Arizona Child Custody Laws
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Guidelines for Child Custody Under Arizona Laws.
(25-403)
Arizona laws require the court to determine child custody in accordance with the best interests of the child. The court shall consider all relevant factors, including the following guidelines:

1. The wishes of the child's parent or parents as to custody.

2. The wishes of the child as to custody.

3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.

4. The child's adjustment to home, school and community.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.

7. If one parent, both parents or neither parent has provided primary care of the child.

8. The nature and extent of coercion or duress used by a parent in obtaining a child custody agreement.

9. Whether a parent has complied with the educational program regarding children and divorce that is required by Arizona laws.

 

Preferences of the Court.
In awarding child custody, the court may order sole custody or joint custody. The child custody laws in Arizona do not create a presumption in favor of sole custody over joint custody, or vice versa. The court, in determining custody of a child, shall not prefer one parent as custodian because of that parent's sex.

 

Joint Custody.
The court may award joint custody of a child if both parents agree and submit a written parenting plan and the court finds that joint custody is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody.

The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why joint custody is in the best interest of the child. In addition to the factors listed above in determining custody, the court will consider the following factors in determining whether joint custody is in the child's best interests:

1. The custody agreement or lack of a custody agreement by the parents regarding joint custody.

2. A parent's lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.

3. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint custody.

4. Whether the joint custody agreement is logistically possible.

Joint custody shall not be awarded if the court makes a finding of the existence of significant domestic violence or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.

 

Parenting Plan.
The parents must submit a parenting plan setting out each parent's rights and responsibilities for the following:

1. The personal care of the child and for decisions in areas such as education, health care and religious training;

2. A physical custody schedule for the child, including holidays and school vacations;

3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling;

4. A procedure for periodic review of the terms of the parenting plan by the parents; and

5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time.

 

Access to Records.
Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records. A parent who attempts to restrict the release of documents or information by the custodian without a prior court order is subject to appropriate legal sanctions.

 

Domestic Violence.
The court shall consider evidence of domestic violence as being contrary to the best interests of the child. If the court determines that a parent who is seeking custody of the child has committed an act of domestic violence against the other parent, there is a refutable presumption that a child custody award to the parent who committed the act of domestic violence is contrary to the best interests of the child. This presumption does not apply if both parents have committed an act of domestic violence. The court may place restrictions upon a parent who it finds has engaged in acts of domestic violence, if it finds that doing so is in the best interest of the child.

Find out more about general child custody laws.

 

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General Arizona Divorce Laws
Arizona Alimony Laws
Arizona Child Custody Laws
Arizona Divorce Laws and Property Division

 

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This information has been summarized from the Arizona statutes. You can find the full-text version of these and other Arizona divorce statutes online here: Arizona divorce laws.