AZ Court Help and Arizona courthouse accessibility information           Increase Font Size

A- A A+

MAINTENANCE NOTIFICATION

Our LegalLearn phone line will be temporarily unavailable October 9th between the hours of 11:00am - 2:00pm (Arizona time). For legal help, please apply online at https://azlawhelp.org/accessToJustice.cfm

FAQ - Legal Decision Making and Parenting Time (Custody)

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

What does the judge consider when determining legal decision making and parenting time?

Arizona has statutes that have specific factors that the judge follows when deciding the best interests of the children. The court shall determine legal decision making, either originally (for the first time) or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:

•    The past, present and potential future relationship between the parent and the child.
•    The interaction and interrelationship of the child with the parent or parents, the siblings and any other person who may significantly affect the best interests of the child.
•    The adjustment to home, school and community by the child.
•    If the child is of suitable age and maturity, the wishes of the child as to legal decision making and parenting time.
•    The mental and physical health of all individuals involved.
•    Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
•    Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision making or a parenting time preference to that parent.
•    Whether there has been domestic violence or child abuse pursuant to A.R.S. § 25-403.03.
•    The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision making or parenting time.
•    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 A.R.S. § 13-2907.02.
Resources:
•    Legal decision making; best interests of the child A.R.S. § 25-403

Procedures

PIP Classes

Informational Resources

Parenting Plans

Custody FAQ

Custody Forms

Search