Child Custody & Parenting Time

Arizona’s Custody Terms

Arizona law no longer uses the word custody. It uses two terms instead:

• Legal decision-making is the right and responsibility to make nonemergency decisions about a child’s education, health care, religious training, and personal care. It can be joint or sole.
• Parenting time is the schedule for when the child is with each parent. During their parenting time, each parent makes routine day-to-day decisions.

Cases We Handle

• Legal decision-making and parenting plans
• Paternity
• Relocation
• Grandparent and third-party visitation
• Changes to existing orders

If you share legal decision-making or parenting time and want to move with your child out of state, or more than 100 miles within Arizona, the law generally requires 45 days’ written notice to the other parent. Grandparents and other third parties must meet specific legal requirements before a court will consider visitation.

How Courts Decide

Arizona courts decide legal decision-making and parenting time based on the child’s best interests. Factors include:

• The child’s relationship with each parent
• The child’s adjustment to home, school, and community
• The mental and physical health of everyone involved
• Which parent is more likely to support the child’s relationship with the other parent
• Any domestic violence or child abuse
• The child’s wishes, if the child is old and mature enough

To change an order, you generally must wait one year after the last order. Exceptions apply, for example when the child’s current environment may seriously endanger the child.

Common Questions