Child Custody Laws in Arizona FAQ

Custody of a child in Arizona include court orders awarding one or both parents the right to make legal decisions for their child and a parenting time schedule for those parents to spend time with their child.

The three types of legal decisions making in Arizona are joint legal decisions making where both parents have an equal say in making legal decisions for a child, sole legal decision making where one parent has the exclusive right to make legal decisions for a child, and joint legal decision making with one parent designated as the final decision maker for the child if the parents cannot reach an agreement regarding that legal decisions.

A judge has broad discretion in determining how much time each parent will spend with children and can range from one parent having primary physical custody of the child with the other parent seeing the child every other weekend to as much as equal parenting time for both parents.

The court may award visitation with a child in Arizona under limited circumstances such as when the parents are divorced, the parents were never married, or a parent is deceased or missing and the grandparent is the parent of that deceased or missing parent. For more detailed information about grandparents visitation rights, please refer to our in-depth article about divorce and grandparent’s visitation rights in Arizona.

A parent may ask the court to change a child’s last name in Arizona. The court will only change the child’s last name if the court decides it is in the child’s best interest to do so. For more detailed information about changing a child’s last name in Arizona, please refer to our in-depth article about changing a child’s last name in Arizona.

The Parent Information Program class is a class parents are required to take if they are involved in a case that involves custody of a child. The class is intended to provide practical tips on how to effectively co-parent a child. For more detailed information about the Parent Information Program class, please read our article about the Parent Information Program Class in Arizona.

Arizona law precludes a judge from favoring Mother’s in a child custody case in Arizona. Please review our in-depth article about whether Arizona courts favor mothers in custody battles.

Multiple relocations that result in a parent moving more than 100 miles from the location where that parent resided when the last child custody order was issued triggers the application of the Arizona relocation statute. Read our in-depth article about the effect of moving children many times in an Arizona child relocation case.

Parental alienation occurs when one parent facilitates a child disengaging in a relationship with the other parent. You should read our in-depth article about parental alienation in Arizona.

Yes, a judge will enforce a court order for visitation in Arizona. A parent needs to file a Petition to Enforce or Petition for Contempt to enforce visitation in Arizona. You should read our in-depth article on how to enforce a child visitation order.

No, a judge cannot delegate a child custody decision to a psychologist or other expert in Arizona. You should read our in-depth article about the law that prohibits a judge from delegating child custody decisions to an expert in Arizona.

There is a debate over whether Arizona child custody statutes create a presumption of equal parenting time in Arizona. Despite that debate, there is no disagreement that there is no Arizona law that specifically says there is a presumption of equal parenting time in Arizona. You should read our in-depth article about the debate over a presumption of equal parenting time in Arizona.

A judge in Arizona may award a parent sole custody of a child for many reasons including, but limited to, the existence of domestic violence, child abuse, and substance abuse. You should read our in-depth article regarding how to get sole custody in Arizona.

Co-parenting in Arizona simply refers to two parents who work cooperatively with each other to raise their children in two separate households without significant conflict. You should read our in-depth article about co-parenting after divorce in Arizona.

A parent wishing to change a child’s last name must file a petition with the court to change the child’s last name and provide the other parent the opportunity to object to the name change. A judge will only change the child’s last name if the judge determines it is in the child’s best interests. You should read our article on how a parent can change a child’s last name.

A judge may grant a parent emergency custody of a child if a parent files a Petition for Emergency Child Custody and a judge believes the allegations leads the judge to believe a child is in imminent danger of harm. You should read our in-depth article about getting emergency child custody orders in Arizona.

Yes, a judge can modify visitation with a child if there is a substantial and continuing change in circumstance and it is in the child’s best interests among other factors. You should read our in-depth article about how a parent may ask to modify visitation in Arizona.

A child custody evaluation, referred to as a Comprehensive Family Evaluation, occurs when an expert, such as a psychologist, interview parents, children, family members and others and conducts psychological tests on the parents for the purpose of making child custody and parenting time recommendations to the court. You should read our in-depth articles on child custody evaluations in Arizona and how to prepare for a child custody evaluation in Arizona.

Yes, a judge may award custody of a child to a grandparent or stepparent under very limited circumstances. You should read our in-depth article about how a grandparent or stepparent can get custody of a child in Arizona.

Yes, a parent can object to prevent the other parent from moving their child more than 100 miles from the residence where they were living when the last child custody orders were issues. You should read our article about contesting relocation of a child in Arizona.

Both parents have an equal right to the care, custody and control of their children when a divorce is filed. You should read our in-depth article about who gets custody of children when a divorce is filed in Arizona.

Yes, a judge must apply the factors in Arizona Revised Statute Section 25-403 and, if a parent wants to move with the child more than 100 miles from their residence, Arizona Revised Statute Section 25-408. You should read our in-depth article about the child custody factors in Arizona.

Joint legal decision making gives both parents an equal say in making decisions, such as where the child will go to school, the doctors they will see, and the medications the child will take. You should read our in-depth article about joint legal custody in Arizona.

A Parenting Coordinator is an expert, typically a psychologist, who is appointed by the court to meet with both parents whenever they disagree about a decision for their child. The Parenting Coordinator then issues a report to the containing his or her findings and recommendations regarding the dispute. You should read our in-depth article on parenting coordinators in Arizona.

No, a parent with sole custody cannot limit the other parent’s access to a child’s medical records in Arizona. You should read our in-depth article on why a parent with sole custody can’t limit a parent’s access to a child’s medical records.

The parent moving must provide written notice of the intent to relocate the child to another state. The other parent can then file an objection to the proposed relocation with the court. The court will decide the issue after a trial. You should read our in-depth article about what happens when a parent wants to move out-of-state with a child.

If the contested hearing occurred before a municipal court judge, the parent may ask a Superior Court Judge to modify the order of protection to allow a parent to spend time with a child. However, if the contested hearing occurred before a Superior Court Judge, the parent cannot see the child until the order of protection is modified to allow visitation or it expires. Learn more about parenting after losing an order of Protection hearing.

Yes, a judge may issue a temporary child custody order before making final child custody orders. You should read our in-depth article about temporary child custody in Arizona.