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A clear explanation of Arizona's legal decision-making and parenting time laws, including how courts determine the best interests of the child
Child custody is often the most emotionally charged aspect of any family law case. Arizona's approach to custody — which uses the terms "Legal Decision-Making" and "Parenting Time" — focuses squarely on what serves the child's best interests.
Arizona doesn't use the term "custody" in its statutes. Instead, the law refers to two key concepts:
Arizona courts determine legal decision-making and parenting time based on the "best interests of the child." There is no automatic preference for either parent — courts evaluate multiple factors.
The past, present, and potential future relationship between the parent and child
The child's adjustment to home, school, and community
The mental and physical health of all individuals involved
Which parent is more likely to allow frequent contact with the other parent
Whether there has been domestic violence or child abuse
The child's wishes (if the child is old enough and mature enough)
Whether one parent intentionally misled the court or delayed proceedings
Both parents share the right to make major decisions. This is the preferred arrangement in Arizona — courts presume joint decision-making is in the child's best interests.
One parent has the exclusive right to make major decisions. Courts grant this less frequently — typically when there's domestic violence, substance abuse, or an inability to co-parent.
Arizona requires a Parenting Plan as part of any custody case involving minor children. This document outlines the parenting time schedule, holiday arrangements, transportation, and dispute resolution.
Through our Casa Grande office, Legal Success helps Arizona parents prepare all required custody and parenting time documents for Pinal County, Maricopa County, and throughout Arizona:
Contact Legal Success for a free consultation. We'll help you prepare comprehensive custody documents that Arizona courts will accept.
Disclaimer: Legal Success provides Certified Legal Document Preparer services in Arizona. We prepare legal documents at your direction but cannot provide legal advice.