Sole Legal Decision-Making and Parenting Time Agreement

STIPULATED AGREEMENT FOR SOLE 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

and

[________________________________], Respondent

ARIZONA TERMINOLOGY NOTICE: Since January 1, 2013, Arizona law uses "legal decision-making" instead of "custody" and "parenting time" instead of "visitation" (A.R.S. § 25-401). "Sole legal decision-making" means that one parent has the exclusive legal right and responsibility to make major nonemergency decisions for the child, including education, healthcare, religious training, and personal care. The non-decision-making parent retains parenting time rights absent a finding of serious endangerment.

IMPORTANT: Arizona presumes that joint legal decision-making is in the child's best interest (A.R.S. § 25-403.02(B)). To overcome this presumption and award sole legal decision-making, the court must find specific reasons based on the best-interest factors in A.R.S. § 25-403. Sole legal decision-making is typically awarded when domestic violence has occurred (A.R.S. § 25-403.03), one parent is unavailable or unfit, or the parents cannot cooperate in joint decision-making.

ARTICLE I — PARTIES, CHILDREN, AND BASIS

1.1 Parent With Sole Legal Decision-Making Authority ("Decision-Making Parent")

Full Legal Name: [________________________________]
Address: [________________________________], Arizona [________]
Phone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

1.2 Non-Decision-Making Parent ("Parenting Time Parent")

Full Legal Name: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

1.3 Minor Child(ren)

1.4 Basis for Sole Legal Decision-Making

Sole legal decision-making to [________________________________] (the "Decision-Making Parent") is warranted because (select all applicable):

☐ Domestic violence (A.R.S. § 25-403.03): The court has determined that the other parent committed an act of domestic violence as defined in A.R.S. § 13-3601, creating a rebuttable presumption against awarding joint legal decision-making. The other parent has not rebutted this presumption.

☐ Significant domestic violence (A.R.S. § 25-403.03(D)): The court has found significant domestic violence or a significant history of domestic violence, prohibiting joint legal decision-making.

☐ Inability to cooperate: The parents are unable to cooperate sufficiently to make joint decisions in the child(ren)'s best interests due to: [________________________________]

☐ History of noncompliance: The other parent has failed to comply with prior court orders regarding decision-making or parenting time.

☐ Substance abuse: The other parent has a history of substance abuse that impairs the ability to make decisions in the child(ren)'s best interests.

☐ Absence or unavailability: The other parent is unavailable for decision-making due to: ☐ Incarceration ☐ Military deployment ☐ Unknown whereabouts ☐ Prolonged absence ☐ Other: [________________________________]

☐ Mental health or capacity: The other parent's mental health condition impairs the ability to participate in decision-making.

☐ Conviction for false reporting (A.R.S. § 25-403(A)(10)): The other parent has been convicted of false reporting of child abuse or neglect under A.R.S. § 13-2907.02.

☐ Other: [________________________________]

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

The parties acknowledge that the court has considered (or, for stipulated agreements, the parties have considered) all eleven factors under A.R.S. § 25-403(A) and find that sole legal decision-making to the Decision-Making Parent serves the child(ren)'s best interests, specifically:

[________________________________]
[________________________________]
[________________________________]

ARTICLE II — SOLE LEGAL DECISION-MAKING AUTHORITY

2.1 Scope

The Decision-Making Parent shall have the exclusive legal right and responsibility to make all major nonemergency decisions for the child(ren), including:

• Education: School enrollment, selection, withdrawal, special education services (IEP/504), tutoring, homeschooling, and college planning
• Healthcare: Selection of physicians, dentists, specialists; authorization of non-emergency medical, dental, and surgical procedures; mental and behavioral health treatment; prescription medications; vaccinations
• Religious training: Religious instruction, affiliation, practices, and ceremonies
• Personal care: Extracurricular activities, summer programs, employment, driver's license, cell phone and internet use, travel outside Arizona, international travel, body modifications

2.2 Consultation Rights of the Parenting Time Parent

☐ Consultation required: The Decision-Making Parent shall inform the Parenting Time Parent in writing of any major decision at least [____] days before implementation and consider the Parenting Time Parent's input. However, the Decision-Making Parent retains exclusive final authority.

