Joint Legal Decision-Making and Parenting Time Agreement

STIPULATED AGREEMENT FOR JOINT LEGAL DECISION-MAKING AND 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 TERMINOLOGY NOTICE: Arizona replaced the terms "custody" and "visitation" with "legal decision-making" and "parenting time" effective January 1, 2013 (A.R.S. § 25-401). "Joint legal decision-making" means both parents share the right and responsibility to make major decisions for the child. This Agreement uses Arizona's statutory terminology throughout.

ARTICLE I — RECITALS AND FINDINGS

1.1 Identity of Parents

The Parents to this Agreement are:

Parent A: [________________________________]
Address: [________________________________], Arizona [________]
Phone: [________________________________]
Email: [________________________________]

Parent B: [________________________________]
Address: [________________________________], Arizona [________]
Phone: [________________________________]
Email: [________________________________]

1.2 Identity of Minor Child(ren)

1.3 Basis for This Agreement

A. The Parents are the legal parents of the above-named child(ren).
B. This Agreement is being entered in connection with: ☐ Dissolution of marriage ☐ Legal separation ☐ Paternity action ☐ Modification of existing order ☐ Other: [________________________________]
C. The Parents agree that joint legal decision-making is in the child(ren)'s best interests and that both Parents are fit and capable of cooperating in shared decision-making.
D. Arizona law establishes a presumption that joint legal decision-making is in the child's best interest when both parents request it, absent domestic violence (A.R.S. § 25-403.02(B)).

1.4 Best Interest Determination (A.R.S. § 25-403(A))

The Parents have considered the following statutory best-interest factors and agree that joint legal decision-making and the parenting time schedule in this Agreement serve the child(ren)'s best interests:

1. The past, present, and potential future relationship between each parent and the child
2. The interaction and interrelationship of the child with each parent, siblings, and other significant persons
3. The child's adjustment to home, school, and community
4. If of suitable age and maturity, the wishes of the child regarding legal decision-making and parenting time
5. The mental and physical health of all individuals involved
6. Which parent is more likely to allow frequent, meaningful, and continuing contact with the other parent
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
9. Whether a parent has complied with Chapter 3, Article 5 of Title 25 (domestic relations education)
10. Whether either parent was convicted 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 as defined in A.R.S. § 25-403.03

1.5 Domestic Violence Disclosure (A.R.S. § 25-403.03)

☐ Neither parent has a history of domestic violence as defined by A.R.S. § 13-3601. No orders of protection have been issued against either parent.

☐ The following domestic violence history is disclosed: [________________________________]. The Parents acknowledge that under A.R.S. § 25-403.03, there is a rebuttable presumption against awarding joint legal decision-making to a parent who has committed domestic violence, and that joint legal decision-making is prohibited where the court finds "significant domestic violence."

ARTICLE II — JOINT LEGAL DECISION-MAKING

2.1 Grant of Joint Legal Decision-Making

The Parents shall share joint legal decision-making authority for the child(ren) pursuant to A.R.S. § 25-401(2) and § 25-403.01. Neither parent's rights or responsibilities shall be superior to the other's, except as expressly provided in Section 2.4 below.

2.2 Scope of Joint Decision-Making

Joint legal decision-making applies to all nonemergency legal decisions for the child(ren), including but not limited to:

Education:

• School enrollment, school selection, and school district
• Special education services, IEP/504 plans
• Tutoring, academic support, homeschooling decisions
• College and post-secondary education planning

Healthcare:

• Selection of primary care physicians, specialists, dentists, and orthodontists
• Non-emergency medical procedures and treatments
• Mental and behavioral health services, counseling, and therapy
• Prescription medications (non-emergency)
• Vaccinations

Religious Training:

• Religious instruction, practices, and affiliation
• Religious ceremonies (baptism, bar/bat mitzvah, confirmation, etc.)

Personal Care:

• Extracurricular activities (sports, arts, clubs)
• Summer camps and programs
• Driver's license, vehicle use
• Employment for older children
• Body modifications (piercing, tattoo)
• Cell phone, social media, internet access policies
• Travel outside Arizona

2.3 Decision-Making Process

A. Good-Faith Consultation. Before making any major decision, the initiating parent shall notify the other parent in writing (email, text, or co-parenting app) of the proposed decision, including all relevant information and the reasons supporting the proposal.

