Petition to Modify Legal Decision-Making or Parenting Time

STIPULATED AGREEMENT TO MODIFY LEGAL DECISION-MAKING AND/OR PARENTING TIME

State of Arizona
In the Superior Court of the State of Arizona
In and For the County of [________________________________]

Case No.: [________________________________]
ATLAS No.: [________________________________]

In Re the Matter of:

[________________________________], Petitioner/Parent A

and

[________________________________], Respondent/Parent B

ARIZONA-SPECIFIC NOTICE

Under Arizona law (A.R.S. § 25-401 et seq.), the terms "custody" and "visitation" have been replaced by "legal decision-making" and "parenting time." This Agreement uses Arizona's statutory terminology. Legal decision-making refers to the right to make major life decisions for a child (education, healthcare, religious training, personal care). Parenting time refers to the schedule of time each parent spends with the child.

I. BACKGROUND AND IDENTIFICATION

A. Existing Order Being Modified

This Stipulated Agreement modifies the following existing order(s):

• Original Order Title: [________________________________]
• Date of Original Order: [__/__/____]
• Court and Case Number: Superior Court of Arizona, [________________________________] County, Case No. [________________________________]
• Issuing Judicial Officer: Hon. [________________________________]

B. Minor Child(ren) Subject to This Modification

C. Current Arrangement Under Existing Order

• Current Legal Decision-Making: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
• Current Parenting Time Schedule: [________________________________]
• Current Primary Residence for School Enrollment: [________________________________]

II. STATUTORY BASIS FOR MODIFICATION

A. One-Year Waiting Period Compliance (A.R.S. § 25-411(A))

Arizona law prohibits modification of legal decision-making or parenting time within one year of the prior order's date, except as provided below. The Parents certify:

☐ More than one year has elapsed since the date of the existing order. The Parents agree that adequate cause exists to modify based on the changed circumstances described in Section II.B below.

☐ Less than one year has elapsed, but modification is warranted because the child's present environment may seriously endanger the child's physical, mental, moral, or emotional health (A.R.S. § 25-411(A)), as described: [________________________________]

☐ Exception — Domestic Violence (A.R.S. § 25-411(J)): At any time after a joint legal decision-making order is entered, a parent may petition for modification based on evidence that domestic violence involving a violation of A.R.S. § 13-1201 or § 13-1204, spousal abuse, or child abuse has occurred since entry of the order.

☐ Exception — Noncompliance (A.R.S. § 25-411(K)): Six months after a joint legal decision-making order is entered, a parent may petition for modification based on the other parent's failure to comply with the order's provisions.

B. Changed Circumstances Establishing Adequate Cause

Arizona requires that the moving party establish "adequate cause" through detailed facts (A.R.S. § 25-411(C)). The Parents stipulate that the following changed circumstances warrant modification:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. Best Interest Factors (A.R.S. § 25-403(A))

The Parents have considered and agree that this modification serves the child(ren)'s best interests under the following factors:

1. ☐ The past, present, and potential future relationship between the parent and the child
2. ☐ The interaction and interrelationship of the child with each parent, siblings, and any other person who may significantly affect the child's best interest
3. ☐ The child's adjustment to home, school, and community
4. ☐ If of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time
5. ☐ The mental and physical health of all individuals involved
6. ☐ Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent (A.R.S. § 25-403(A)(6) — the "friendly parent" factor)
7. ☐ Whether one parent, both parents, or neither parent has provided primary care of the child
8. ☐ The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time
9. ☐ Whether a parent has complied with Chapter 3, Article 5 of A.R.S. Title 25 (domestic relations education)
10. ☐ Whether either parent was convicted of an act of false reporting of child abuse or neglect under A.R.S. § 13-2907.02
11. ☐ Whether there has been domestic violence or child abuse (A.R.S. § 25-403(A)(8))

III. MODIFIED LEGAL DECISION-MAKING

A. Type of Legal Decision-Making After Modification

☐ Joint Legal Decision-Making — Both Parents share the right and responsibility to make major decisions regarding the child(ren)'s education, healthcare, religious training, and personal care. Neither parent's rights are superior except as specified below. (Note: Arizona presumes joint legal decision-making is in the child's best interests if requested by either parent, absent domestic violence findings — A.R.S. § 25-403.02(B).)

