How is child custody decided in Arizona?

Arizona child custody is governed by A.R.S. Title 25, Chapter 4, Article 1.

1. Terminology

Arizona replaced 'custody' with:

Legal decision-making (A.R.S. § 25-401(3)) — decisions about education, healthcare, religion, and personal care decisions. Joint or sole.

Parenting time (§ 25-401(5)) — schedule of time with each parent.

2. Best Interest Factors (A.R.S. § 25-403)

The court must consider:

Past, present, and potential future relationship between the parent and the child.

Interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may significantly affect the child's best interest.

Child's adjustment to home, school, and community.

If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

Mental and physical health of all individuals involved.

Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent.

Whether one parent intentionally misled the court to cause an unnecessary delay, increase costs, or persuade the court to give a legal decision-making or parenting time preference.

Whether there has been domestic violence or child abuse pursuant to § 25-403.03.

Nature and extent of coercion or duress used by a parent in obtaining an agreement.

Whether a parent complied with Chapter 3, Article 5 (parent education).

Whether either parent was convicted of an act of false reporting of child abuse or neglect.

The court must make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child (§ 25-403(B)).

3. No Presumption — Maximize Parenting Time (A.R.S. § 25-403.02(B))

The court 'shall not prefer a parent's proposed plan because of the parent's or child's gender.' The court 'shall adopt a parenting plan that... maximizes their respective parenting time.'

4. Domestic Violence Presumption (A.R.S. § 25-403.03)

If the court finds 'significant' domestic violence has occurred, joint legal decision-making shall not be awarded. There is a rebuttable presumption that an award of sole or joint legal decision-making to the perpetrator is contrary to the child's best interest.

5. Child's Preference

Factor 4 — no specific age. Arizona courts consider mature preferences. Practically, courts give significant weight to children age 12 and older.

6. Parenting Plan (A.R.S. § 25-403.02)

Required in every case. Must include:

Designation of legal decision-making (joint or sole, and how disagreements are resolved).

Each parent's rights and responsibilities.

Schedule of parenting time.

Procedure for periodic review.

Procedure for resolving disputes.

Procedure for proposed relocation.

7. Modification (A.R.S. § 25-411)

Generally requires a substantial and continuing change of circumstances since the prior order, plus best interest. Modification petitions cannot be filed within 1 year of a prior order unless there is a serious endangerment showing.

8. Relocation (A.R.S. § 25-408)

A parent intending to relocate the child either (a) outside Arizona or (b) more than 100 miles within Arizona must give written notice 45 days in advance to the other parent. The non-moving parent may file a petition opposing relocation. The court applies the best interest factors and 8 specific relocation factors.

This is legal information, not legal advice.