B. Response Period. The receiving parent shall respond within [____] calendar days (or 24 hours for time-sensitive matters). Failure to respond within the response period constitutes agreement with the proposal.

C. Good-Faith Negotiation. If the Parents disagree, they shall negotiate in good faith, considering the child(ren)'s best interests as the paramount concern.

D. Deadlock Resolution. If the Parents cannot agree after good-faith negotiation, the dispute shall be resolved through the dispute resolution process in Article VII.

2.4 Allocation of Tie-Breaking Authority (if applicable)

If the Parents are unable to agree on a specific category of decisions after following the dispute resolution process, the following parent shall have final authority:

2.5 Emergency Decisions

The parent exercising parenting time at the time of an emergency may make emergency decisions regarding the child(ren)'s health, safety, and welfare without prior consultation with the other parent. The parent making the emergency decision shall:

1. Take all reasonably necessary steps to protect the child(ren).
2. Notify the other parent as soon as practicable, but no later than 24 hours after the emergency.
3. Provide documentation of the emergency and the decisions made.

2.6 Routine Day-to-Day Decisions

Each parent shall make routine daily decisions during their parenting time without consulting the other parent, including meals, bedtime, homework assistance, hygiene, clothing, play activities, and age-appropriate discipline. Both parents shall maintain reasonable consistency in rules and expectations across households.

2.7 Access to Records and Information

Both Parents shall have full and equal access to (A.R.S. § 25-408(H)):

• All school records, report cards, progress reports, and teacher communications
• All medical, dental, mental health, and prescription records
• Childcare and extracurricular activity information
• Any evaluation, assessment, or diagnostic report concerning the child(ren)

Both Parents shall be listed as emergency contacts with all schools and healthcare providers. Both Parents may communicate directly with teachers, counselors, coaches, and medical providers.

ARTICLE III — PARENTING TIME SCHEDULE

3.1 General Principles

The Parents recognize that frequent and meaningful contact with both parents is in the child(ren)'s best interests. The parenting time schedule is designed to maximize each parent's involvement while providing stability and predictability for the child(ren).

3.2 Regular Schedule

☐ Equal Time — Alternating Weeks: The child(ren) shall reside with Parent A for one full week and then with Parent B for the following week. Exchanges occur every [________] at [____].

☐ Equal Time — 2-2-3 Rotation:

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A in Week 1, Parent B in Week 2)
  Exchanges occur at [____] or at school drop-off/pick-up.

☐ Equal Time — 5-2-2-5 Rotation:

• Monday and Tuesday: Always Parent A
• Wednesday and Thursday: Always Parent B
• Friday through Monday: Alternating weekends
  Exchanges occur at [____] or at school drop-off/pick-up.

☐ Equal Time — 3-4-4-3 Rotation:

• Week 1: Parent A has Monday–Wednesday; Parent B has Thursday–Sunday
• Week 2: Parent A has Monday–Thursday; Parent B has Friday–Sunday

☐ Custom Schedule:
Parent A's time: [________________________________]
Parent B's time: [________________________________]

3.3 Holiday Schedule

Holidays supersede the regular schedule. The child(ren) shall be with the designated parent regardless of whose regular parenting time it would otherwise be.

3.4 Summer Vacation

Each parent shall have [____] consecutive weeks of uninterrupted vacation time with the child(ren) during summer break. Written notice of planned vacation dates must be provided by [________________________________] (e.g., April 1) each year. If vacation requests conflict, ☐ Parent A / ☐ Parent B has first choice in even years, and the other parent has first choice in odd years. The remaining summer time follows the regular schedule.

3.5 Exchanges

• Location: ☐ School ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral location: [________________________________] ☐ Safe exchange site per A.R.S. § 25-403.10: [________________________________]
• Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Meet at midpoint ☐ Other: [________________________________]
• Grace Period: [____] minutes. If a parent will be late beyond the grace period, they must notify the other parent immediately.

