PARENTING PLAN & CHILD CUSTODY AGREEMENT

(Arizona – Comprehensive Form)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Allocation of Legal Decision-Making Authority
   3.2 Parenting Time Schedule
   3.3 Holiday & Vacation Schedule
   3.4 Transportation & Exchange Logistics
   3.5 Communication Protocols
   3.6 Right of First Refusal
   3.7 Relocation Notice & Procedure
   3.8 Health, Education & Religious Decisions
   3.9 Child Support & Financial Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

PARENTING PLAN & CHILD CUSTODY AGREEMENT (the “Agreement”) entered into as of [EFFECTIVE DATE] by and between [PARENT A LEGAL NAME] (“Parent A”) and [PARENT B LEGAL NAME] (“Parent B,” and together with Parent A, the “Parties”).

WHEREAS, the Parties are the parents of the minor child(ren) identified below (each, a “Child” and collectively, the “Children”);

WHEREAS, the Parties desire to establish a comprehensive parenting plan that serves the best interests of the Children pursuant to Ariz. Rev. Stat. § 25-403 (2023) and related provisions of Arizona family law; and

WHEREAS, this Agreement is intended to be incorporated into, and made an enforceable order of, the Superior Court of Arizona in and for [COUNTY] (the “Court”) in Cause No. [COURT CASE #] or any successor proceeding.

NOW, THEREFORE, in consideration of the mutual covenants herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Any term not defined herein shall have the meaning ascribed by applicable Arizona law.

“Agreement” – This Parenting Plan & Child Custody Agreement, including all exhibits and future amendments.
“Best Interest Factors” – The statutory factors enumerated in Ariz. Rev. Stat. § 25-403(A) (2023), as may be amended.
“Court” – The Superior Court of Arizona in and for [COUNTY], Family Department, or any successor court with competent jurisdiction.
“Exchange Location” – [SPECIFY ADDRESS OR “Neutral Exchange Point”].
“Legal Decision-Making” – The legal right and responsibility to make non-emergency decisions for the Children pursuant to Ariz. Rev. Stat. § 25-401(3).
“Parenting Time” – The schedule during which a Children are in the care of a parent pursuant to Ariz. Rev. Stat. § 25-401(5).
“Relocation” – A planned change in residence of a Child or either parent that is outside the minor’s current school district or more than 100 driving miles from the other parent, consistent with Ariz. Rev. Stat. § 25-408 (2023).
“School Vacation” – Any break identified on the official academic calendar for the Children’s school.

3. OPERATIVE PROVISIONS

3.1 Allocation of Legal Decision-Making Authority

a. Joint Legal Decision-Making. The Parties shall share joint legal decision-making authority respecting all major decisions (education, medical, religious, and extracurricular) concerning the Children, unless otherwise agreed or ordered.

b. Tie-Breaking Mechanism. If the Parties cannot reach agreement after good-faith discussion and mediation (see § 8.2), Parent [ A / B ] shall have limited tie-breaking authority solely for [SPECIFY DOMAIN, e.g., “educational decisions”].

[// GUIDANCE: Select “Sole Legal Decision-Making” language if ordered or agreed.]

3.2 Parenting Time Schedule

a. Regular Weekday/Weekend Schedule
• Parent A: [DAYS/TIMES]
• Parent B: [DAYS/TIMES]

b. Make-Up Parenting Time. Missed time for reasons other than emergency shall be made up within [30] days or as mutually agreed.

3.3 Holiday & Vacation Schedule

The Holiday & Vacation Schedule in Exhibit A supersedes the Regular Schedule. Unless otherwise specified, Holiday exchanges occur at [TIME] at the Exchange Location.

3.4 Transportation & Exchange Logistics

a. Transportation Responsibility. [ALLOCATE—e.g., “Parent beginning his/her time shall provide transportation.”]
b. Safety Restraints. All Children shall travel in age-appropriate child restraint systems.

3.5 Communication Protocols

a. Telephonic & Electronic Contact. The parent not exercising Parenting Time may have reasonable electronic contact [e.g., “once daily between 6–7 p.m.”].
b. Monitoring. Neither parent shall monitor or record such communications absent written consent or court order.

3.6 Right of First Refusal

If a parent is unable to exercise Parenting Time for more than [8] consecutive hours, that parent shall first offer the time to the other parent before arranging alternate childcare.

3.7 Relocation Notice & Procedure

a. Statutory Notice. A parent seeking Relocation shall provide the other parent 45 days’ advance written notice, via certified mail, return receipt requested, consistent with Ariz. Rev. Stat. § 25-408(A).
b. Objection & Stay. The non-relocating parent may, within 30 days of receipt, file a petition to prevent Relocation. Pending adjudication, neither parent shall relocate the Children absent written consent or court order.

3.8 Health, Education & Religious Decisions

a. Medical. The parent exercising Parenting Time may consent to routine medical or dental care; elective procedures require joint written consent. Emergencies are exempt, but the treating parent shall notify the other within [2] hours.
b. Education. School selection and significant educational decisions require joint consent; day-to-day homework oversight rests with the parent exercising Parenting Time.
c. Religion. The Children shall continue in the [SPECIFY—e.g., “Catholic faith” / “current religious tradition” / “no formal religious instruction”] absent joint written agreement to modify.

