Q: Legal concerns for an exclusivity agreement in Arizona including child valuation.

A: You are entitled to enter into private contracts with another adult, including exclusivity agreements with financial consequences. However, Arizona courts will not enforce any term that conflicts with public policy or statutory protections—especially when it comes to children. Assigning a fixed monetary “value” to a child or tying financial penalties to a breach of exclusivity in the context of a child may raise serious legal and ethical red flags, regardless of mutual consent.

Courts retain full authority over matters involving children, including custody, support, and the child’s best interests. No private contract can override Arizona's statutory child support guidelines or a judge’s discretion in determining what is fair and necessary for a child’s welfare. Even if your contract states that the payment structure is independent of child support, a court may find it void if it appears to penalize parenting behavior, limits obligations to a child, or contradicts public interest in family law.

If you move forward, you must clearly define that all financial terms are between the consenting adults and have no bearing on parental rights or responsibilities. Also, avoid any language suggesting a child is being “valued” or that support is being substituted—such language could make the entire agreement unenforceable. The key concern is that the agreement must not intrude on the court’s jurisdiction over child-related matters or appear coercive. Structure it around adult commitments, not child-based calculations.