What to Expect During a Child Custody Case in Arizona
If you are going through a divorce or separation in Arizona and children are involved, a child custody case can feel overwhelming. Understanding the process — and what Arizona law actually requires — can help you make better decisions for your family and your future.
How Arizona Defines Child Custody
Arizona uses the term “legal decision-making” instead of legal custody and “parenting time” instead of physical custody. Legal decision-making refers to a parent’s authority to make major decisions about a child’s education, healthcare, and religious upbringing. Parenting time refers to the actual schedule of when each parent spends time with the child.
Courts in Arizona strongly favor both parents being involved in a child’s life. Unless there are serious concerns such as domestic violence, substance abuse, or child abuse, judges typically award joint legal decision-making and substantial parenting time to each parent.
The Best Interests of the Child Standard
In every Arizona custody case, the court’s primary focus is the best interests of the child. Under Arizona Revised Statutes Section 25-403, judges consider multiple factors when making custody decisions, including the nature of the child’s relationships with each parent, each parent’s ability to provide stability and care, the child’s adjustment to home and school, whether either parent has been the primary caregiver, any history of domestic violence or abuse, and the wishes of the child depending on the child’s age and maturity.
No single factor is automatically decisive. Instead, judges weigh the totality of circumstances to arrive at an arrangement that serves the child’s physical, emotional, and developmental needs.
What Happens at a Custody Hearing in Arizona
If parents cannot reach a custody agreement on their own, or through mediation, the case goes before a judge. At the hearing, both parents can present evidence and testimony about their parenting capabilities, their relationship with the child, and their proposed parenting plan.
The judge may also appoint a parenting coordinator or a best interest attorney, also known as a guardian ad litem, to represent the child’s interests separately from either parent’s attorney.
Parenting Plans: What to Include
Arizona courts require parents to submit a proposed parenting plan as part of any custody case. A good parenting plan covers the regular parenting time schedule including weekdays, weekends, and overnights, how holidays and school breaks will be divided, how parents will communicate about the child, where exchanges will happen, how major decisions will be made, and how the plan will be modified if circumstances change.
Courts encourage parents to agree on a plan whenever possible. If parents cannot agree, the judge will create one based on the evidence presented. Having a detailed, child-focused parenting plan is one of the most important documents in your custody case.
Can a Custody Order Be Changed Later?
Yes. Arizona allows either parent to request a modification of a custody order if there has been a substantial and continuing change in circumstances. Common reasons for seeking a modification include a parent relocating, a significant change in a child’s needs, a parent’s remarriage or change in living situation, concerns about a child’s safety or wellbeing, or a child’s expressed preference if the child is older.
Modification cases can be complex, especially when one parent wants to move out of the Phoenix metro area or out of state. An experienced family law attorney can help you understand whether your circumstances meet the legal threshold and how to present the strongest possible case.
Questions About Child Custody in Arizona? We Can Help.
The Law Office of Adriana M. Orman, PLLC represents clients in Goodyear, Arizona and throughout the West Valley in family law, juvenile law, and criminal defense matters. We understand how much is at stake in a custody case, and we are committed to providing personalized, strategic representation for you and your family. Contact us today to schedule a consultation.