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Your Guide to the Arizona Child Custody Laws

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by | Sep 11, 2024 | Family Law

Arizona Child Custody Laws

Child custody cases are among the most emotionally charged matters that family court attorneys handle, and understandably so. Parents are often fearful that they could lose access to their children, while others are fearful of a dangerous or unstable parent gaining custody. If you are facing a child custody case, a child custody attorney in AZ can help you protect your parental rights as your case progresses.

To prepare, it is essential to review the relevant child custody laws in Arizona. Gillespie, Shields & Taylor’s family law attorneys have prepared this brief guide to child custody laws in the state.

How Is Custody Determined in Arizona?

In general, custody refers to the right of one or both parents to make important decisions on behalf of their children. There are two overarching types of custody: physical custody, known as parenting time in Arizona, and legal custody, known as decision-making rights. Parents who have custodial rights in Arizona can determine where their child goes to school, which doctors they see, which medical treatments they undergo, whether they undergo religious training, and where they live.

Unmarried parents must make these decisions as soon as they are no longer in a relationship with one another. If the parents are married, such decisions are made when they choose to divorce. Before a divorce can be finalized, the court encourages both parents to come to an agreement regarding the child’s custody. When both parents can agree on custodial rights, the presiding judge will generally honor those agreements as long as they protect the interests of the child.

When both parents cannot come to an agreement, there are remedies to help parents make such decisions or to make those decisions for the parents.

Custody Mediation

One option is mediation, in which the court may recommend or order both parents to visit with a mediator who can work to help the parents come to a consensus on areas of disagreement. Mediators are professionals  who are trained in conflict management. They can find ways to encourage both parents to compromise on important child custody matters.

Child Custody Evaluators

High-conflict divorces in which the parents remain unable to come to an agreement regarding child custody may trigger the use of a child custody evaluator. In this case the court will appoint a child custody evaluator who will speak to both parents and the child.

A child custody evaluator typically has a background in social work or counseling, which lends insight into the dynamics of the family and the needs of the child. Once the evaluator has reviewed relevant documents and spoken to people who are closely connected to the child, the evaluator files a final report that goes straight to the presiding judge. The judge is not required to take the advice of the evaluator, but they often consider the review to be an important piece of evidence that can be used to establish child custody rights.

Child Custody Litigation

When both parents come to an agreement regarding child custody during negotiation or mediation, the agreement becomes binding after a judge approves its content. Alternatively, a judge will consider the input of a child custody evaluator. In either case, a judge can still make critical decisions regarding a proposed child custody agreement during court proceedings.

If there is no agreement, the judge must make a ruling regarding child custody.

The judge will consider important factors, including:

  • Each parent’s willingness to facilitate frequent and meaningful contact with the other parent
  • Which parent was the primary caregiver in the past
  • The child’s interactions with each parent and other family members
  • The child’s adjustment to home, school, and community
  • The health of each person involved
  • The parent’s wishes
  • The child’s wishes, in some cases

Once these and other factors have been considered, the judge will make a final ruling. The judge’s orders are included in the final divorce decree, and both parents must abide by those orders.

Legal vs Physical Custody

Legal vs Physical Custody

If you are looking to establish child custody rights, often as part of a divorce, you should understand the difference between physical and legal custody, commonly known as parenting time and decision-making rights in Arizona. Both of these custody types can be jointly held and shared between the two parents or solely held and limited to just one parent.

Legal Custody

Legal custody allows one or both parents to make important decisions about the upbringing of the child. Parents who have legal custody of their child can decide how the child is educated, receives medical treatment, their exposure to religious training, and more.

In joint legal custody situations, both parents have the right to make important decisions for their children. Parents may choose to assign certain decisions to one parent or they may choose to discuss specific critical topics and come to a mutual decision.

When a court appoints sole legal custody to one parent, that parent has the authority to make unilateral decisions on behalf of their child. They can consult with the other parent, but the parent with legal custody ultimately makes the final decision.

Physical Custody

Physical custody is often called parenting time in Arizona, but it primarily determines where the child lives. As with legal custody, physical custody can be sole or joint. Joint custody arrangements are common in Arizona when both parents are fit to parent and actively engaged in the child’s upbringing. When both parents have joint physical custody over a child, that child spends significant time with both parents.

Sole physical custody could happen for a number of reasons. The courts generally prefer to see children spend meaningful time with both parents, but there are cases where one parent is chronically absent or deemed unfit to parent. When one parent is given sole physical custody over a child, the child spends a significant amount of time with that parent, while the other may have regular visitation time.

Before a child custody case becomes final, the judge must approve the proposed visitation schedule from the two parents. If the parents are unable to agree to a visitation schedule, the judge will make that decision based on the interest of the child. Non-custodial parents may have brief, supervised visitation, regular parenting time, or even weekends, holidays, and summers with their child.

Tips For Finding the Right Family Law Attorney

Family Law Attorney

Now that you have been introduced to the concepts behind child custody in Arizona, it’s time to find a child custody attorney. The U.S. Supreme Court has repeatedly reaffirmed over the past century that parenting is a fundamental right. Family court attorneys have the important job of protecting this fundamental right for their clients. Unfortunately, without experienced legal counsel, you risk losing parenting time with your child.

Consider these tips for finding the right counsel:

  • Choose a Family Law Attorney – Attorneys are trained to handle multiple case types. However, it is important to work with an attorney who focuses on family law and child custody. These attorneys know Arizona child custody laws inside and out and have developed positive relationships with members of the family court community.
  • Ask for Referrals – Start your search by asking friends, family members, and work colleagues if they have had a good experience working with a family law attorney. Personal referrals can be an efficient means of finding a few candidates.
  • Look for Experience – Experience matters when choosing a family law attorney. Try to find someone who has spent at least several years practicing family law. Each case is unique, and those years of experience could prove invaluable as you work to finalize your child custody agreement on favorable terms.
  • Evaluate Reviews – Read the attorney’s website for reviews or search online to see what past clients have said about the lawyer. You can also consult websites like Avvo and other legal directories to find unbiased reviews.