☐ Sole Legal Decision-Making to Parent A — Parent A shall have the exclusive right to make all major decisions. Parent A ☐ shall / ☐ is not required to consult with Parent B before making major decisions, but Parent A retains final authority.

☐ Sole Legal Decision-Making to Parent B — Parent B shall have the exclusive right to make all major decisions. Parent B ☐ shall / ☐ is not required to consult with Parent A before making major decisions, but Parent B retains final authority.

B. Allocation of Specific Decision-Making Authority (If Joint)

Even under joint legal decision-making, the Parents may allocate final authority on specific topics if they cannot agree after good-faith consultation:

C. Domestic Violence Considerations (A.R.S. § 25-403.03)

☐ Neither parent has committed an act of domestic violence as defined in A.R.S. § 13-3601.

☐ The court has found that [________________________________] committed an act of domestic violence. Under A.R.S. § 25-403.03(A), there is a rebuttable presumption that awarding sole or joint legal decision-making to the offending parent is contrary to the child's best interests. The offending parent has rebutted this presumption by: [________________________________]

☐ The court has found "significant domestic violence" pursuant to A.R.S. § 25-403.03(D). Joint legal decision-making shall not be awarded.

IV. MODIFIED PARENTING TIME SCHEDULE

A. Effective Date of New Schedule

The modified parenting time schedule shall take effect on [__/__/____].

B. Regular Parenting Time Schedule

Parent A's Parenting Time:
[________________________________]

Parent B's Parenting Time:
[________________________________]

C. Holiday and School Break Schedule

☐ The holiday schedule from the existing order remains unchanged.
☐ The holiday schedule is modified as follows:

D. Summer Vacation Schedule

[________________________________]

E. Transportation and Exchanges

• Exchange Location: [________________________________]
• Transportation Responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Meet at midpoint ☐ Other: [________________________________]
• Safe Exchange Location (if applicable per A.R.S. § 25-403.10): ☐ Not applicable ☐ Yes, exchanges shall occur at: [________________________________]

V. RELOCATION PROVISIONS (A.R.S. § 25-408)

The Parents acknowledge and agree to comply with Arizona's relocation statute (A.R.S. § 25-408):

1. A parent who intends to relocate with the child(ren) out of the State of Arizona or more than 100 miles within Arizona shall provide the other parent with written notice by certified mail, return receipt requested, at least 45 days before the proposed move.

2. The notice must include: the intended new address (or city and state if specific address is unknown), the date of the intended move, the reasons for the relocation, and a proposed revised parenting time schedule with transportation arrangements.

3. The non-relocating parent may petition the court to prevent relocation within 30 days of receiving notice.

4. Until the court rules, the existing parenting time schedule remains in effect.

VI. COMMUNICATION AND CO-PARENTING

A. Parent-to-Parent Communication

The Parents shall communicate regarding the child(ren) through: ☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents) ☐ Email ☐ Text message ☐ Other: [________________________________]

B. Parent-Child Communication During Other Parent's Parenting Time

Each parent shall facilitate reasonable telephone and/or video contact between the child(ren) and the other parent at the following times: [________________________________]

C. Notification Requirements (A.R.S. § 25-403.05(B))

Each parent has read, understands, and will abide by the notification requirements of A.R.S. § 25-403.05(B), as required by A.R.S. § 25-403.02(8).

D. Address and Contact Information Changes

Each parent shall notify the other parent in writing within 10 days of any change in home address, telephone number, email address, or employer information.

VII. PARENTING EDUCATION COMPLIANCE (A.R.S. § 25-351 et seq.)

☐ Both Parents have completed the mandatory Parent Information Program (PIP) as required by A.R.S. § 25-351.