3.9 Child Support & Financial Matters

a. Child Support. Child support shall be determined in accordance with the Arizona Child Support Guidelines under a separate order.
b. Extraordinary Expenses. The Parties shall split uninsured medical, dental, and extracurricular expenses [%, e.g., 50/50] within [30] days of documented demand.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each parent represents that he or she has full legal capacity to enter into this Agreement and that no other person has superior custodial rights.

4.2 Compliance. Each parent warrants ongoing compliance with:
a. All Best Interest Factors and parenting standards required under Ariz. Rev. Stat. § 25-403;
b. Any existing protective orders; and
c. Mandatory reporting obligations relating to child abuse or neglect.

4.3 Accuracy. All information exchanged for purpose of this Agreement is true, complete, and correct to the best of each parent’s knowledge.

4.4 Survival. The representations and warranties herein survive execution and continue for the duration of the Children’s minority.

5. COVENANTS & RESTRICTIONS

5.1 Positive Co-Parenting. The Parties shall:
a. Encourage the Children’s love and respect for the other parent;
b. Refrain from derogatory comments about the other parent within earshot of the Children;
c. Exchange the Children with punctuality and civility.

5.2 Information Sharing. Each parent shall provide the other, within [5] days, copies of report cards, medical reports, activity schedules, and any notice of school disciplinary or academic issues.

5.3 Substance Use. No parent shall consume impairing substances within [X] hours before or during Parenting Time; possession of illegal substances in the Children’s presence is strictly prohibited.

5.4 Firearm Safety. Firearms shall be stored unloaded, trigger-locked, and inaccessible to the Children in accordance with A.R.S. § 13-3102(A)(4).

5.5 Travel Outside Arizona. Domestic travel exceeding [100] miles or any international travel requires [30] days’ written notice with itinerary and emergency contact information.

6. DEFAULT & REMEDIES

6.1 Events of Default. A parent is in default if he or she:
a. Fails to comply with Parenting Time provisions;
b. Violates relocation procedures;
c. Engages in conduct presenting imminent danger to the Children.

6.2 Notice & Cure. Except in emergencies, the non-defaulting parent shall provide written notice and [10] days to cure before seeking enforcement.

6.3 Remedies.
a. Compensatory Parenting Time as determined by the Court;
b. Contempt sanctions, civil fines, or attorney fees under A.R.S. § 25-414;
c. Modification of legal decision-making or parenting time;
d. Any other relief in the Children’s best interests.

6.4 Attorneys’ Fees. The prevailing party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each parent (“Indemnifying Parent”) agrees to indemnify, defend, and hold harmless the other parent (“Indemnified Parent”) from any loss, liability, or expense arising out of the Indemnifying Parent’s breach of this Agreement or negligent/willful acts that endanger the Children.

7.2 No Liability Caps. Given the paramount importance of child welfare, no limitation of liability shall apply to either parent’s obligations hereunder.

7.3 Insurance. Each parent shall maintain, at his or her sole cost, auto liability insurance meeting or exceeding Arizona statutory minimums, and shall provide proof upon request.

7.4 Force Majeure. Performance is temporarily excused for events beyond a parent’s reasonable control (e.g., natural disasters, serious illness), provided that parent gives prompt notice and reasonable alternative arrangements.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

8.2 Mediation Requirement. Except in emergencies, the Parties shall first attempt to resolve disputes through a mediator experienced in family law. The cost shall be split equally unless otherwise agreed.

8.3 Limited Arbitration. If mediation fails, non-binding arbitration [or “Parenting Coordinator”] may be employed by mutual written consent, subject to Court confirmation.

8.4 Court Jurisdiction. The Court retains exclusive jurisdiction to modify or enforce this Agreement. Jury trial is unavailable in family-court custody matters.

8.5 Injunctive Relief. Nothing herein limits either parent’s right to seek immediate injunctive relief for the safety of the Children or to prevent unauthorized relocation or interference with Parenting Time.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any modification must be in writing, signed by both parents, and approved by the Court to be enforceable. No waiver of any breach shall be deemed a waiver of future breaches.

9.2 Assignment. Custodial rights and obligations are personal and non-assignable.

9.3 Successors & Assigns. This Agreement binds the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable, and the invalid provision shall be reformed to effectuate the Parties’ intent.

9.5 Entire Agreement. This Agreement constitutes the entire understanding of the Parties with respect to parental rights and obligations and supersedes all prior agreements on this subject.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and delivered via electronic signature or facsimile with the same force and effect as an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Arizona
County of [COUNTY]

Subscribed and sworn before me on this _ day of _, 20__, by [NAME(S)].

Notary Public
My Commission Expires: _______

EXHIBIT A – HOLIDAY & VACATION SCHEDULE

[Insert detailed allocation for New Year’s, Spring Break, Mother’s/Father’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Winter Break, birthdays, etc.]

[// GUIDANCE: Adjust holiday definitions to align with local school calendars and family traditions.]

EXHIBIT B – SPECIAL CONDITIONS (IF ANY)

[Supervised parenting terms, therapy requirements, or other court-ordered provisions.]

[// GUIDANCE:
1. Review Ariz. Rev. Stat. §§ 25-403 through 25-408 to confirm statutory compliance where local amendments exist.
2. Adapt scheduling details (Sections 3.2–3.3) to client specifics; avoid ambiguous phrases such as “reasonable time.”
3. Ensure this Agreement is filed with, and incorporated into, the family-court decree to make it enforceable.
4. For military or out-of-state parents, incorporate Servicemembers Civil Relief Act considerations and specify virtual parenting protocols.]