The law in plain words
Under A.R.S. 25-403, the court decides legal decision-making and parenting time "in accordance with the best interests of the child."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Arizona explains what the figures can and cannot show.
Legal decision-making and parenting time
Arizona replaced "custody" and "visitation" on January 1, 2013.
| Older word | Arizona's word |
|---|---|
| Legal custody | Legal decision-making |
| Physical custody or visitation | Parenting time |
| Visitation by a grandparent | Visitation |
- Joint legal decision-making: both parents share major decisions. Neither outranks the other, except on decisions the order assigns to one parent.
- Sole legal decision-making: one parent makes the major decisions about school, health care and religion.
- Parenting time: each parent's schedule with the child. During it, that parent makes routine decisions.
Sole decision-making does not let a parent change the parenting time schedule alone.
Is Arizona a 50/50 state?
Not by statute. Arizona has no law that presumes equal time. But its rules lean strongly toward both parents.
- State policy: a child benefits from "substantial, frequent, meaningful and continuing" time with both parents, absent evidence to the contrary.
- When parents disagree: under section 25-403.02, the court adopts a plan with shared decisions that "maximizes" each parent's time, if that serves the child.
- The limit: the statute says shared decision-making "does not necessarily mean equal parenting time."
In Woyton v. Ward (2019), the Court of Appeals said equal or near-equal time is generally presumed best. Distance can make it impractical.
A 2026 bill to write a 50/50 presumption into law did not pass. Domestic violence findings override all of this.
The 11 best-interest factors
Section 25-403 lists factors the court must consider, along with anything else relevant:
- each parent's past, present and likely future relationship with the child
- the child's relationships with parents, siblings and other important people
- the child's 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, meaningful contact with the other
- whether a parent intentionally misled the court to delay, raise costs or gain an edge
- any domestic violence or child abuse
- any coercion or duress used to get an agreement
- whether a parent completed the required parent education class
- any conviction for falsely reporting child abuse or neglect
Factor 6 does not count against a parent acting in good faith to protect the child from domestic violence or child abuse.
In a contested case, the judge must make specific findings on the record about every relevant factor.
When judges order joint decision-making
On top of the 11 factors, section 25-403.01 asks four more questions:
- Do the parents agree on joint decision-making?
- If one parent refuses, is that unreasonable, or driven by something unrelated to the child?
- Can the parents cooperate on decisions about the child?
- Is joint decision-making practical?
Under section 25-403.02, the court may not prefer a parent's plan because of the parent's or child's gender.
A parent without decision-making still gets reasonable parenting time, unless a hearing shows it would endanger the child.
Your child's wishes
Arizona sets no age at which a child decides. The child's wishes count only if the child is of suitable age and maturity.
The judge may interview the child in chambers. Unless the parents agree otherwise, the interview is recorded. The court can also take written advice from professionals, which lawyers can ask to see.
Since June 2026, one rule is different. When the domestic violence presumption applies, a child's wish to restart, keep or increase contact with the abusive parent does not count.
Domestic violence since June 2026
The Alec and Lydia Act, House Bill 2995, took effect on June 22, 2026. It rewrote section 25-403.03.
- Safety first: the court must give the highest priority to the safety of the child and the victim.
- Written findings: every domestic violence claim must be resolved in writing before any order.
- Proof: a preponderance of the evidence, meaning more likely than not. No witness or exhibit is needed to back up the victim's account.
- Presumption: once violence is found, giving that parent decision-making or parenting time is presumed against the child's best interests.
- Overcoming it: decision-making or unsupervised time needs clear and convincing evidence.
Domestic violence now includes coercive control. The law lists 15 examples, including financial control, isolation, stalking, tracking and abusive litigation.
The victim cannot be made to supervise visits, or to join the abusive parent in counseling. A presumption that is not overcome carries into later modification cases.
Drugs, alcohol and other presumptions
Arizona has other presumptions too.
- Drugs and alcohol: abusing drugs or alcohol, or a drug or DUI conviction, in the year before filing creates a rebuttable presumption against legal decision-making or parenting time.
- Sex offenders: a registered sex offender gets no decision-making or unsupervised time, unless the court finds no significant risk in writing.
- Sexual assault: a parent convicted of the sexual assault that led to the child's conception has no decision-making or parenting time rights.
Since September 2024, a court cannot order reunification treatment that cuts off the aligned parent, unless both parents agree.
If you were never married
Under Arizona law, a father is not a legal parent until paternity is established. Section 25-814 presumes paternity in these situations:
- the parents were married within 10 months before the birth
- a genetic test shows at least a 95% probability
- both unmarried parents signed the birth certificate
- both signed a notarized or witnessed acknowledgment of paternity
An acknowledgment filed with the court or a state agency has the force of a court judgment. Either parent can rescind it within 60 days, or before any court case about the child if that comes first. After that, a challenge needs fraud, duress or a material mistake of fact.
Once paternity is set, the parent the child lived with for most of the last six months has decision-making, unless a court orders otherwise. That is not always the mother.
A paternity case is set for trial within 60 days of the answer. The court can make temporary parenting time orders while it runs.
Emergency and temporary orders
Arizona has three main routes when a child needs protection quickly.
- Temporary orders: while a case is open, the court can set temporary decision-making and parenting time. Before a final decree, court rules require an evidentiary hearing within 60 days of the motion, with some exceptions.
- Emergency orders without notice: for a risk of immediate, irreparable harm, a judge can act before the other parent is heard. A hearing must be set within 10 days.
- Order of protection: free to file, and it lasts two years from service.
In Maricopa County, emergency motions presented before 4:30 p.m. are addressed by 5 p.m. the same day.