☐ Parent A completed the PIP on [__/__/____] through: [________________________________]
☐ Parent B completed the PIP on [__/__/____] through: [________________________________]

☐ The court has waived the parenting education requirement for: ☐ Parent A ☐ Parent B
Reason: [________________________________]

VIII. PROVISIONS REMAINING UNCHANGED

Unless expressly modified by this Agreement, all other provisions of the existing order referenced in Section I.A remain in full force and effect, including but not limited to:

• [________________________________]
• [________________________________]
• [________________________________]

IX. ADDITIONAL TERMS

A. Right of First Refusal

☐ Not applicable.
☐ If either Parent is unable to personally care for the child(ren) for a period exceeding [____] consecutive hours during that Parent's scheduled parenting time, that Parent shall first offer the other Parent the opportunity to care for the child(ren) before engaging a third-party caregiver.

B. Substance Use Restrictions

Neither Parent shall consume alcohol to the point of impairment or use any controlled substance (except as lawfully prescribed) during parenting time or within [____] hours before the start of parenting time.

C. Non-Disparagement

Neither Parent shall make disparaging, negative, or derogatory remarks about the other Parent, the other Parent's family members, or the other Parent's household in the presence or hearing of the child(ren), or allow others to do so.

D. Firearms Safety

All firearms in either Parent's household shall be stored in a locked container, unloaded, with ammunition stored separately and inaccessible to the child(ren).

X. DISPUTE RESOLUTION

A. Mediation First

Before filing any motion with the court regarding this Agreement, the Parents shall participate in at least one session of mediation with a qualified family law mediator, except in cases of emergency or allegations of domestic violence.

B. Conciliation Court Services

The Parents acknowledge that the Arizona Superior Court offers Conciliation Court services, including mediation and counseling, which may be utilized to resolve parenting disputes.

C. Court Jurisdiction

Exclusive jurisdiction for enforcement or further modification of this Agreement lies with the Superior Court of Arizona, [________________________________] County, Family Court Division.

D. Attorney Fees (A.R.S. § 25-324)

In any proceeding to enforce or modify this Agreement, the court may award reasonable attorney fees and costs to either party after considering the financial resources and the reasonableness of the positions taken by each party, pursuant to A.R.S. § 25-324.

XI. REPRESENTATIONS

Each Parent represents and warrants:

1. This Agreement is entered into voluntarily, without coercion, duress, or undue influence.
2. Each Parent has had the opportunity to consult with independent legal counsel.
3. The changed circumstances described herein are true and accurate.
4. This modification serves the child(ren)'s best interests.
5. Each Parent has disclosed all material facts relevant to this modification, including current living arrangements, employment, relationships, and any circumstances affecting the child(ren)'s welfare.
6. Except as disclosed in this Agreement, neither Parent has pending criminal charges, Department of Child Safety (DCS) investigations, or orders of protection that would affect legal decision-making or parenting time.

XII. EXECUTION AND COURT APPROVAL

This Agreement shall be submitted to the Superior Court of Arizona, [________________________________] County, Family Court Division, for review and approval. This Agreement shall not become effective until approved by the court and entered as an order.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ATTORNEY CERTIFICATION (if represented)

Attorney for Parent A:

Signature: _________________________________
Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Attorney for Parent B:

Signature: _________________________________
Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulated Agreement to Modify Legal Decision-Making and/or Parenting Time, and having considered the best interests of the minor child(ren) pursuant to A.R.S. § 25-403, hereby finds:

1. The Parents have established adequate cause for modification pursuant to A.R.S. § 25-411.
2. The modification is in the best interests of the minor child(ren).
3. The Agreement is approved and incorporated as an order of this Court.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Hon. [________________________________]
Judge of the Superior Court

SOURCES AND REFERENCES

• A.R.S. § 25-411 — Modification of legal decision-making or parenting time
• A.R.S. § 25-403 — Legal decision-making; best interests of child
• A.R.S. § 25-403.01 — Sole and joint legal decision-making and parenting time
• A.R.S. § 25-403.02 — Parenting plans
• A.R.S. § 25-403.03 — Domestic violence and child abuse
• A.R.S. § 25-408 — Relocation of child
• A.R.S. § 25-351 — Domestic relations education
• A.R.S. § 25-324 — Attorney fees and costs
• Arizona Court Help — Legal Decision Making and Parenting Time FAQ
• Maricopa County Superior Court — Parenting Plan Information