☐ Consultation encouraged but not required: The Decision-Making Parent may, but is not obligated to, consult with the Parenting Time Parent before making major decisions.

☐ Notification only: The Decision-Making Parent shall notify the Parenting Time Parent within [____] days of any major decision but need not consult beforehand.

2.3 Access to Records (A.R.S. § 25-408(H))

Regardless of the sole legal decision-making designation, the Parenting Time Parent retains the right to:

• Access the child(ren)'s school records, report cards, and progress reports directly from the school
• Access the child(ren)'s medical, dental, mental health, and prescription records directly from providers
• Be listed as an emergency contact with schools and healthcare providers
• Attend school events, parent-teacher conferences, and extracurricular activities
• Communicate directly with teachers, school counselors, coaches, and medical providers

The Decision-Making Parent shall not interfere with or restrict these rights.

2.4 Emergency Decisions

During the Parenting Time Parent's scheduled parenting time, that parent may authorize emergency medical treatment necessary to protect the child(ren)'s health or safety. The Parenting Time Parent shall notify the Decision-Making Parent as soon as practicable, and in no event later than 24 hours after the emergency.

ARTICLE III — PARENTING TIME SCHEDULE

3.1 Parenting Time Designation

Although legal decision-making is sole, Arizona law recognizes that parenting time with the non-decision-making parent is generally in the child(ren)'s best interests. Parenting time shall be as follows:

3.2 Type of Parenting Time

☐ Standard Unsupervised Parenting Time:

• Alternating weekends: Every other weekend from Friday at [____] to Sunday at [____]
• Midweek time: ☐ One weeknight ([________]) from [____] to [____] ☐ One overnight ([________]) from [____] to [____]
• Extended summer: [____] weeks during summer vacation, with [____] days' advance written notice
• Holiday schedule: Per Section 3.4 below

☐ Expanded Unsupervised Parenting Time:

• Alternating weekends: Friday after school to Monday morning school drop-off
• Midweek: Two weeknights ([________] and [________]) from after school to [____]
• Extended summer: [____] weeks, consecutive or non-consecutive
• Holiday schedule: Per Section 3.4 below

☐ Supervised Parenting Time (A.R.S. § 25-403.03(F)):

Parenting time shall be supervised due to (select applicable):
☐ Domestic violence history (A.R.S. § 25-403.03)
☐ Substance abuse concerns
☐ Child safety concerns
☐ Court order requiring supervision
☐ Other: [________________________________]

Supervision details:

• Frequency: [________________________________]
• Duration per visit: [________________________________]
• Location: ☐ Supervised visitation center: [________________________________] ☐ In the presence of: [________________________________]
• Supervisor: [________________________________]
• Cost of supervision borne by: ☐ Parenting Time Parent ☐ Shared ☐ Other: [________________________________]

Conditions for transitioning to unsupervised parenting time:
☐ Completion of batterer's prevention program (A.R.S. § 25-403.03(H)(1))
☐ Completion of substance abuse treatment: [________________________________]
☐ Completion of parenting class (A.R.S. § 25-403.03(H)(2))
☐ Clean drug/alcohol tests for [____] consecutive months
☐ Therapist or counselor recommendation
☐ Court review hearing after [____] months
☐ Other: [________________________________]

☐ Restricted Parenting Time:
[________________________________]

☐ No Parenting Time:
The court has determined that parenting time with the Parenting Time Parent would seriously endanger the child(ren)'s physical, mental, moral, or emotional health (A.R.S. § 25-403.01(B)). Parenting time is denied. The Parenting Time Parent may petition for modification under A.R.S. § 25-411.

☐ Custom Schedule:
[________________________________]

3.3 Primary Residence

The child(ren) shall reside primarily with the Decision-Making Parent at: [________________________________]

The child(ren) shall be enrolled in school based on the Decision-Making Parent's address.

