Arizona Child Custody Lawyers

Learn the Most Important Aspects of Arizona Child Custody from Our Attorneys

As a parent, you’d likely do anything to protect your child’s safety, stability, and well-being.

Unfortunately, facing child custody issues may leave you wondering what future your children will have, what part you’ll play in your child’s life, and how much time you’ll have with your children.

To help you take control of your child’s future, the Arizona child custody attorneys at Gillespie, Shields, & Taylor navigate custody issues with clarity, confidence, and care.

Let us provide answers to your questions and the help you need to protect your child and your role in their life.

Understanding Arizona Child Custody Laws

Many clients are surprised to learn the term “child custody” is no longer used in Arizona statutes. Instead, the courts now focus on who has decision-making authority for the children.

The legal authority to make these decisions is based on Arizona Revised Statutes § 25-401 through § 25-417. These laws define parental rights and responsibilities, how parenting time is awarded, and the standard the court uses to evaluate what is best for the child. 

Under Arizona Revised Statute § 25-401, there are basically two parts to this decision-making authority for a child: legal decision-making, and parenting time. 

Legal decision-making

This refers to which parent makes major decisions for the child. These can include aspects of their life such as education, healthcare, and religion.

Legal decision-making may be joint, where both parents have a say in making choices for the child.
It may also be sole legal decision-making, where one parent has the exclusive right to make these major decisions.

Parenting time

Parenting time, however, refers to setting the day-to-day schedule of when each parent physically has the child.

Both decision-making and parenting time arrangements may be made between the two parents, or a court-ordered arrangement if the parents can’t come to an agreement.

It’s important to note, however, that no Arizona laws permit courts to favor one parent over the other. In other words, there is no preference for mothers or fathers.

Instead, the guiding principle in all custody cases is “the best interests of the child”. 

As a result, the court considers many factors when determining a parenting custody plan that serves the child’s best interests, including:

• Each parent’s relationship with the child
• The child’s adjustment to home, school, and community
• The mental and physical health of all parties
• Each parent’s ability to encourage a relationship with the other parent
• Any history of domestic violence, substance abuse, or neglect
• The child’s wishes, if they are of suitable age and maturity

It’s important to note that no single factor outweighs the others. Instead, the court looks at the full picture to determine what arrangement gives the child the most support and stability.

Our child custody attorneys understand every law that affects these weighty choices. Let us use them on your behalf to help you gain the legal authority to care for your child.

Common Parenting Time Arrangements in Arizona

Since Arizona Revised Statute §25-403 prioritizes the child’s well-being above all else, there are a wide variety of parenting time arrangements. 

Some common examples of parenting time arrangements include: 

• Equal time (50/50 custody) – This may be an arrangement where one parent has the child every other week. Other parents use a weekly 2-2-3 rotation, where they have the child for two days, then two days without them, and then three days with them.
• Majority time with one parent – This arrangement is often used if both parents can’t have equal time with the child, such as when one parent lives far away or when one parent’s work schedule doesn’t make this possible.
• Supervised parenting time – In cases involving safety concerns (such as substance abuse or past violence), one parent can only spend time with their child under court-approved supervision.
• Custom schedules – Arrangements may need to be tailored to accommodate long-distance parenting, co-parenting infants, or other unique needs of the family.

Since each family is unique, each couple going through a divorce should expect to reach a parenting time arrangement that is tailored to them.

Our child custody attorneys are ready to help with whatever your unique needs may be.

This includes creating a parenting plan that meets the needs of you and your child, preparing the supporting evidence and a clear rationale, and presenting matters to the court in the most compelling way.

Rights for Fathers in Arizona Custody Cases

Arizona courts no longer presume that mothers are better suited for custody. Rather, a father’s time, voice, and role as a parent hold as much weight as that of a mother.

As a result, fathers in Arizona will be happy to know that they now have equal rights during child custody issues. 

