What Is The Most Common Custody Schedule In Arizona?

Having children and raising a family together can be among the greatest joys of a successful marriage. When the marriage suffers a breakdown, in some cases the partners are able to work together to come up with a custody schedule that allows both parents to spend quality time with their children. In other instances, it becomes necessary for an Arizona family court to issue a decision regarding parenting time. As divorcing partners approach negotiations over their Arizona parenting plans, it may be helpful to develop an idea of some of the most common custody schedules used in the state, as a starting point for their own discussions. Parents navigating conversations about their child custody arrangements may also find it helpful to speak with an experienced Arizona family law attorney. You can reach Sullivan Shick today by calling (480) 719-2558.

What Is the Parenting Schedule in Arizona? 

In Arizona, divorcing couples who have children together are required to file a parenting plan with the family court handling their case as part of the divorce proceedings. The preference is always for the parents to come to a custody-sharing arrangement on which they can both agree and which they will then submit jointly to the court for its approval. If the parents are unable to agree, however, § 25.403.02 Ariz. Rev. Stat. (2023) specifies that each parent must submit their own parenting plan. The family court judge will then develop a parenting plan, taking each parent’s proposal into consideration but focusing on the best interests of the child (or children) as the primary goal of any custody arrangement. 

The court’s decision will be binding on both parties. While custody decisions are sometimes appealed, or in some cases may be modified due to a substantial change in either parent’s circumstances, in general, Arizona families can expect to abide by the terms of the custody order issued as part of the decree granting the petition for dissolution of marriage for years to come – a reality which serves to underscore the value of negotiating effectively prior to filing proposed parenting plans with the Arizona family court. 

What Is the Most Popular Schedule for Child Custody? 

The Arizona Courts provide a guide to parenting plans with several of the most common custody schedules laid out in easy-to-reach charts. Divorcing parents can use these sample parenting schedules as a starting point for generating ideas for their own discussions as they consider what might work well. The charts are labeled by the age ranges for which they are most popular or most often appropriate, but taking into account each child’s interests and personality and the dynamics of each parent-child relationship will also be important. 

Many families will have more than one child who needs to make the transition between households on a regular schedule, which can also affect the timing of custody exchanges. If there is a substantial age gap between children – for instance, if one child is a young teen and another is not yet ready to start school – it may make sense to put the children on separate custody schedules, even if maintaining more than one parenting time rotation is not ideal for the parents. On the other hand, if the siblings are close in age then working to develop a single parenting plan that works “well-enough” for all members of the family may help to reduce stress for all involved while building needed consistency and stability for the children. 

Is Arizona a 50/50 Custody State? 

Generally speaking, Arizona courts prefer to take an equal division of parenting time and responsibilities as the “default” premise for an ideal custody arrangement. However, an exactly equal split may not be realistic in all circumstances. Considerations that can affect the feasibility of 50/50 parenting time include: 

• The age of the child or children: Very young children may find it difficult to make rapid rotations between households, and in some instances (such as the infant child of a breastfeeding mother) the parents may need to work together and with the Arizona family court to develop a custody schedule that may be modified as the child gets older and his or her needs change. 
• The working schedule of each parent: The impact of parental work schedules may interact with the age of the children, as younger children – particularly those not yet of an age to begin school – may need more hours per day of parental supervision than children whose own schedules can be expected to keep them on their school’s campus for most of the time each parent is at work. 
• The distance between houses:Frequent custody exchanges can be problematic for a variety of reasons, but they may pose a particular problem if one parent lives outside the bus routes for their child’s school, or so far from the school that bringing the child to and from the school campus several times per week is not a practical possibility. Distance here may interact with parental working schedules, as the distance that is realistic for a parent to commute may depend to some extent on the hours during which they are available to make the drive. 

An experienced Arizona family law attorney with Sullivan Shick may be able to help you evaluate how these considerations could apply to your divorce and child custody case.

Legal Decision-Making vs. Parenting Time 

Arizona parents often have questions about the relationship between legal decision-making responsibilities and parenting time, also known as legal custody and physical custody, respectively. For both categories, Arizona family courts have the authority to award sole custody or joint custody. Physical custody generally refers to what Arizona courts call “parenting time”: This is the type of custody most people have in mind when they refer to a custody “schedule.” Legal “custody,” on the other hand, is referenced in Arizona law as “decision-making,” and covers the right (and responsibility) that each parent has to make important decisions about their child’s upbringing, education, medical care, and other similar considerations. 

Arizona courts may award joint legal decision-making even if one parent has sole physical custody under the parenting time schedule established in the final divorce decree. When the court awards joint legal decision-making, in general the responsibility is presumed to be equally shared. Importantly, however, even when a court awards sole legal decision-making authority, and even though legal decision-making does encompass important considerations about the child’s upbringing, Ariz. Rev. Stat. (2023) § 25.403.01 specifies that an award of sole legal decision-making does not authorize the parent with sole legal custody to make changes to the parenting time schedule ordered by the court. 

Speak With an Arizona Family Law Attorney

If you have questions about establishing parenting time orders or how to adapt one of the most common custody schedules to suit your family’s needs, consider speaking with an Arizona attorney experienced in child custody cases. At Sullivan Shick, we understand parents’ concerns and prioritize working with our clients to help them navigate the complexities of custody schedules and parenting plans. Depending on your situation, we may be able to help you negotiate with your partner to develop a parenting plan arrangement through divorce mediation, or we may be able to advocate for your interests – and your child’s interests – during formal court proceedings. Call (480) 719-2558 today to schedule your consultation with a member of our experienced and dedicated team.