Temporary Legal Decision-Making and Parenting Time Agreement

TEMPORARY ORDER / STIPULATED AGREEMENT FOR INTERIM 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: Arizona law uses "legal decision-making" instead of "custody" and "parenting time" instead of "visitation" (A.R.S. § 25-401, effective January 1, 2013). This Agreement uses Arizona's current statutory language.

NATURE OF TEMPORARY ORDERS: Under A.R.S. § 25-404, a party to a legal decision-making and parenting time proceeding may move for a temporary order. The court may award temporary legal decision-making and parenting time under the standards of A.R.S. § 25-403 after a hearing, or solely on the basis of the pleadings if there is no objection. Temporary orders ("pendente lite" orders) remain in effect until a final decree, order, or dismissal. A temporary order does not prejudice the rights of the parties at any subsequent hearing.

PART I — BACKGROUND AND CONTEXT

A. Type of Underlying Proceeding

This temporary arrangement is entered in connection with (select one):

☐ Pending dissolution of marriage — Petition filed on [__/__/____], Case No. [________________________________]
☐ Pending legal separation — Petition filed on [__/__/____], Case No. [________________________________]
☐ Pending paternity action — Petition filed on [__/__/____], Case No. [________________________________]
☐ Emergency / exigent circumstances requiring immediate temporary arrangements pending formal proceedings
☐ Voluntary interim agreement between parents pending: [________________________________]
☐ Temporary delegation to non-parent caregiver (e.g., grandparent, relative) due to: [________________________________]
☐ Other: [________________________________]

B. Reason for Temporary Arrangement

The temporary arrangement is necessary because (select all applicable):

☐ Proceedings are pending and no permanent order has been entered
☐ One parent is temporarily unavailable due to: ☐ Military deployment ☐ Medical treatment/hospitalization ☐ Incarceration ☐ Work assignment ☐ Substance abuse treatment ☐ Other: [________________________________]
☐ An emergency exists involving the child(ren)'s safety or welfare
☐ The parents have recently separated and need immediate interim arrangements
☐ An existing order is being challenged and interim arrangements are needed
☐ Other: [________________________________]

C. Preliminary Injunction Notice (A.R.S. § 25-315)

If this temporary arrangement arises in connection with a petition for dissolution of marriage or legal separation, the parties acknowledge that a preliminary injunction pursuant to A.R.S. § 25-315(A) is automatically in effect upon service of the petition. This injunction, among other things:

1. Restrains both parties from transferring, encumbering, concealing, selling, or disposing of property
2. Restrains both parties from molesting, harassing, or disturbing the peace of the other party or any child
3. Restrains both parties from removing any child from the State of Arizona without prior written consent of the other party or court order
4. Requires both parties to maintain existing insurance coverage

The preliminary injunction remains in effect until the final decree, dismissal, or further court order.

D. Identification of Parties

Petitioner / Parent A:
Full Legal Name: [________________________________]
Current Address: [________________________________], Arizona [________]
Phone: [________________________________]
Email: [________________________________]
Relationship to child(ren): ☐ Biological parent ☐ Legal parent ☐ Other: [________________________________]

Respondent / Parent B:
Full Legal Name: [________________________________]
Current Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Relationship to child(ren): ☐ Biological parent ☐ Legal parent ☐ Other: [________________________________]

Temporary Caregiver (if applicable — non-parent):
Full Legal Name: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Relationship to child(ren): [________________________________]

E. Minor Child(ren)

PART II — DURATION AND TERMINATION

A. Effective Date

This Agreement is effective as of [__/__/____].

B. Termination

This temporary arrangement shall terminate upon the earliest of:

1. Entry of a final decree of dissolution, legal separation, annulment, or permanent legal decision-making order by the Superior Court
2. [__/__/____] (specific end date, if applicable)
3. Written agreement of both parties to terminate, filed with the court
4. Further order of the court modifying or vacating this temporary arrangement
5. The return/availability of the absent parent described in Part I.B (with [____] days' written notice and court approval if required)

C. No Prejudice

This temporary arrangement does not prejudice the rights of either party at any subsequent permanent hearing and shall not be considered an admission or concession regarding permanent legal decision-making or parenting time (A.R.S. § 25-404(B)).

