Presumption of Equal Parenting Time in Arizona

In a divorce or separation, legal issues surrounding children are among the most complicated and emotionally contentious. Parenting time (often known as physical custody) and legal decision-making rights (often known as legal custody) in Arizona are issues that may be settled by parents through negotiation or may need to be argued in court. In many custody cases, both parents want what is best for their children. However, parents may disagree on what that is, or there may be serious issues at play.

When possible, Arizona courts prefer that children spend equal time with both parents. Equal parenting time is not automatic, however, nor is it a presumption made by Arizona courts. If a parent proves to the court that the other parent is engaging in certain actions and behaviors that are not in the child’s best interests, the court may limit or remove their right to custody and visitation.

It’s important that parents understand the laws regarding equal parenting time. In some situations, equal time is a beneficial outcome for you and your children. If you and your spouse are able to create a parenting plan outside of court, it can save you time and energy. Whether you’re advocating for a custody plan through mediation or litigation, a child custody attorney is an invaluable asset.

How Do You Enforce Parenting Time in Arizona?

In order to enforce parenting time, it must be a court order. If you and your co-parent determined custody through the court, then parenting time is already enforceable. If you and your spouse negotiated a parenting time and legal decision-making plan through mediation, then the agreement must be submitted to the court to be enforceable. The judge will review the agreement and ensure it is in the child’s interests and not unfair to either party and then enter it into the court as an order. Then, the order can be enforced if either parent fails to comply with the terms.

A court order can be enforced through law enforcement or by filing a motion with the court. Enforcing an agreement through law enforcement is likely to upset children. Filing a Motion to Enforce Parenting Time with the court may allow a parent to be held in contempt of court.

Do Unmarried Parents Have Equal Rights in Arizona?

If unmarried parents have established paternity for their child, then they have the same parental and custody rights to their child as a married couple. The court will still consider the child’s best interests to be the primary indicator of a desired parenting agreement. Paternity can be acknowledged with a signature by both parents or through a court hearing if one parent is unwilling to sign.

If paternity is not established, then the parent who gave birth to the child has sole parental rights and responsibilities.

The other biological parent has no legal rights or responsibilities until paternity is proven. This means that they have no right to visitation, custody, or adoption. They also have no responsibility for child support.

Once paternity is proven, then the court assumes both parents have equal parental rights and the responsibility to care for the child unless proven otherwise.

Is There a Presumption of Equal Parenting Time in Arizona?

There is not a presumption of equal parenting time in Arizona, but instead, an informal assumption by the court that equal parenting time is a beneficial solution if it’s in the child’s best interests. It is worth noting that Arizona’s Appellate Court ruled in a child custody case, Gonzales-Gunter v. Gunter, that there is no presumption of equal parenting time. Thus, the only official court policy is to maximize time with both parents, and this policy is not a legal presumption.

Under the policy to maximize parenting time if possible, parenting time should be:

Parenting time, according to this policy, should be maximized with both parents. This policy doesn’t refer to equal parenting time as an expectation.

However, even though there is no presumption of equal parenting time, a judge can order equal parenting time. It may be an informal assumption by the court that equal parenting time is beneficial to children. If both parents are able to care for their child, it is in the child’s interests, and equal parenting time is a feasible option, the court may order it.

If a parent wants to limit their co-parent’s parenting time, they must prove to the court that it’s not in the child’s best interests. Because the court policy is to maximize a child’s time with both parents, the burden of proof rests on the parent who wants to limit their co-parent’s time with the child.

What Is Rule 69 in Arizona?

A Rule 69 Agreement is a family law agreement that allows parties to negotiate their disputes through mediation. This is a significantly more private way of handling disputes like custody and parenting time and can be less stressful for both parents and children. Mediating a Rule 69 Agreement also prevents unnecessary expenses in litigation.

Negotiating an agreement between co-parents through the help of a third-party mediator shows that both parties can work together in their child’s interests. It also proves that they may be able to effectively manage and communicate during an equal parenting plan. These agreements may cover visitation, child support, parenting time, and legal decision-making. They may also cover other aspects of separation or divorce, such as spousal support and division of property.

Once a Rule 69 Agreement is drafted, it is read before the court. If the agreement is reasonable and in the child’s interest, the judge will approve the agreement. Then, only disputes that can’t be resolved through mediation will go through litigation.

Arizona Family Court and Parenting Time

The court primarily considers the best interests and welfare of the child when crafting a parenting plan.

The court determines the interests of the child based on several factors, including:

These impact a child’s interests, and the court can alter parenting plans based on what it believes is in the child’s interests. The court does not have to find a dangerous or unsafe environment in order to limit parenting time. However, serious actions such as abuse or domestic violence may restrict a parent’s parenting time to an arrangement like a supervised visitation.

Whether the court requests the child’s input depends on whether the court considers their opinion to be an intelligent preference. Ultimately, the court will make the final decision. The court works to maximize the time that a child spends with each parent unless it goes against the child’s safety, welfare, and interests in one of the above categories.

The Arizona court generally prefers it when parents can work together to create a parenting plan, but that is not always possible. If you and your co-parent are able to show that you’re working in your child’s interests, even if you can’t work together, the court will likely prefer an equal parenting time plan. However, if you feel that your co-parent is unsafe or unable to care for your child, you must prove this to the court. The most effective way to advocate for your interests and your child’s interests is with a qualified child custody attorney.

At What Age Can a Child Refuse to See a Parent in Arizona?

A child can only refuse a court-ordered visitation or custody schedule when they turn 18. Before that time, the court may take into account a child’s preference, but it is not required to. If the court believes the child to be of suitable age and maturity in their preference, the child’s wishes are more likely to impact the court’s decision. The closer a child is to 18, the more likely their wishes will be considered in a parenting time and custody arrangement.

When Will the Court Negate Equal Parenting Time?

The court will consider it not in a child’s interest to award equal parenting time if certain serious behaviors on the part of one parent can be proven. Though the interests of a child are based on numerous factors, these actions or behaviors will severely limit the parenting time a co-parent is able to receive.

These behaviors include:

The burden of proving these actions rests on the parent attempting to limit the amount of time the other parent has with the child. Once proven, the court considers time with a violent or neglectful parent to be against a child’s interests.

Benefits of Equal Parenting Time in AZ

Most often, it is in the best interests of a child to spend quality and continued time with both of their parents. Equal parenting provides several psychological and developmental benefits for children than a sole custody arrangement.

There are several benefits to equal parenting time when it is in the child’s interest.

When both parents can enjoy the quality time they’re spending with their children, an equal parenting plan can benefit the entire family.

Challenges of Equal Parenting Time in AZ

There are also complications to an equal parenting plan, and not every family’s situation will allow for a parenting plan. It’s important to consider how your family’s ability to communicate and adapt will impact custody arrangements.

An equal parenting time plan requires the following:

If parents don’t live close enough to each other, an equal parenting plan may be unrealistic to implement.