What Questions Should You Ask Your Child Custody Attorney?

Once you have scheduled a consultation with your finalists, come prepared with questions.

Common questions that can lend insight into the qualities of a child custody attorney in AZ could include:

  • What is your experience with cases similar to mine?
  • How do you approach child custody and support arrangements?
  • What is your fee structure, and what costs should I expect?
  • How do you communicate with your clients throughout the case?
  • What is your strategy for achieving the best possible outcome in my case?

During your consultation, it is essential to evaluate your attorney’s communication style. If your attorney is attentive during your consultation and responds to calls and emails quickly, you can take that as a good sign that you found the right attorney. Those qualities can also be beneficial as your lawyer works to negotiate agreements with opposing counsel or make compelling arguments before a judge.

Tips For Navigating Child Custody Agreements

Even with an excellent child custody attorney, child custody cases can be emotional and stressful.

These tips can help you minimize stress and improve your chances of securing a favorable child custody decision.

  • Maintain Positive Communication – Open communication with your spouse or former partner is crucial. Being open to collaboration and maintaining lines of communication shows that you are a fit and willing parent who prioritizes the interests of your child.
  • Be Open to Suggestions from Your Attorney – Every case is different, and your lawyer will provide you with suggestions that could prove beneficial. For example, being willing to consider mediation may save you valuable time and money as opposed to litigation in the courtroom.
  • Consider Your Child’s Best Interests – At all times, keep your child’s interests at the forefront of your mind. Not only is preserving your child’s well-being the right thing to do, but the court may also view those efforts favorably should your case require an intervention by a judge.
  • Don’t Neglect Self-Care – Take time to care for your physical and mental health as your case moves forward. Child custody cases can take several months or longer to settle, and ensuring you are taking care of yourself can help you persevere.
  • Maintain Your Legal Counsel – Most importantly, keep in communication with your legal counsel throughout your case. Without access to your attorney’s expertise, you may be vulnerable to pressure from opposing counsel or miss important filing deadlines.

Child Custody FAQs

Child Custody FAQs

If you are facing a child custody case, you likely have developed many questions for your attorney. While these answers reflect the laws in Arizona, they do not serve as legal advice for your particular case; schedule a consultation to ask specific questions as they pertain to your unique situation.

What Are the Rules For Child Custody in Arizona?

The right to parent is a fundamental right in this country, but some responsibilities come with parenting, such as the requirement that both parents financially support their children. It is also important to note that there is no legal presumption of custody in Arizona, meaning that neither mothers nor fathers will automatically receive custody. Instead, the state prefers that the parents work together to share custody so that they can share decision-making responsibilities and parenting time and so that their children will have an opportunity to develop a positive relationship with both parents.

What Should I Not Say During a Custody Battle?

During a custody battle, you should refrain from saying anything publicly that disparages your spouse or former partner. Any statements that you make on social media or in court can be used to assess your fitness as a parent and to gauge your level of cooperation with the court. In general, avoid discussing your child custody battle openly with anyone but your attorney, as even statements to your children can be construed as attempts at parental alienation.

What Is an Example of Failure to Co-Parent?

Parental alienation is one example of a failure to co-parent. This often occurs when one parent makes disparaging remarks about the other parent or manipulates the feelings their child has toward the other parent in a way that can psychologically harm the child. Other examples may include a general refusal to follow the parenting plan, harassment, or even inappropriate behavior from the other parent’s new partner. Parents who fail to co-parent could face consequences in court, such as restricted parental rights.

Do I Have a Right to Know Who My Ex Brings Around My Child?

Any parenting rules you wish to enforce must be included in the divorce decree or child custody agreement. Without a court order, you will have no enforceable means of knowing who your ex brings around your child. If you believe your child is in imminent harm due to an individual your child’s other parent chooses to bring around your child, you can hire an attorney who can bring the matter before a judge.

How Does the Court Determine Child Custody in Arizona?

The courts determine child custody in Arizona based on the best interest of the child. The safety of the child is a top concern for any court. A judge may weigh the potential dangers of allowing a child to spend considerable time with a parent who has a history of child abuse or child abandonment when issuing child custody orders.

How Can I Protect My Parental Rights?

You can protect your parental rights by hiring an experienced family law attorney who has a track record of protecting the rights of clients. Your attorney can use evidence to rebut false accusations if needed. If opposing counsel makes unreasonable demands, your attorney can inform opposing counsel that you will not allow them to compromise your parental rights.

Can Child Custody Be Modified?

Yes. A child custody agreement can be modified by hiring an attorney who can help draft a Petition for Modification. The petition must demonstrate that there has been a substantial change to the circumstances affecting the child’s welfare. The family court will evaluate the petition, decide whether a modification is in the best interest of the child, and make a ruling that reflects that determination.

Work With a Family Law Attorney You Can Trust

Family Law Attorney AZ

At Gillespie, Shields & Taylor, our experienced child custody lawyers in Phoenix and Mesa are compassionate advocates dedicated to advocating for your child’s best interests and your parental rights. With over 20 years of family law experience in Arizona, our child custody attorney AZ strives for the best outcomes in cases like divorce, custody battles, and adoption. Contact our firm today to request your consultation today!


*Editor’s Note: This article combines articles that were originally published Aug 30, 2023; Mar 16, 2023 and Jun 23, 2021 and is now updated for Sept 11, 2014.

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