PART III — TEMPORARY LEGAL DECISION-MAKING

A. Designation

During the temporary period, legal decision-making shall be as follows:

☐ Temporary Joint Legal Decision-Making — Both parents share the right and responsibility to make major nonemergency decisions for the child(ren). Major decisions require mutual agreement after good-faith consultation.

☐ Temporary Sole Legal Decision-Making to Petitioner/Parent A — Parent A has exclusive authority for all major decisions. Parent A ☐ shall / ☐ is not required to inform Parent B of major decisions.

☐ Temporary Sole Legal Decision-Making to Respondent/Parent B — Parent B has exclusive authority for all major decisions. Parent B ☐ shall / ☐ is not required to inform Parent A of major decisions.

☐ Temporary Decision-Making Delegated to Non-Parent Caregiver — The temporary caregiver named in Part I.D shall have authority to make the following decisions:

• ☐ Routine daily care decisions (meals, bedtime, activities)
• ☐ Enroll/maintain child(ren) in current school
• ☐ Consent to routine and emergency medical care
• ☐ Other: [________________________________]

The parent(s) retain(s) authority for all other major decisions and must be consulted when reasonably available.

B. Specific Decision-Making Allocations During the Temporary Period

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

☐ No domestic violence findings or allegations apply.
☐ Domestic violence has been alleged or found. Temporary sole legal decision-making is appropriate because: [________________________________]
☐ An order of protection is in effect: Case No. [________________________________], issued by [________________________________] on [__/__/____].

PART IV — TEMPORARY PARENTING TIME SCHEDULE

A. Temporary Residence

The child(ren) shall reside primarily with: ☐ Parent A ☐ Parent B ☐ Temporary Caregiver
at [________________________________] during the temporary period.

The child(ren) shall remain enrolled at their current school: [________________________________]

B. Parenting Time for the Non-Residential Parent (or Both Parents if Shared)

☐ Temporary Shared Parenting Time (substantially equal):
Schedule: [________________________________]

☐ Standard Temporary Parenting Time:

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek period: [________] from [____] to [____]
• Other: [________________________________]

☐ Reduced Temporary Parenting Time:

• [________________________________]
• Reason: [________________________________]

☐ Supervised Parenting Time:

• Schedule: [________________________________]
• Supervisor: ☐ Professional supervisor ☐ Approved third party: [________________________________] ☐ Supervised visitation center: [________________________________]
• Supervision conditions: [________________________________]
• Cost borne by: ☐ Visiting parent ☐ Shared ☐ Other: [________________________________]

☐ Virtual/Remote Parenting Time Only (for absent parent):

• Telephone calls: [________________________________]
• Video calls: [________________________________]
• Other communication: [________________________________]

☐ No Parenting Time:
The court has determined, or the parties agree, that parenting time would seriously endanger the child(ren)'s physical, mental, moral, or emotional health. Reason: [________________________________]

C. Temporary Holiday Schedule

☐ The regular parenting time schedule continues through holidays.
☐ The following temporary holiday modifications apply:

D. Exchanges

• Location: ☐ School ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral location: [________________________________] ☐ Safe exchange site (A.R.S. § 25-403.10): [________________________________]
• Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Other: [________________________________]
• Exchange protocols: Neither parent shall be late without advance notice. A [____]-minute grace period applies. Neither parent shall send a new partner or unauthorized person for exchanges without prior written agreement.

