What is the difference between Legal Decision-Making and Parenting Time in Arizona?

In Arizona, Legal Decision-Making refers to the authority to make major non-emergency decisions for a child, such as education, health care, and religious training. Parenting Time refers to the actual schedule of when the child is physically with each parent. Most mediated plans result in Joint Legal Decision-Making.

Is a mediated parenting plan legally binding in Arizona?

Yes. Once your mediated parenting plan is signed by both parents and submitted to the court, it becomes a legally binding court order.

What happens if my co-parent violates the parenting plan?

If a parent consistently violates the court-ordered parenting plan, you can file a petition to enforce the order with the court. Mediation can also include dispute resolution clauses requiring a return to mediation or arbitration before new court motions.

Can we modify our parenting plan if our schedule changes?

Yes. Parenting plans in Arizona can be modified. If both parents agree, you can submit a stipulation to modify the existing order. If parents cannot agree, they may return to mediation to negotiate new terms.

Do children have a say in the parenting plan in Arizona?

Arizona law requires the court to consider the wishes of the child depending on the child’s age and maturity. In mediation, parents can discuss how to appropriately consider a child’s input without placing the burden of choice directly on them.

Peaceful Resolution

Mediation for Unmarried Parents in Arizona

You may not be married, but you are both parents, and if you’re reading this, you want what’s best for your kids.The first step is developing a clear parenting plan that works out a schedule, decision-making authority, and child support. Whether you're still living together, already separated, or just want an agreement in place while things are calm, mediation lets you and your co-parent work it out together, with a certified attorney-mediator guiding the conversation, instead of waiting for a disagreement to force you into court.

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What Mediation Actually Is

Mediation is a structured conversation between you and your co-parent, guided by a neutral, certified attorney-mediator. The mediator does not decide anything for you and does not take sides. Instead, they help you both understand Arizona law, walk through your options, and help you reach an agreement that best fits your family’s needs. Your mediator will also put your agreement into a written document the court can approve.

A typical mediation covers:

-A parenting time schedule
-Legal decision-making (who has a say in school, medical care, and religious upbringing)
-Child support
-Communication between households
-Holidays, travel, and vacation time
-How to handle disagreements or changes down the road

The Three Areas Mediation Usually Covers

Unmarried parents typically need to work out three things. Depending on your situation, you may need all three, or just one or two.

1. Your Parenting Plan

A parenting time schedule, legal decision-making, holidays, exchanges, and communication, shaped around your family’s needs under A.R.S. § 25-403.02 and § 25-401.

2. Child Support

Evaluated under Arizona Guidelines (A.R.S. § 25-320) based on both parent’s incomes and parenting time. While the state formula offers a standard benchmark, parents in mediation have the flexibility to adjust it.

3. Parentage, If Needed

Some parents already have this settled. If not, mediation helps you understand the acknowledgment or court process and coordinate timing.

1. Your Parenting Plan

This is the day-to-day framework: a parenting time schedule, how legal decision-making is shared, and how you'll handle holidays, exchanges, and communication going forward. Arizona sets required elements for every parenting plan under A.R.S. § 25-403.02, and defines legal decision-making and parenting time under A.R.S. § 25-401. Our Parenting Plan Mediation meetings are where you and your co-parent shape those pieces around your family, rather than a generic template. If legal decision-making becomes the primary point of disagreement, mediation can spend additional time helping you work through that issue and reach an agreement.

2. Child Support

Whether or not you were ever married, child support is calculated the same way for everyone under the Arizona Child Support Guidelines in A.R.S. § 25-320, which weigh both parents' incomes and parenting time. Our Child Support Mediation meetings walk you both through the same numbers a court would use, so the figure makes sense to everyone rather than arriving as a surprise. Think of the state calculator as a helpful guide—in mediation, you and your co-parent decide whether to stick with that number or adapt it to fit your child's needs.

3. Establishing Parentage, If It Isn't Settled Yet

For some unmarried parents, this step is already handled, though it's worth knowing that not all paths carry the same legal weight. A birth certificate jointly signed by both parents creates a rebuttable presumption of parentage under A.R.S. § 25-814[3], meaning it can still be challenged with clear and convincing evidence. A properly notarized or witnessed Acknowledgment of Paternity, filed under A.R.S. § 25-812[4], goes further: once filed, it's treated as a determination of paternity with the same force as a superior court judgment. For others, parentage still needs to be resolved, either through that acknowledgment process or through the court, before a parenting time or support order is possible. When parentage is disputed, a proceeding can be commenced under A.R.S. § 25-803 and § 25-806[5], with contested cases and genetic testing addressed under A.R.S. § 25-807[6]. Mediation itself doesn't establish parentage; that happens through the acknowledgment process or the court. What mediation can do is help you understand where things stand and coordinate that step alongside everything else, so it doesn't hold up the rest of your plan. If parentage hasn't been addressed at all yet, our Paternity Mediation page walks through that process in more detail.