3.4 Holiday Schedule

DM Parent = Decision-Making Parent; PT Parent = Parenting Time Parent

3.5 Exchanges

• Location: ☐ School ☐ Decision-Making Parent's residence ☐ Neutral public location: [________________________________] ☐ Supervised exchange location (A.R.S. § 25-403.10): [________________________________]
• Transportation: ☐ Parenting Time Parent handles all transportation ☐ Receiving parent picks up ☐ Meet at midpoint ☐ Other: [________________________________]
• Grace period: [____] minutes before parenting time is considered forfeited for that session.

3.6 Parent-Child Communication During the Other Parent's Time

☐ The Decision-Making Parent shall facilitate reasonable phone/video contact between the child(ren) and the Parenting Time Parent: [________________________________]
☐ The Parenting Time Parent shall facilitate reasonable phone/video contact between the child(ren) and the Decision-Making Parent during parenting time sessions: [________________________________]

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

4.1 Relocation by the Decision-Making Parent

The Decision-Making Parent who intends to relocate with the child(ren) out of Arizona or more than 100 miles within Arizona shall provide the Parenting Time Parent written notice by certified mail, return receipt requested, at least 45 days before the proposed move. The notice shall include the intended new address, move date, reasons, and a proposed revised parenting time schedule with transportation arrangements.

4.2 Objection to Relocation

The Parenting Time Parent may petition the court to prevent 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.

4.3 Factors for Relocation (A.R.S. § 25-408(I))

If the relocation is contested, the court shall consider all relevant factors, including the best interests of the child, the motivations of the relocating parent, the extent to which the relocation will improve the quality of life for the parent and child, and the feasibility of preserving the relationship between the non-relocating parent and child through suitable parenting time arrangements.

ARTICLE V — DOMESTIC VIOLENCE PROVISIONS (A.R.S. § 25-403.03)

(Complete this Article if domestic violence is a factor in this case.)

☐ Not applicable — This Article does not apply.

☐ Applicable — The following provisions apply:

5.1 Findings

The court has found that [________________________________] committed: ☐ An act of domestic violence (A.R.S. § 25-403.03(A)) ☐ Significant domestic violence (A.R.S. § 25-403.03(D))

5.2 Safety Provisions (A.R.S. § 25-403.03(F)–(G))

The following conditions apply to the parent who committed domestic violence:

☐ Parenting time must be supervised (see Section 3.2)
☐ Exchange of the child(ren) must occur at a safe exchange location (A.R.S. § 25-403.10)
☐ The offending parent shall have no overnight parenting time
☐ The offending parent shall complete a batterer's prevention program
☐ The offending parent shall complete substance abuse counseling
☐ The offending parent shall complete a parenting class
☐ The offending parent shall post a bond for the return of the child(ren) (A.R.S. § 25-403.03(G)(2))
☐ Domestic violence perpetrator treatment is required before unsupervised contact
☐ An order of protection is currently in effect: Case No. [________________________________]
☐ Other safety conditions: [________________________________]

5.3 No Contact Provisions (if applicable)

☐ The offending parent shall have no direct contact with the Decision-Making Parent and all communication regarding the child(ren) shall be conducted through: ☐ Co-parenting app ☐ Attorney ☐ Third-party intermediary: [________________________________]

ARTICLE VI — COMMUNICATION AND NOTIFICATION

6.1 Method of Communication Between Parents

☐ Co-parenting app: [________________________________]
☐ Email only
☐ Through attorneys
☐ Through a third-party intermediary: [________________________________]
☐ Other: [________________________________]

6.2 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(A)(8).

6.3 Address and Contact 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.

6.4 Information Sharing

The Decision-Making Parent shall provide the Parenting Time Parent with:

• Copies of report cards and school progress reports within [____] days of receipt
• Notice of medical appointments, diagnoses, and treatment plans within [____] days
• Notice of school and extracurricular event schedules
• Notice of any emergency involving the child(ren) within 24 hours

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

☐ Both Parents have completed the mandatory Parent Information Program (PIP).

• Decision-Making Parent completed PIP on [__/__/____] through [________________________________].
• Parenting Time Parent completed PIP on [__/__/____] through [________________________________].

☐ The court has waived the PIP requirement for: ☐ Decision-Making Parent ☐ Parenting Time Parent.