Moving with your child
Section 25-408 applies when both parents live in Arizona and share decision-making or parenting time under an order or written agreement.
- Notice: at least 45 days' written notice before moving the child out of state, or more than 100 miles within Arizona.
- How: by certified mail, return receipt requested, or as the family law rules allow.
- Objection: the other parent has 30 days after notice to ask the court to stop the move.
The parent who wants to move must prove it is in the child's best interests. The court weighs good faith, quality of life and a realistic schedule for the other parent.
A parent who skips notice without good cause must be sanctioned.
Changing an order: the one-year rule
Under section 25-411, you generally cannot ask to change decision-making or parenting time within one year of the order.
- Danger: sworn affidavits showing the child's present environment may seriously endanger them allow an earlier request.
- Domestic violence or child abuse: a joint decision-making order can be challenged at any time for later abuse.
- Ignoring the order: after six months, joint decision-making can be challenged if the other parent fails to comply.
To change decision-making, you must show adequate cause for a hearing in a sworn filing. Requests that only change parenting time are exempt.
If a parent denies court-ordered time, you can file a verified petition under section 25-414. The court must hold a hearing or conference within 25 days of service.
Parenting plans and Arizona's model schedules
If parents cannot agree, each must submit a proposed parenting plan. It must cover:
- joint or sole decision-making, and each parent's responsibilities
- a practical schedule, including holidays and school vacations
- how exchanges work, including any safe exchange location
- how to resolve disputes and handle a proposed move
- how and how often parents communicate about the child
The Arizona Supreme Court's guide, Planning for Parenting Time, offers 14 sample schedules by age. It says it "IS NOT 'the law'" and sets no minimum or maximum.
Since September 2025, a court can order exchanges at a safe exchange location.
How to file for custody in Arizona
Custody cases are heard in the Superior Court. The child must usually have lived in Arizona for at least six months before you file.
- Get your county's forms. In Maricopa County, unmarried parents with paternity set use packet DRCV1. Without paternity, use packet DRP1.
- File the petition and a proposed parenting plan. In Maricopa, the petition is DRCV11F or DRP11F, and the plan is DRCVG11F.
- Serve the other parent with a summons.
- Take the parent education class. It is required in divorce cases with children, and in paternity cases asking for parenting time.
- Use mediation or conciliation services if offered. Many counties provide them.
The Arizona Judicial Branch family law page links to forms and help.
How much does it cost to file for custody in Arizona?
Arizona sets a statewide base fee, and counties may add local fees.
| Filing | Fee |
|---|---|
| Petition to establish custody or support, statewide | $191 |
| Later petition in a family case, statewide | $102 |
| Legal decision-making petition, Maricopa County | $306 |
| Paternity petition, Maricopa County | $371 |
| Order of protection | Free |
By statute, the clerk's fee for the parent education class is capped at $50, and it can be deferred or waived.
If you receive SNAP, TANF or SSI, or your income cannot cover daily essentials, the court must defer your fees. Income at or below 150% of the poverty level can help show that.
What changed in 2024 to 2026
Arizona's recent changes focus on safety.
- June 22, 2026: House Bill 2995 rewrote the domestic violence rules, added coercive control and created a mandatory presumption against the abusive parent.
- September 2026: a sole decision-maker in the address confidentiality program, because of the other parent, can withhold direct records access from that parent.
- September 2025: courts can order exchanges at safe exchange locations.
- September 2024: limits on court-ordered reunification treatment.
A 2026 bill to presume equal parenting time did not pass. Two bills on parenting time experts were vetoed in 2025 and 2026.
Building the record
In a contested case, Arizona judges must make findings on every relevant factor. Denied time, missed exchanges and safety concerns are all shown by dates.
Note each exchange and each incident as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Arizona.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
An Arizona parenting-time record
In contested cases, Arizona judges make findings on every relevant factor. Keep these items current so your facts are ready.
Keep the record Arizona's findings rest on
Casewell keeps dated parenting time, care notes and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Arizona a 50/50 state for child custody?
Not by statute. The court must maximize each parent's time and favors shared decisions, and an appeals court says near-equal time is generally presumed best. Domestic violence overrides that.
What rights do fathers have in Arizona?
The same as mothers once paternity is established. The court may not prefer a plan because of a parent's gender. Before paternity, a father is not a legal parent.
What is a temporary hearing for child custody in Arizona?
A hearing on temporary decision-making and parenting time while the case is open. Court rules generally require it within 60 days of the motion.
How do I get an emergency custody order in Arizona?
File an emergency motion showing a risk of immediate, irreparable harm to the child. A judge can act without notice, and a hearing must follow within 10 days.
Can I move out of Arizona with my child?
If both parents share decision-making or parenting time, give 45 days' written notice. The other parent has 30 days to object, and you must prove the move is best for the child.
How much does it cost to file for custody in Arizona?
The statewide base fee is $191. In Maricopa County, a legal decision-making petition costs $306. Fees can be deferred if you receive benefits or have a low income.
Sources
This page summarizes Arizona Revised Statutes Title 25, as amended through the 2026 session, and Arizona court guidance as of October 2026. It explains the law in general terms and is not legal advice.
- A.R.S. 25-403 โ best-interest factors checked
- A.R.S. 25-403.02 โ parenting plans and maximizing parenting time checked
- A.R.S. 25-403.03 โ domestic violence (as amended June 22, 2026) checked
- A.R.S. 25-103 โ public policy on both parents checked
- A.R.S. 25-408 โ relocation checked
- A.R.S. 25-411 โ modification and the one-year rule checked
- A.R.S. 25-814 โ presumptions of paternity checked
- Arizona Supreme Court โ Planning for Parenting Time guide checked
- Arizona Judicial Branch โ Superior Court filing fees checked