Why This Matters More for Unmarried Parents

Married parents start from a legal relationship the court already recognizes. Unmarried parents don't automatically have that same structure; rights to parenting time and decision-making generally need to be put in writing and, eventually, approved by a court. That gap is exactly why early agreements matter so much. Without one, either parent may be left assuming they have rights or a say in the matter that, legally, they don't yet have. Many parents wait too long to put anything in writing, often because things feel fine right now and no one wants to “rock the boat.” But the calmest moment, while you're on good terms, is exactly the right time to agree on everyone's rights and responsibilities. This is true whether you're living together, living apart, or never lived together at all, and it holds regardless of how well you and your co-parent currently get along. A cooperative relationship today doesn't guarantee one a year from now, especially once new partners, moves, or changes in income enter the picture. Waiting until there's an inevitable challenge makes the same conversation much harder.

Why Parents Choose Mediation

Stay in Control

In court, a judge who has never met your family makes the final call. In mediation, you and your co-parent decide together, with room for flexible, creative solutions.

Protect Your Child

Mediation keeps parents focused on problem-solving, supporting a stable, consistent environment for your child.

Save Time and Money

Many mediations resolve in one or two meetings, at a flat fee you know in advance, with no hourly billing or retainer.

Keep It Private

Mediation conversations are confidential. Court filings are part of the public record; your mediation meetings are not.

Build Something Flexible

Tailor the plan to your actual schedules and your child's needs, rather than a one-size-fits-all order.

Keep a Working Relationship

You'll likely be co-parenting for years. Reaching agreements together sets a more cooperative tone than a contested court case.

When Mediation May Not Be the Right Fit

Mediation depends on both parents being able to participate in good faith. Our mediators can help you decide if mediation is appropriate in your circumstance. You can schedule a private call with one of our mediators to discuss any concerns you may have and to have your questions answered. Mediation may not be appropriate when there are:

-Serious safety concerns and active domestic violence
-A significant power imbalance between parents
-Untreated substance abuse
-Child abuse or neglect

In these situations, court involvement and legal protections may be necessary.

Documents You'll Need

Coming to mediation prepared shortens the process and keeps things moving. Depending on where you and your co-parent stand, you may need:

-Recent pay stubs, tax returns, or other income documentation for both parents
-Records of child-related expenses, including health insurance and childcare costs
-Any existing informal parenting schedule or notes on what has been working
-Identification for both parents

We'll confirm exactly what applies to your situation during your free consultation, so you're not guessing about what to bring.

How an Agreement Becomes Legally Binding

Once you and your co-parent reach agreement, whether on the parenting plan, support, or parentage, your mediator prepares the documents. You’ll review, approve, and sign them before they’re submitted to the Arizona Superior Court. Once a judge reviews and signs your agreement, it becomes a binding, enforceable court order, the same as if it had been decided after a trial.

Frequently Asked Questions

No. Unmarried parents can use mediation whether you're separating, living apart, or simply want a written plan in place while things are amicable. Proactive planning helps parents align on their goals early, ensuring clarity, harmony, and stability for their children.

Yes, once it's signed by both parents and approved by the court. Before that, it's a private agreement between you; after court approval, it carries the same weight as any other family court order.

That's normal, and it's exactly what mediation is built for. Your mediator helps you work through the sticking points one at a time. If a handful of issues truly can't be resolved, the court can decide just those specific pieces. Most parents resolve far more than they expect. In fact, more than 95% of Aurit clients reach full agreements and complete their process in mediation.

Mediation doesn't require it, but you're always welcome to have an attorney review your agreement before you sign. Your attorney-mediator provides legal information to both of you but does not represent either of you individually.

Most families complete mediation in just a few 2-hour meetings, far faster than litigation. Aurit works on a flat fee so you know the cost before you begin.

Yes. Mediation works whether you were briefly together, lived together for years, or never shared a home at all. What matters is that you're both willing to sit down and work toward an agreement for your child.

Meet Our Founders and Mediators

Michael Aurit, JD, MDR, and Karen Aurit, MA

Aurit Mediation is dedicated to transforming divorce through compassion. They have guided thousands of families to peaceful resolutions. Our licensed attorney-mediators are experts in Arizona family law, ensuring every agreement is legally compliant and protects your interests.

Meet the full team →

You don't need to be married to give your child a stable, clearly written plan, and you don't need to wait for a disagreement to start one.

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Sources

[1] A.R.S. § 25-403.02 (Parenting plans) and A.R.S. § 25-401 (Definitions) — azleg.gov/ars/25/00403-02.htm, azleg.gov/ars/25/00401.htm

[2] A.R.S. § 25-320 (Child support; Arizona Child Support Guidelines) — azleg.gov/ars/25/00320.htm

[3] A.R.S. § 25-814 (Presumption of paternity) — azleg.gov/ars/25/00814.htm

[4] A.R.S. § 25-812 (Voluntary acknowledgment of paternity) — azleg.gov/ars/25/00812.htm

[5] A.R.S. § 25-803 (Persons who may commence proceedings) and A.R.S. § 25-806 (Petition) — azleg.gov/ars/25/00803.htm, azleg.gov/ars/25/00806.htm

[6] A.R.S. § 25-807 (Precedence of maternity and paternity proceedings; genetic testing) — azleg.gov/ars/25/00807.htm