This helps fathers like you in a wide variety of child custody situations, including when you are:

• Going through a divorce
• Establishing paternity
• Fighting for more time with your children
• Defending against unfair claims from a co-parent

If you were never married to your child’s mother, establishing paternity is the first legal step to take under Arizona Revised Statute §25-814. This will let you gain the legal authority needed to pursue custody, parenting time, and a role in your child’s life.

Our child custody attorneys fight for your custody rights as a father. Let us provide you with a strong legal strategy, clear documentation for the courts, and an effective use of Arizona law.

Custody Options for Grandparents or Other Relatives in Arizona

Many grandparents want to step in to raise their grandchild for a variety of reasons, including when the parents are struggling with addiction, incarceration, or mental illness. 

Fortunately, Arizona courts may grant custody or visitation rights to grandparents and other third parties, such as stepparents and other relatives.

Arizona Revised Statute §25-402 allows a non-parent to request custody or parenting time if:

• It is in the child’s best interests to be with the non-parent
• Both parents are deceased, missing, or unfit
• The child is not currently in the custody of either parent
• The person has stood in loco parentis to the child (functioned as a parent)

In order to grant custody to grandparents or other third parties, the court requires clear evidence of why this change in custody or visitation is necessary.

If you’re a grandparent or family member seeking custody or visitation, our attorneys can help you prepare and present this evidence, along with building a compelling case that protects your loved ones.

Modifying an Existing Arizona Custody Order

As your family’s life changes, you may need to modify your existing custody order.

Common reasons for modifying an Arizona custody order include:

• A parent relocating out of state
• Changes in a parent’s work schedule or living situation
• Evidence of substance abuse, neglect, or unsafe conditions
• One parent repeatedly interfering with parenting time
• The child’s needs or preferences evolving over time

If you need to make a custody order change, Arizona Revised Statute § 25-411 allows you to petition the court to modify an order regarding legal decision-making or parenting time. 

However, it needs to have been at least one year since the last custody order, or there is a substantial change in circumstances that affects the child’s welfare. 

Our child custody attorneys provide the guidance you need with each legal step, including petitioning the courts and effectively presenting your case.

Handling Arizona Custody Matters Outside of Court

While the court must approve all parenting plans, not all custody matters in Arizona need to be handled in court. In fact, Arizona Court Rule 68(B) requires parents to attempt alternative dispute resolution in most custody cases before proceeding to trial.

Our child custody lawyers help clients like you resolve custody through mediation or negotiated agreements.

These alternative approaches to dispute resolution have many benefits, including:

• Reduced conflict and emotional stress
• Parenting plans that are more flexible and realistic
• More control over the outcome for parents
• Groundwork laid for better co-parenting long term

Gillespie, Shields, & Taylor has represented thousands of clients in mediation sessions, advocated for their goals, and drafted detailed agreements that are approved by the courts.

Child Custody Matters Involving Military Members

When one or both parents are active members of the United States military, child custody cases can become even more complex.

However, it’s important to note that Arizona still prioritizes the best interests of a child when establishing decision-making authority or parenting time, including when there are military parents involved.

Additionally, there are legal protections and guidance that can provide needed direction and help for parents who are military members

These protections are provided on both a state and federal level, such as Arizona Revised Statute §25-411 and the Servicemembers Civil Relief Act (SCRA).

As a result, Arizona courts cannot deny parental authority in decision-making or parenting time to a military parent based solely on their service, nor should deployment be a determining factor in deciding the best interests of the child.

These laws and protections also provide guidance on a number of other matters pertaining to child custody, such as visitation schedules for when a military parent is deployed or returns from deployment.

The child custody attorneys at Gillespie, Shields, & Taylor proudly support and help military parents like you. Let us use state and federal protections for military members to cement your role in your child’s life.

Still Need Help with Your Arizona Child Custody Issues?

Whether you’re just starting to face custody matters, are in a high-conflict custody case, or need an order modified, our lawyers are ready to help.

Having guided Arizona families through custody issues since 1985, our attorneys are actively managing over 250 family law cases at any given time, including dozens of custody matters.

So no matter what questions you have or unique challenges you’re facing, let our attorneys provide the answers and guidance you need as we fight for the parenting arrangement your child deserves.