A parenting plan in Arizona is a court-approved document required under Ariz. Rev. Stat. § 25-403.02 that designates legal decision-making (joint or sole), sets a parenting time schedule including holidays, and details exchange procedures. Arizona courts must approve any plan based on the child's best interests, and the 60-day waiting period under Ariz. Rev. Stat. § 25-329 applies before finalization.
Key Facts: Arizona Parenting Plans and Divorce
| Factor | Arizona Requirement |
|---|---|
| Filing Fee (Petition) | $266–$360 depending on county (as of March 2026) |
| Waiting Period | 60 days after service (A.R.S. § 25-329) |
| Residency Requirement | 90 continuous days domiciled in Arizona (A.R.S. § 25-312) |
| Child Home-State Jurisdiction | 6 months residence (UCCJEA, A.R.S. § 25-1031) |
| Grounds | No-fault (irretrievably broken) |
| Property Division Type | Community property (equitable division) |
| Governing Statute | A.R.S. § 25-403.02 (parenting plans) |
| Best-Interests Standard | A.R.S. § 25-403 |
Filing fees as of March 2026. Verify with your local clerk before filing, as amounts change annually under Arizona Supreme Court Administrative Orders.
What Is a Parenting Plan in Arizona?
A parenting plan in Arizona is a legally binding document that establishes how separated or divorcing parents will raise their child, governing both legal decision-making and parenting time. Under Ariz. Rev. Stat. § 25-403.02, the plan must serve the child's best interests, and Arizona judges cannot finalize a divorce involving minor children without an approved plan in place.
Arizona abandoned the term "custody" in 2013, replacing it with two distinct concepts: legal decision-making and parenting time. Legal decision-making refers to the authority to make major decisions about a child's education, healthcare, religious training, and personal care, as defined in A.R.S. § 25-401. Parenting time refers to the schedule that determines when the child is physically with each parent. A complete custody agreement Arizona courts will approve must address both concepts in writing, along with procedures for resolving future disputes. The plan becomes a court order once the judge signs it, meaning violations can be enforced through contempt proceedings.
What Must an Arizona Parenting Plan Include?
Under Ariz. Rev. Stat. § 25-403.02(C), an Arizona parenting plan must contain at minimum five mandatory elements: a designation of legal decision-making as joint or sole, each parent's rights and responsibilities for personal care and decisions, a practical parenting time schedule including holidays and school vacations, a procedure for child exchanges, and a dispute-resolution method.
The statute is specific about required components. Every parenting plan Arizona courts approve must include a designation of legal decision-making, a description of each parent's rights regarding education, health care, and religious training, and a detailed parenting time schedule covering holidays and school breaks. The plan must also specify a procedure for periodic review, a procedure for resolving disputes (often mediation), and a statement that each party has read their obligations regarding the Prevention of Domestic Abuse. Arizona courts will not approve a plan that omits these statutory elements. If parents cannot agree on any single element, A.R.S. § 25-403.02(B) directs the court to determine that element based on the child's best interests, without preferring either parent based on gender.
Required Elements Checklist
- Legal decision-making designation (joint or sole)
- Each parent's rights and responsibilities for personal care
- Decision authority for education, healthcare, and religious training
- A practical parenting time schedule (the co-parenting schedule)
- Holiday and school-vacation schedule
- Child exchange procedure (location and transportation responsibility)
- Dispute-resolution and periodic-review procedures
- Domestic abuse prevention statement
How Do Arizona Courts Decide Legal Decision-Making?
Arizona courts award legal decision-making based on the child's best interests under Ariz. Rev. Stat. § 25-403, weighing factors including each parent's relationship with the child, the child's adjustment to home and school, and which parent is more likely to allow frequent contact with the other. The court may order joint or sole legal decision-making under A.R.S. § 25-403.01.