PART V — COMMUNICATION DURING THE TEMPORARY PERIOD

A. Between Parents

Communication method: ☐ Co-parenting app (☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________]) ☐ Email ☐ Text ☐ Phone ☐ Through attorneys only ☐ Other: [________________________________]

Communication guidelines:

1. All communications shall be respectful, child-focused, and in writing when possible
2. Non-emergency messages require a response within [____] hours
3. Emergency messages (child's immediate health/safety) require an immediate response
4. Neither parent shall discuss the pending legal proceedings with the child(ren)

B. Parent-Child Communication

Each parent (or caregiver) shall facilitate communication between the child(ren) and the other parent:
☐ Daily phone/video call at [____] for up to [____] minutes
☐ Reasonable calls as requested by the child(ren) or parent
☐ Other: [________________________________]

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

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

D. Address and Contact Changes

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

PART VI — FINANCIAL RESPONSIBILITIES DURING TEMPORARY PERIOD

A. Temporary Child Support

☐ No temporary child support at this time; to be determined at temporary orders hearing.
☐ Parent A shall pay temporary child support of $[________________________________] per ☐ month ☐ week to Parent B, beginning [__/__/____].
☐ Parent B shall pay temporary child support of $[________________________________] per ☐ month ☐ week to Parent A, beginning [__/__/____].
☐ The Temporary Caregiver shall receive $[________________________________] per ☐ month ☐ week from [________________________________] to cover the child(ren)'s living expenses.

B. Health Insurance

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

C. Unreimbursed Medical Expenses

During the temporary period, unreimbursed medical expenses shall be:
☐ Shared equally (50/50)
☐ Divided proportionally: ____% Parent A / ____% Parent B
☐ Paid by: [________________________________]
☐ Deferred to final order

D. Other Expenses

Responsibility for the following during the temporary period:

PART VII — RESTRICTIONS AND PROTECTIVE PROVISIONS

A. Standard Restrictions (applicable to both parents/caregiver)

1. ☐ Neither parent shall remove the child(ren) from the State of Arizona without prior written consent of the other parent or court order (consistent with the A.R.S. § 25-315 preliminary injunction, if applicable).

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

3. ☐ Neither parent shall discuss the pending legal proceedings, court hearings, or adult disputes with or in the hearing of the child(ren).

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

5. ☐ All firearms in either parent's home (or the caregiver's home) shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6. ☐ Neither parent shall introduce the child(ren) to a new romantic partner during the temporary period. / ☐ Neither parent shall allow a new romantic partner to stay overnight while the child(ren) are present.

7. ☐ Neither parent shall interfere with the other parent's scheduled parenting time.

B. Additional Restrictions (if applicable)

☐ Drug/alcohol testing: [________________________________] shall submit to ☐ random ☐ scheduled drug/alcohol testing at a frequency of [________________________________]. Testing shall be conducted by [________________________________]. Results shall be provided to [________________________________].

☐ Mental health evaluation: [________________________________] shall complete a mental health evaluation by [__/__/____] with [________________________________].

☐ No contact: [________________________________] shall have no direct contact with [________________________________] except through [________________________________].

☐ Supervised exchanges: All exchanges of the child(ren) shall be supervised by [________________________________] at [________________________________].

☐ Surrender of passport: [________________________________] shall surrender the child(ren)'s passport(s) to ☐ the court ☐ Parent A's attorney ☐ Parent B's attorney.

☐ Other: [________________________________]

PART VIII — NON-PARENT CAREGIVER PROVISIONS

(Complete only if temporary decision-making or physical care is being delegated to a non-parent caregiver.)

☐ Not applicable — This Part does not apply.

☐ Applicable — A non-parent temporary caregiver is involved.

A. Caregiver Authorization

The parent(s) authorize the Temporary Caregiver to:
☐ Enroll and maintain the child(ren) in their current school
☐ Consent to routine medical and dental care
☐ Consent to emergency medical treatment
☐ Obtain prescription medications
☐ Communicate with teachers, counselors, and school administrators
☐ Transport the child(ren) for school and activities
☐ Make routine daily care decisions
☐ Other: [________________________________]

B. Caregiver Restrictions

The Temporary Caregiver shall NOT:

1. Relocate the child(ren) outside of [________________________________] without the parent(s)' written consent
2. Delegate care of the child(ren) to a third party for more than [____] consecutive hours without the parent(s)' written consent
3. Make major decisions without consulting the parent(s) if reasonably available
4. Administer corporal punishment
5. Allow contact between the child(ren) and any individual the parent(s) have specifically prohibited

