Arizona law requires that parents with a custody situation submit a parenting plan to the court. The parenting plan, also called a custody agreement, should include all of the necessary information about how parents will continue to care for and provide for their children after separating. It is important that parents take the time to make the best plan for their children. Here are some helpful ideas for making an Arizona custody agreement.
In Arizona, parents who agree on a parenting plan can work together and submit it to the court. The Arizona supreme court has published some Model Parenting Time plans, and these are considered to be a persuasive authority. Parents can look at these plans to get some ideas, but they don't need to choose one of them. If the parents are unable to cooperate, they will go to custody court and a judge will decide the terms and conditions of the plan. Once a plan is accepted by the court it becomes a legal document.
The first necessary part of the parenting plan is the schedule for parenting time. This is usually referred to as a custody or visitation schedule. It is a calendar that outlines when the child is with each parent, and it shows where the child is every day of the year. The first step for making this schedule is to decide how physical custody will be shared. Physical custody means the time the child spends residing with each parent. One parent can be given sole custody, which means that the child spends the majority of time living with that parent, and the other parent has visitation. Or, the parents can share physical custody, which is when the child spends time living with the mother and father.
Once physical custody is decided, the parents should make a schedule of when the child is with each parent. The schedule should include the everyday schedule which is usually a repeating cycle of custody and visitation. The parents should also add in a holiday schedule, vacation time, and special events.
Along with physical custody, parents need to include information about legal custody in their Arizona parenting plans. Legal custody means the right parents have to make decisions about and for the children. This responsibility can be given to one parent, or both parents can share it. Parents should make sure that the legal custody is clearly defined so each parent knows what decisions they are involved with and what to do to make decisions about the child.
Parents can also add any provisions or stipulations that they want to the agreement. They should include anything they think will help the plan work better or that will help the parents cooperate. In Arizona, parents must include a provision that specifies a procedure for how they will make changes to the plan, and they must include information about how they will periodically review the plan to make sure it fits the needs of the child. Every county in Arizona has individual requirements about what exactly needs to go in the plan. Parents should check with their county courthouse to make sure the plan is complete.
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