The best-interests analysis in A.R.S. § 25-403 requires judges to consider at least eight enumerated factors. These include the past, present, and potential future relationship between each parent and the child; the child's interaction with siblings and others; the child's adjustment to home, school, and community; the wishes of a child of suitable age and maturity; the mental and physical health of all individuals; which parent is more likely to allow frequent, meaningful, and continuing contact; the nature of any coercion or duress used to obtain an agreement; and whether either parent falsely reported child abuse. In contested cases, the court must make specific findings on the record explaining why its decision serves the child's best interests. A judge may award sole legal decision-making to one parent while still granting the other reasonable parenting time, because the two concepts are legally separate under Arizona law.
What Are the Types of Parenting Time Schedules in Arizona?
Arizona courts strongly favor equal parenting time as the starting point, with the Arizona Supreme Court's Plan 12 providing a model 50/50 schedule for children ages 3 to 18. Common equal-time rotations include the 3-4-4-3 schedule, the alternating-weeks schedule, and the 2-2-3 schedule, each dividing the calendar roughly in half between both parents.
Under A.R.S. § 25-403.02(B), the court must adopt a plan that maximizes each parent's parenting time consistent with the child's best interests. Equal parenting time is the practical default in most Arizona cases. The 3-4-4-3 schedule rotates the child between parents in alternating three- and four-day blocks across a two-week cycle. The alternating-weeks schedule gives each parent seven consecutive days. The 2-2-3 schedule rotates two days with one parent, two with the other, and a three-day block that alternates weekly. When equal time is not appropriate—for instance, with very young children or significant distance between homes—the Arizona Supreme Court publishes age-graduated model plans. A workable parenting time schedule accounts for school proximity, work schedules, and the child's developmental needs.
Comparison of Common Arizona Parenting Time Schedules
| Schedule | Rotation Pattern | Best For |
|---|---|---|
| Plan 12 (Equal) | Splits each week and weekend | Ages 3–18 where both parents shared care |
| 3-4-4-3 | 3 days / 4 days alternating | Parents living close, school-age children |
| Alternating Weeks | 7 days each | Older children, longer distances |
| 2-2-3 | 2 / 2 / 3 rotating weekly | Younger children needing frequent contact |
| Alternating Weekends | One parent weekdays, other alternate weekends | Long-distance or work-constrained parents |
How Are Holidays Handled in an Arizona Parenting Plan?
In Arizona parenting plans, the holiday schedule takes priority over the regular parenting time schedule, and parents typically alternate major holidays by year—one parent gets Thanksgiving in even years, the other in odd years. Winter break and Christmas are commonly rotated annually, while each parent usually keeps the child on the parent's own birthday.
Holidays operate as an overlay that supersedes the standard co-parenting schedule. A well-drafted visitation schedule addresses each major holiday explicitly to prevent disputes. Thanksgiving, Christmas, winter break, spring break, and the child's birthday are typically alternated on a yearly basis, so each parent enjoys roughly half of each holiday's celebrations over a two-year cycle. Three-day weekends tied to Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Labor Day, and Columbus Day generally stay with whichever parent normally has the child during that period. Summer vacation travel commonly grants each parent two non-consecutive weeks, exercised when school is out. Mother's Day and Father's Day are assigned to the respective parent every year regardless of the rotation. Because holiday provisions override the regular schedule, clear written language prevents the most common source of post-divorce conflict.
How Do You File a Parenting Plan in Arizona?
To file a parenting plan in Arizona, parents submit it with their Petition for Dissolution of Marriage at the Superior Court Clerk in their county of residence, paying a filing fee between $266 and $360 as of March 2026. If parents cannot agree, each submits a proposed plan and the court determines disputed elements under A.R.S. § 25-403.02(B).
The filing process begins at the Clerk of the Superior Court in the county where you reside. At least one spouse must have been domiciled in Arizona for 90 continuous days before filing, a jurisdictional requirement under A.R.S. § 25-312. For child custody jurisdiction, the child must generally have lived in Arizona for six months under the UCCJEA, A.R.S. § 25-1031. After filing and serving the petition, a 60-day cooling-off period under A.R.S. § 25-329 must pass before the court can finalize the divorce. Parents with minor children must also complete the mandatory Parent Information Program, which costs approximately $50 per parent. If both parents agree on a co-parenting schedule, they submit one joint plan; if they disagree, each files a proposed parenting plan and the judge resolves the contested elements after a hearing.