C. Caregiver Reporting

The Temporary Caregiver shall provide the parent(s) with:

• Weekly updates on the child(ren)'s well-being, school performance, and activities
• Immediate notification of any emergency, illness, injury, or behavioral concern
• Copies of report cards, medical records, and other important documents
• Access for parenting time and communication as specified in this Agreement

D. Transition Back to Parent

Upon termination of the temporary arrangement:
☐ The child(ren) shall be returned immediately to [________________________________].
☐ A graduated transition schedule shall apply:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3+: Full resumption of parental care

PART IX — DISPUTE RESOLUTION

A. During the Temporary Period

1. Direct communication — Parents shall attempt to resolve disputes through respectful communication.
2. Emergency motion — Either party may file an emergency motion with the Superior Court under A.R.S. § 25-404 or Rule 48, Arizona Rules of Family Law Procedure, if the child(ren)'s safety is at risk.
3. Conciliation Court — The parties may use Conciliation Court services in [________________________________] County for mediation.
4. Court hearing — Either party may request a temporary orders hearing under A.R.S. § 25-404.

B. Attorney Fees

The court may award reasonable attorney fees in connection with any temporary orders proceeding pursuant to A.R.S. § 25-324.

PART X — PARENTING EDUCATION (A.R.S. § 25-351 et seq.)

Arizona law requires both parents to complete the Parent Information Program (PIP) within 45 days of filing or being served with a petition in a family court case involving a minor child.

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

PART XI — EXECUTION

The undersigned parties enter into this temporary arrangement voluntarily, understanding that:

1. This is a temporary arrangement, not a final order.
2. This arrangement does not prejudice either party's rights at any subsequent hearing.
3. Either party may request a modification through the court at any time based on changed circumstances.
4. This arrangement shall be submitted to the court for approval and shall not be effective until the court approves and enters it as an order.

PETITIONER / PARENT A:

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

RESPONDENT / PARENT B:

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

TEMPORARY CAREGIVER (if applicable):

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Relationship to child(ren): [________________________________]

ATTORNEY SIGNATURES

Attorney for Petitioner:
Signature: _________________________________
Name/SBN: [________________________________]
Firm: [________________________________]
Address/Phone/Email: [________________________________]

Attorney for Respondent:
Signature: _________________________________
Name/SBN: [________________________________]
Firm: [________________________________]
Address/Phone/Email: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulated Agreement for Temporary Legal Decision-Making and Parenting Time pursuant to A.R.S. § 25-404, and having considered the best interests of the minor child(ren) under A.R.S. § 25-403, hereby finds:

1. Temporary legal decision-making and parenting time arrangements are necessary pending resolution of the underlying proceeding.
2. The temporary arrangements serve the child(ren)'s best interests.
3. ☐ No domestic violence findings apply. / ☐ Domestic violence provisions in Part III.C are incorporated.
4. This temporary order does not prejudice the rights of the parties at any subsequent permanent hearing (A.R.S. § 25-404(B)).

IT IS HEREBY ORDERED that:

1. The Stipulated Agreement is approved and entered as a temporary order of this Court.
2. This order shall remain in effect until a final order is entered, the case is dismissed, or further order of this Court.
3. ☐ The preliminary injunction under A.R.S. § 25-315 remains in full force and effect.
4. ☐ Additional conditions: [________________________________]

Date: [__/__/____]

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

SOURCES AND REFERENCES

• A.R.S. § 25-404 — Temporary orders
• A.R.S. § 25-315 — Temporary orders; preliminary injunction
• 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. § 25-351 — Domestic relations education
• A.R.S. § 25-324 — Attorney fees and costs
• Arizona Court Help — Custody Considerations
• Hildebrand Law — Temporary vs. Permanent Custody Orders
• Arizona Law Group — ARS 25-404 Temporary Orders
• Pima County Conciliation Court — Parent Education