3.6 Right of First Refusal

☐ Not applicable.
☐ If either parent is unable to personally care for the child(ren) for a period of [____] or more consecutive hours during their parenting time, that parent shall first offer the other parent the opportunity to care for the child(ren). The other parent must respond within [____] hours. If the other parent declines or does not respond, the requesting parent may arrange third-party care.

ARTICLE IV — COMMUNICATION

4.1 Between Parents

Parents shall communicate about the child(ren) using: ☐ Co-parenting app (☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________]) ☐ Email ☐ Text ☐ Phone

All communications shall be respectful, child-focused, and businesslike. Non-emergency messages require a response within [____] hours.

4.2 Parent-Child Communication

Each parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the other parent during their parenting time:
☐ Daily at approximately [____] for up to [____] minutes
☐ As reasonably requested by the child(ren) or the other parent
☐ Other: [________________________________]

Neither parent shall monitor, intercept, or restrict the child(ren)'s private communications with the other parent except as appropriate for the child(ren)'s age and safety.

4.3 Information Sharing

Each parent shall promptly share information about:

• School performance, report cards, parent-teacher conferences
• Medical appointments, diagnoses, treatments, and prescriptions
• Behavioral or emotional concerns
• Upcoming events, activities, and schedule changes
• Changes in address, phone, email, or employment (within 10 days)

4.4 Notification Compliance (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, subsection B, as required by A.R.S. § 25-403.02(A)(8).

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

5.1 Notice Requirement

A parent who intends to relocate with the child(ren) out of Arizona or more than 100 miles within Arizona must provide the other parent with written notice by certified mail, return receipt requested, at least 45 days before the proposed move. The notice must include: the intended new address (or city and state if exact address is unknown), the move date, the reasons, and a proposed revised parenting time schedule with transportation arrangements.

5.2 Objection

The non-relocating parent may petition the court to prevent the relocation within 30 days of receiving notice. Until the court rules, the existing parenting time schedule remains in effect and the child(ren) shall not be relocated.

5.3 Local Moves

For moves within Arizona of less than 100 miles, the relocating parent shall provide [____] days' advance written notice and the Parents shall cooperate in good faith to adjust the parenting time schedule if necessary.

ARTICLE VI — CO-PARENTING CONDUCT

6.1 Non-Disparagement

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

6.2 Parental Alienation Prohibited

Neither parent shall engage in conduct intended to alienate the child(ren) from the other parent, undermine the parent-child relationship, or interfere with the other parent's parenting time or decision-making authority.

6.3 Substance Use

Neither parent shall use illegal controlled substances or consume alcohol to the point of impairment during parenting time or within [____] hours before the start of parenting time.

6.4 Firearms

All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), consistent with A.R.S. § 13-3111.

6.5 Introduction of New Partners

Neither parent shall introduce a new romantic partner to the child(ren) as a household member until the relationship has been established for at least [____] months. Overnight stays by romantic partners while the child(ren) are present: ☐ are permitted ☐ are not permitted during the first [____] months.

6.6 Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in rules, discipline, bedtimes, homework expectations, and screen time limits across both households.

6.7 Attendance at Events

Both Parents are welcome and encouraged to attend the child(ren)'s school events, extracurricular activities, performances, medical appointments, and other significant occasions regardless of whose parenting time it falls on. Parents shall behave civilly toward each other at all shared events.

ARTICLE VII — DISPUTE RESOLUTION

7.1 Step 1 — Direct Communication

Parents shall first attempt to resolve disputes through direct, respectful communication via the designated method in Article IV.

7.2 Step 2 — Mediation

If direct communication fails, Parents shall attend at least one session of mediation with a qualified Arizona family law mediator before filing any motion with the court. Mediation costs shall be: ☐ Shared equally ☐ Borne by: [________________________________]

The mediation requirement does not apply in cases of emergency, domestic violence allegations, or child abuse/neglect.

7.3 Step 3 — Conciliation Court

The Parents may utilize the Conciliation Court services available through the Superior Court of Arizona, [________________________________] County, for mediation and counseling.

