Petition to Modify Legal Decision-Making or Parenting Time

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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Under Arizona law (A.R.S. § 25-401 et seq.), the terms "custody" and "visitation" have been replaced by "legal decision-making" and "parenting time."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

Child's Full Legal Name	Date of Birth	Age	Current School
[________________________________]	[__/__/____]	[____]	[________________________________]
[________________________________]	[__/__/____]	[____]	[________________________________]
[________________________________]	[__/__/____]	[____]	[________________________________]

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))

A.R.S. § 25-411(A) states the general rule that a motion to modify legal decision-making or parenting time may not be made within one year of the prior decree, subject to the exceptions below. Section 25-411(J) separately allows a court to modify an order granting or denying parenting time whenever modification serves the child's best interests, but allows a restriction of parenting time only on a finding of serious endangerment. The Parents certify:

☐ More than one year has elapsed since the date of the existing order. The Parents seek modification based on the 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(A)): 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(A)): 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

For a request that changes legal decision-making, Arizona requires an affidavit or verified petition stating detailed supporting facts, and the Court must find adequate cause before setting a hearing. A.R.S. § 25-411(M), as amended by 2026 Ariz. Sess. Laws, ch. 263. Under § 25-411(O), that screening procedure does not apply when the requested relief modifies or clarifies only parenting time. The Parents state that the following circumstances support modification:

[________________________________]
[________________________________]
[________________________________]

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:

☐ The past, present, and potential future relationship between the parent and the child
☐ The interaction and interrelationship of the child with each parent, siblings, and any other person who may significantly affect the child's best interest
☐ The child's adjustment to home, school, and community
☐ If of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time
☐ The mental and physical health of all individuals involved
☐ 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)
☐ Whether one parent intentionally misled the Court to cause unnecessary delay, increase litigation cost, or obtain a legal decision-making or parenting-time preference
☐ Whether there has been domestic violence or child abuse under A.R.S. § 25-403.03
☐ The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time
☐ Whether a parent has complied with Chapter 3, Article 5 of A.R.S. Title 25 (domestic relations education)
☐ Whether either parent was convicted of false reporting of child abuse or neglect under A.R.S. § 13-2907.02

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. Arizona does not create a rebuttable presumption merely because either parent requests joint legal decision-making; the Court applies A.R.S. §§ 25-403, 25-403.01(B), and 25-403.02(B), subject to the domestic-violence requirements of current § 25-403.03.

☐ 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:

Decision Category	Joint	Final Authority to Parent A	Final Authority to Parent B
Education (enrollment, programs)	☐	☐	☐
Non-emergency healthcare	☐	☐	☐
Mental/behavioral health	☐	☐	☐
Religious training	☐	☐	☐
Extracurricular activities	☐	☐	☐
Travel outside Arizona	☐	☐	☐

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

☐ Neither parent has committed domestic violence as defined in current A.R.S. § 25-403.03(M).

☐ The Court has found by a preponderance of the evidence that [________________________________] committed domestic violence as defined in current A.R.S. § 25-403.03(M), including any proven coercive control. Under § 25-403.03(D), a mandatory rebuttable presumption applies against awarding legal decision-making or parenting time to that parent.

☐ The parent who committed domestic violence has overcome the presumption by clear and convincing evidence for legal decision-making or unsupervised parenting time, or by a preponderance of the evidence for supervised parenting time, as required by A.R.S. § 25-403.03(G). The Court's written findings and safety precautions under § 25-403.03(B) and (H) are: [________________________________]

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:

Holiday/Break	Parent A	Parent B	Rotation
New Year's Day	☐ Even years	☐ Odd years	☐ Alternating
Martin Luther King Jr. Day	☐ Even years	☐ Odd years	☐ Alternating
Presidents' Day weekend	☐ Even years	☐ Odd years	☐ Alternating
Spring Break	☐ Even years	☐ Odd years	☐ Split
Memorial Day weekend	☐ Even years	☐ Odd years	☐ Alternating
Independence Day	☐ Even years	☐ Odd years	☐ Alternating
Labor Day weekend	☐ Even years	☐ Odd years	☐ Alternating
Halloween	☐ Even years	☐ Odd years	☐ Alternating
Thanksgiving Break	☐ Even years	☐ Odd years	☐ Split
Winter Break — First Half	☐ Even years	☐ Odd years	☐ Alternating
Winter Break — Second Half	☐ Even years	☐ Odd years	☐ Alternating
Mother's Day	☐ Always with Mother
Father's Day	☐ Always with Father
Child(ren)'s Birthday(s)	☐ Even years	☐ Odd years	☐ Shared

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):

If both Parents reside in Arizona and both are entitled by written agreement or court order to joint legal decision-making or parenting time, a Parent who intends to relocate the child(ren) out of Arizona or more than 100 miles within Arizona shall provide at least 45 days' advance written notice.
A.R.S. § 25-408 requires the notice to be made by certified mail, return receipt requested, or under the Arizona Rules of Family Law Procedure. The statute does not itself prescribe the detailed contents listed in this template; the Parents may include the intended address, move date, reasons, and a proposed revised parenting-time and transportation plan to give meaningful notice.
The non-relocating Parent may petition the Court to prevent relocation within 30 days after notice is made.
Under A.R.S. § 25-408(E), current court orders remain in effect after a relocation unless the Court orders otherwise. Pending a relocation decision, any temporary relocation must satisfy the conditions in § 25-408(F).

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(C)(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.)

In a modification or enforcement proceeding involving parenting time or legal decision-making, the Court may order either or both Parents to complete the domestic relations education program under A.R.S. § 25-352(B).

☐ Both Parents have completed the Parent Information Program (PIP) as ordered or previously required.

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

☐ The Court has not ordered the following Parent to repeat or complete the program in this proceeding: ☐ 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 may use any court-connected conciliation, mediation, or counseling services available in the county to resolve parenting disputes.

C. Court Jurisdiction

If the Superior Court of Arizona in [________________________________] County made the prior determination consistently with the UCCJEA, it retains exclusive, continuing jurisdiction only until a condition in A.R.S. § 25-1032(A) ends that jurisdiction.

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:

This Agreement is entered into voluntarily, without coercion, duress, or undue influence.
Each Parent has had the opportunity to consult with independent legal counsel.
The changed circumstances described herein are true and accurate.
This modification serves the child(ren)'s best interests.
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.
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:

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:

☐ Because the requested relief changes legal decision-making, the pleadings establish adequate cause under A.R.S. § 25-411(M). / ☐ Because the requested relief modifies or clarifies only parenting time, § 25-411(O) makes the adequate-cause screening procedure in subsection (M) inapplicable.
The modification is in the best interests of the minor child(ren).
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

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About This Template

Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: July 2026

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