).
Saini, Michael, et al. "When Supervision Becomes the Only Plan: An Analysis of Long-Term Use of Supervised Access and Exchange Services after Separation and Divorce." 55 Family Court Review 604 (2017).
Schubert, Erin C., et al. "Visiting Mom: A Pilot Evaluation of a Prison-Based Visiting Program Serving Incarcerated Mothers and Their Minor Children." 55 Journal of Offender Rehabilitation 213 (2016).
Strasser, Mark. "Custody, Visitation, and Parental Rights under Scrutiny." 28 Cornell Journal of Law and Public Policy 289 (2018).
Things You Should Know About Legal Decision-Making and Parenting Time. Court Services Division; Arizona Supreme Court. Phoenix, AZ. 2014. En español aquí.
Walker, Jamie. "The Evolution of Extended-Family, Court-Ordered Visitation." 73 NW Lawyer 24 (January 2019).
This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County.
You may contact a reference librarian as follows:
email: services@jbazmc.maricopa.gov
chat: https://superiorcourt.maricopa.gov/llrc/
in person: 101 W. Jefferson, Phoenix
You may contact the Law Library Resource Center at:
phone: 602-506-7353
locations: https://superiorcourt.maricopa.gov/llrc/llrc-locations/
Last update: 1/5/2023