ARTICLE VIII — FINANCIAL PROVISIONS

8.1 Health Insurance

☐ Decision-Making Parent ☐ Parenting Time Parent ☐ Both Parents shall maintain health, dental, and vision insurance for the child(ren).

8.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, mental health, orthodontic, vision, and prescription expenses shall be divided:
☐ 100% Decision-Making Parent
☐ 100% Parenting Time Parent
☐ Equally (50/50)
☐ Proportional to income: ____% Decision-Making Parent / ____% Parenting Time Parent
☐ Other: [________________________________]

8.3 Child Support

☐ Addressed in a separate child support order.
☐ The Parenting Time Parent shall pay child support of $[________________________________] per month.
☐ Other: [________________________________]

ARTICLE IX — DISPUTE RESOLUTION

9.1 Mediation

Before filing any non-emergency motion with the court, the Parents shall participate in mediation with a qualified family law mediator. Mediation is not required for:

• Emergency situations involving child safety
• Allegations of domestic violence, child abuse, or neglect
• Enforcement of existing orders (contempt proceedings)

9.2 Conciliation Court

The Parents may utilize Conciliation Court services in [________________________________] County.

9.3 Court

Exclusive jurisdiction lies with the Superior Court of Arizona, [________________________________] County, Family Court Division. Attorney fees may be awarded pursuant to A.R.S. § 25-324.

ARTICLE X — MODIFICATION (A.R.S. § 25-411)

10.1 One-Year Waiting Period

A motion to modify legal decision-making or parenting time may not be filed within one year of this Agreement's effective date unless the court permits it based on an affidavit showing the child(ren)'s present environment may seriously endanger their physical, mental, moral, or emotional health.

10.2 Exceptions

• Domestic Violence Exception (A.R.S. § 25-411(J)): At any time, a parent may petition for modification based on domestic violence occurring since entry of the order.
• Noncompliance Exception (A.R.S. § 25-411(K)): After six months, a parent may petition based on the other parent's failure to comply with the order.

10.3 Standard for Modification

Modification requires a showing of adequate cause through detailed facts demonstrating changed circumstances that affect the child(ren)'s best interests.

ARTICLE XI — GENERAL PROVISIONS

11.1 Governing Law

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

11.2 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent in the child(ren)'s presence or hearing.

11.3 Parental Alienation

Neither parent shall engage in conduct intended to alienate the child(ren) from the other parent.

11.4 Substance Use

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

11.5 Firearms Safety

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

11.6 Severability

If any provision is unenforceable, the remaining provisions remain in effect.

11.7 Integration

This Agreement constitutes the complete understanding regarding legal decision-making and parenting time.

11.8 Counterparts

This Agreement may be executed in counterparts; electronic signatures are valid.

ARTICLE XII — EXECUTION

DECISION-MAKING PARENT:

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

PARENTING TIME PARENT:

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

ATTORNEY CERTIFICATION

Attorney for Decision-Making Parent:
Signature: _________________________________
Name/SBN: [________________________________]
Firm: [________________________________]
Address/Phone/Email: [________________________________]

Attorney for Parenting Time Parent:
Signature: _________________________________
Name/SBN: [________________________________]
Firm: [________________________________]
Address/Phone/Email: [________________________________]

ORDER OF THE COURT

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

1. Sole legal decision-making to [________________________________] is in the best interests of the minor child(ren).
2. ☐ The presumption against joint legal decision-making due to domestic violence (A.R.S. § 25-403.03) has not been rebutted. / ☐ Joint legal decision-making is not appropriate for the reasons stated in the Agreement. / ☐ The parties have stipulated to sole legal decision-making.
3. The parenting time schedule ☐ serves the child(ren)'s best interests. / ☐ has been restricted/supervised to protect the child(ren)'s safety.
4. The Agreement contains all mandatory parenting plan elements under A.R.S. § 25-403.02.

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

☐ Parenting time shall be supervised as set forth herein.
☐ Safe exchange location is required pursuant to A.R.S. § 25-403.10.
☐ The offending parent shall comply with all domestic violence conditions set forth in Article V.

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 — Custody Considerations
• Hildebrand Law — Domestic Violence Presumption in AZ Custody