Arizona Child Custody
Arizona child custody disputes are covered under Arizona Code 25 "Marital and Domestic Relations." When determining custody in a disputed case, courts must use the factors in Arizona Code 25-403, Custody; "Best Interests of the Child."
If you are involved in an Arizona child custody case, I recommend that you hire a child custody lawyer in order to have your best chance to win custody. However, it is also important to educate yourself. Below, are excerpts from Title 25-403 of the Arizona code.
A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:
- The wishes of the child’s parent or parents as to custody.
- The wishes of the child as to the custodian.
- 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.
- 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 the child frequent and meaningful continuing contact with the other parent.
- Whether one parent, both parents or neither parent has provided primary care of the child.
- The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
- Whether a parent has complied with chapter 3, article 5 of this title.
- Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
- In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.
Additionally, Arizona child custody courts must use Arizona Code 25-403.01, when deciding Sole and joint custody
A. In awarding child custody, the court may order sole custody or joint custody. This section does not create a presumption in favor of one custody arrangement over another. The court in determining custody shall not prefer a parent as custodian because of that parent’s sex.
B. 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 the order is in the child’s best interests. In determining whether joint custody is in the child’s best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:
- The agreement or lack of an agreement by the parents regarding joint custody.
- Whether a parent’s lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.
- 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.
- Whether the joint custody arrangement is logistically possible.
C. The court may issue an order for joint custody of a child if both parents agree and submit a written parenting plan and the court finds such an order is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody.
I strongly urge you to find a child custody lawyer in order to increase your chances of winning your case for Arizona child custody.