Arizona Divorce Filing Fees by County (as of March 2026)
| County | Petition Fee | Response Fee |
|---|---|---|
| Maricopa (Phoenix) | $349–$360 | Matches petition |
| Pima (Tucson) | $266 (no children) / $311 (with children) | Matches petition |
| Apache | $256 | $167 |
| Pinal | ~$232 (initial appearance) | Matches petition |
Fees as of March 2026 and authorized under A.R.S. § 12-284. Verify exact amounts with your local clerk, as counties add local fees by Board of Supervisors resolution. Fee waivers reduce costs to zero for petitioners receiving SSI, TANF, or SNAP benefits.
Can You Modify an Arizona Parenting Plan?
Yes, an Arizona parenting plan can be modified, but Ariz. Rev. Stat. § 25-411 generally requires a substantial and continuing change in circumstances, and a parent usually cannot petition to modify legal decision-making within one year of the prior order unless the child's environment seriously endangers their physical, mental, moral, or emotional health.
Modification protects children from disruptive, repeated litigation while allowing changes when life circumstances shift. Under A.R.S. § 25-411, qualifying changes may include a parent's relocation, remarriage, a significant change in the child's needs, or documented parental misconduct. The one-year waiting period before modifying legal decision-making does not apply where domestic violence or child abuse is involved, in which case a parent may petition at any time. Parenting time adjustments face a lower threshold than legal decision-making changes and can sometimes be modified more readily. A parent seeking to relocate a child out of state, or more than 100 miles within Arizona, must provide 45 days' advance written notice under A.R.S. § 25-408, allowing the other parent to object. Courts evaluate all modification requests against the best-interests standard in A.R.S. § 25-403.
What Happens If Parents Cannot Agree on a Parenting Plan?
If Arizona parents cannot agree on a parenting plan, each parent submits a separate proposed plan under Ariz. Rev. Stat. § 25-403.02(B), and the court determines every disputed element based on the child's best interests. The judge will not favor either parent's plan because of the parent's or child's gender, and contested cases require specific written findings.
When parents reach an impasse, Arizona courts typically order intervention before trial. Many counties require mediation or a settlement conference through Conciliation Court, where a $65 fee per party may apply in counties offering the service. Courts may also appoint a parenting coordinator, a court-appointed advisor, or a best-interests attorney to investigate and recommend an arrangement. If disputes persist, the judge holds an evidentiary hearing and applies the A.R.S. § 25-403 best-interests factors, making findings on the record for each relevant factor. The court can order sole or joint legal decision-making and craft a parenting time schedule it determines serves the child, even if neither parent's proposal is adopted in full. Because litigation is costly and unpredictable, most Arizona parents benefit from negotiating a co-parenting schedule cooperatively before reaching trial.
How Does Domestic Violence Affect an Arizona Parenting Plan?
Under Ariz. Rev. Stat. § 25-403.03, evidence of significant domestic violence creates a rebuttable presumption against awarding sole or joint legal decision-making to the perpetrating parent. The court must consider the safety and well-being of the child and the abused parent as primary factors when crafting any parenting plan.
Arizona law treats domestic violence as a serious factor that overrides the general preference for equal parenting time. When the court finds a parent has committed an act of domestic violence, A.R.S. § 25-403.03 establishes a rebuttable presumption that awarding that parent legal decision-making is contrary to the child's best interests. The perpetrating parent must prove, by a preponderance of the evidence, that the arrangement is nonetheless in the child's best interests. Even where some parenting time is granted, the court may order supervised exchanges, supervised parenting time, or completion of a domestic violence offender treatment program. A.R.S. § 25-403.10 addresses safe exchange locations for families with safety concerns. If you or your child face immediate danger, call 911 or contact the National Domestic Violence Hotline at 1-800-799-7233, which operates 24/7 and is confidential.