7.4 Step 4 — Court Intervention

If mediation is unsuccessful, either parent may file a petition with the Superior Court of Arizona, [________________________________] County, Family Court Division. The court may award reasonable attorney fees and costs pursuant to A.R.S. § 25-324, considering the financial resources and reasonableness of each party's position.

ARTICLE VIII — PARENTING EDUCATION (A.R.S. § 25-351 et seq.)

Both Parents acknowledge that Arizona law requires completion of a Parent Information Program (PIP) in proceedings involving minor children.

☐ Parent A completed the PIP on [__/__/____] through [________________________________].
☐ Parent B completed the PIP on [__/__/____] through [________________________________].
☐ The court has waived the PIP requirement for ☐ Parent A ☐ Parent B.

ARTICLE IX — FINANCIAL PROVISIONS RELATED TO CHILD(REN)

9.1 Health Insurance

☐ Parent A ☐ Parent B ☐ Both Parents shall maintain health, dental, and vision insurance for the child(ren). The maintaining parent shall provide insurance cards and coverage information to the other parent.

9.2 Unreimbursed Medical and Healthcare Expenses

Unreimbursed medical, dental, vision, mental health, orthodontic, and prescription costs shall be divided: ☐ Equally (50/50) ☐ Proportional to income (____% Parent A / ____% Parent B) ☐ Other: [________________________________]

The parent incurring the expense shall provide an itemized statement and documentation to the other parent within [____] days. The reimbursing parent shall pay within [____] days of receipt.

9.3 Extracurricular Activity Costs

Costs for mutually agreed-upon extracurricular activities shall be divided: ☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

9.4 Childcare Costs

Work-related childcare costs shall be divided: ☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

9.5 Child Support

☐ Child support is addressed in a separate order or agreement.
☐ Child support is addressed as follows: [________________________________]
☐ The parties have waived child support by mutual agreement (subject to court approval).

ARTICLE X — GENERAL PROVISIONS

10.1 Governing Law

This Agreement is governed by Arizona law, specifically A.R.S. Title 25, Chapter 4.

10.2 Court Jurisdiction

Exclusive continuing jurisdiction lies with the Superior Court of Arizona, [________________________________] County, Family Court Division.

10.3 Modification

This Agreement may be modified only by written agreement of both Parents approved by the court, or by court order. Any modification of legal decision-making or parenting time must comply with A.R.S. § 25-411, including the one-year waiting period requirement.

10.4 Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect.

10.5 Integration

This Agreement, together with any incorporated parenting plan and child support order, constitutes the entire understanding of the Parents regarding legal decision-making and parenting time.

10.6 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts. Electronic signatures are valid and enforceable.

10.7 Notice

All formal notices under this Agreement shall be sent to the addresses set forth in Section 1.1. Each parent shall update the other in writing within 10 days of any change in address, telephone number, or email.

ARTICLE XI — EXECUTION

The undersigned Parents voluntarily enter into this Agreement, each having had the opportunity to consult with independent legal counsel, and each certifying that the terms serve the child(ren)'s best interests under A.R.S. § 25-403.

PARENT A:

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

PARENT B:

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

ATTORNEY CERTIFICATION

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 for Joint Legal Decision-Making and Parenting Time, and finding:

1. Joint legal decision-making is in the best interests of the minor child(ren) under A.R.S. § 25-403.
2. The parenting time schedule serves the child(ren)'s best interests.
3. The Agreement includes all mandatory parenting plan provisions under A.R.S. § 25-403.02.
4. ☐ No domestic violence findings apply. / ☐ Domestic violence has been addressed consistent with A.R.S. § 25-403.03.

IT IS HEREBY ORDERED that this Agreement is approved and incorporated as an order of this Court.

Date: [__/__/____]

_________________________________
Hon. [________________________________]
Judge/Commissioner, Superior Court of Arizona
[________________________________] County

SOURCES AND REFERENCES

• A.R.S. § 25-401 — Definitions
• 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. § 25-403.05 — Notification requirements
• A.R.S. § 25-408 — Relocation of child
• A.R.S. § 25-411 — Modification of legal decision-making or parenting time
• 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