What does the judge consider when determining legal decision-making and parenting time?

For legal decision-making, Arizona law provides guidance to the courts by listing factors that the court should consider. A.R.S. § 25-403 These include such things as the past, present and potential future relationship between the parent and child; how the child interacts with each parent, other children in the family, and any other person who may significantly affect the child’s best interest; the child's adjustment to home, school and community; 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 for frequent, meaningful and continuing contact between the child and the other parent; whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or parenting time preference to that parent; whether there has been domestic violence or child abuse; whether coercion or duress was applied in coming to an agreement regarding legal decision-making or parenting time; whether the parents participated in the required parent education course; and whether either parent has been convicted of falsely reporting child abuse or neglect.

If there is a dispute about parenting time, the court sometimes refers the parents to court mediation services. This process gives the parents an opportunity to reach an agreement regarding parenting time and related issues. However, if the parties are unable to agree on parenting time, the court must decide for them. Sometimes the court seeks professional advice to evaluate the family situation or offer an opinion about parenting time. When making its decision, the court will consider many factors, for example, the age and health of the child, the time each parent has available from work or other obligations, the distance between the parents' homes, the child's school schedule and the suitability of living conditions in each parent's home.