Understanding Arizona’s “Best Interest Factors”: What Judges Really Look At
When parents go through a divorce or custody case in Arizona, one of the biggest questions is: “How will the judge decide what’s best for my child?”
The answer lies in Arizona law—specifically A.R.S. § 25-403—which lists the “best interest factors” that judges must consider in every case involving legal decision-making (custody) and parenting time. Understanding these factors can help parents present their case more effectively and, most importantly, focus on what truly matters: their child’s well-being.
What Are “Best Interest Factors”?
These are the criteria judges look at to determine what arrangement serves the child’s physical, emotional, and mental health. Unlike myths you may hear, custody isn’t automatically given to one parent over the other. Instead, judges analyze each factor, apply it to your family’s situation, and weigh what arrangement best supports the child.
The Factors, Explained in Plain English
Here’s a breakdown of the key best interest factors under A.R.S. § 25-403, with practical examples:
1. The child’s relationship with each parent, siblings, and others
Judges consider the strength of the bond with each parent, siblings, grandparents, and other significant people.
Example: If a child has been living primarily with Mom but sees Dad every weekend, the judge will look at how those relationships affect the child’s sense of stability and support.
2. The child’s adjustment to home, school, and community
Stability matters. Judges want to minimize disruption in a child’s life.
Example: A child who has attended the same school for years and has a strong friend group may not benefit from suddenly moving to a new district without good reason.
3. The child’s wishes (if of suitable age and maturity)
Older children’s opinions may be considered, though they don’t get to “pick” which parent to live with.
Example: A 14-year-old who expresses a clear preference may have more influence than a 7-year-old who can’t fully understand the situation.
4. The mental and physical health of all individuals involved
Judges look at whether either parent has physical, mental health, or substance abuse issues that affect their ability to parent.
5. Which parent is more likely to encourage a relationship with the other parent
This is a big one. Courts favor parents who foster, rather than block, the child’s relationship with the other parent.
Example: A parent who withholds visitation or bad-mouths the other parent in front of the child may be viewed unfavorably.
6. Acts of domestic violence or child abuse
Safety is the top priority. Judges will not place a child in an unsafe environment.
7. Any history of one parent misleading the court or causing unnecessary delay
Judges want honesty and cooperation. Parents who file frivolous motions or misrepresent facts can hurt their own case.
8. Practical considerations
This includes things like distance between homes, each parent’s work schedule, and how exchanges would realistically work day to day.
What Judges Really Want to See
At the end of the day, judges want evidence that parents are:
Putting their child’s needs above their own conflict.
Offering stability, consistency, and support.
Willing to co-parent respectfully.
It’s not about who “wins” the case—it’s about ensuring the child can thrive.
Takeaway
If you’re preparing for a custody or parenting time case, remember: the court’s focus isn’t on punishing one parent or rewarding the other. It’s about applying the best interest factors in a way that supports your child’s health, safety, and happiness.
By understanding these factors and aligning your actions with them, you not only strengthen your case but also help create a healthier future for your child.
At The Law Office of Adriana M. Orman, PLLC, we guide parents through Arizona’s custody process with compassion and clarity—always keeping the focus where it belongs: on the best interests of your children.