Child Custody Laws in Arizona

Arizona uses the terms legal decision-making and parenting time, decided by the child's best interests. Factors include the child's relationship with each parent, adjustment to home, school and community, the child's wishes if of suitable age and maturity, the mental and physical health of everyone involved, which parent is more likely to allow frequent and meaningful contact with the other, domestic violence or child abuse, and coercion in reaching an agreement. State policy is that, absent evidence to the contrary, a child benefits from substantial, frequent, meaningful and continuing parenting time with both parents and from both parents taking part in decisions. If a parent has committed domestic violence, there is a mandatory rebuttable presumption that awarding that parent decision-making or parenting time is contrary to the child's best interests.

A party in a legal decision-making (custody) and parenting time case may file a motion for a temporary order, supported by pleadings as required by § 25-411; the court may grant temporary legal decision-making and parenting time after a hearing, or on the papers if no one objects. If domestic violence is alleged, the court must make written findings. Under the interstate custody law, an Arizona court has temporary emergency jurisdiction if the child is in Arizona and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it.

Yes. Each county superior court runs an education program on the impact of divorce on adults and children. In a dissolution, legal separation or annulment case involving the spouses' minor child, the court orders both parties to complete it, unless the court finds it is not in the best interests of the parties or child, or a party has completed a comparable program.