Child Custody in Arizona (2026)

Arizona’s Shift from ‘Custody’ to ‘Legal Decision-Making’

In 2013, Arizona enacted a significant overhaul of its family law terminology that reflected a fundamental shift in how the state views parental roles after separation. Under Senate Bill 1127 (effective January 1, 2013), the terms “custody” and “visitation” were eliminated from Arizona’s family code and replaced with “legal decision-making” and “parenting time.” This was not merely a cosmetic change — the legislation accompanied substantive reforms to Arizona’s custody framework under A.R.S. Section 25-401 through 25-403.

The rationale behind the terminology change was rooted in behavioral research showing that the language of “custody” and “visitation” framed one parent as the winner and the other as an outsider with limited access to their own child. The new terms emphasize that both parents retain meaningful roles: “legal decision-making” refers to the authority to make major life decisions for the child (education, health care, religious upbringing, and personal care), while “parenting time” refers to the schedule under which each parent has the child in their care.

This shift had practical legal consequences as well. The 2013 reforms strengthened Arizona’s presumption in favor of joint legal decision-making under A.R.S. Section 25-403.02 and codified the state’s policy of maximizing each parent’s parenting time under A.R.S. Section 25-403.02(B). Courts were directed to adopt parenting plans that provide both parents with “substantial, frequent, meaningful, and continuing contact” with the child — language that goes further than many other states in favoring shared parenting arrangements.

Overview of Arizona Custody Law

Arizona does not use the term “custody” in its family law statutes. Instead, the state uses legal decision-making (formerly legal custody) and parenting time (formerly physical custody or visitation). This terminology change, enacted in 2013, reflects Arizona’s emphasis on both parents maintaining an active role in their children’s lives. Arizona custody law is governed primarily by A.R.S. Section 25-403 and related statutes.

Arizona has one of the strongest joint custody frameworks in the country. The state’s policy is to maximize each parent’s parenting time, and courts are required to adopt a parenting plan that provides both parents with substantial, frequent, meaningful, and continuing contact with the child.

Types of Legal Decision-Making and Parenting Time

Arizona recognizes the following arrangements:

• Joint Legal Decision-Making — Both parents share the right to make major decisions about the child’s education, health care, religious upbringing, and personal care. This is the presumptive arrangement in Arizona.
• Sole Legal Decision-Making — One parent has the exclusive authority to make major decisions. Courts award sole decision-making when joint decision-making would not serve the child’s best interests, such as in cases involving domestic violence or substance abuse.
• Parenting Time — The schedule that determines when the child is with each parent. Arizona courts are directed to maximize each parent’s time, and there is no default “standard” schedule — the plan is tailored to each family’s circumstances.

For a broader explanation of custody frameworks, see our guide on child custody laws explained.

The Joint Custody Presumption

Arizona law establishes a presumption in favor of joint legal decision-making. Under A.R.S. Section 25-403.02, the court must adopt a plan for joint legal decision-making unless it finds that joint decision-making would not be in the child’s best interests. The court must consider any evidence of domestic violence, and a finding of significant domestic violence creates a rebuttable presumption against awarding joint legal decision-making to the offending parent.

While joint legal decision-making is presumed, there is no equivalent presumption regarding equal parenting time. The court has discretion to set the parenting time schedule based on the child’s best interests, though Arizona policy favors maximizing each parent’s time.

Best Interests Factors

Under A.R.S. Section 25-403(A), Arizona courts evaluate 11 factors when determining the best interests of the child:

• The past, present, and potential future relationship between the parent and the child
• The interaction and interrelationship of the child with each parent, siblings, and any other significant person
• The child’s adjustment to home, school, and community
• If the child is of suitable age and maturity, the wishes of the child regarding 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 factor is given significant weight)
• Whether one parent intentionally misled the court to cause an unnecessary delay or increase litigation costs
• Whether there has been domestic violence or child abuse
• 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 the requirements of parenting education programs
• Whether either parent was convicted of an act of false reporting of child abuse or neglect

Child’s Preference

Arizona does not set a specific age at which a child may express a preference about legal decision-making or parenting time. The statute allows the court to consider the child’s wishes “if the child is of suitable age and maturity.” In practice, courts consider the child’s input on a case-by-case basis, and older children generally receive greater weight. The court may conduct an in-chambers interview with the child. For more on how courts evaluate these considerations, see our guide on how child custody is determined.

Mandatory Parenting Class

Arizona requires both parents to attend a mandatory parenting education class in custody and divorce cases. Under A.R.S. Section 25-351 et seq., this program covers the impact of separation on children, effective co-parenting strategies, and conflict reduction. Parents must complete the class, typically within a specified time frame set by the court, before a final order will be entered.

Relocation Rules

Under A.R.S. Section 25-408, a parent who wishes to relocate with the child must provide written notice to the other parent at least 45 days before the proposed move if the relocation is within Arizona, or 60 days if the relocation is out of state. The non-relocating parent may file a petition to prevent the relocation within 30 days of receiving notice. The court then evaluates whether the relocation serves the child’s best interests, considering the reasons for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified parenting time schedule can preserve that relationship.

Mediation

Arizona courts frequently order mediation in contested legal decision-making and parenting time cases. Many counties have mandatory mediation programs, and some require parents to participate in conciliation services before proceeding to trial. Mediation is generally not ordered in cases involving domestic violence unless appropriate safeguards are in place.

Modification of Orders

To modify an existing legal decision-making or parenting time order in Arizona, the requesting parent must show a substantial and continuing change in circumstances and demonstrate that the modification serves the child’s best interests. Under A.R.S. Section 25-411, the court generally will not modify a legal decision-making order within one year of the original order unless the child’s present environment seriously endangers the child’s physical, mental, moral, or emotional health.

When to Seek Legal Help

Arizona’s legal decision-making and parenting time framework includes a joint custody presumption and a strong emphasis on maximizing both parents’ involvement. The mandatory parenting class, specific relocation notice requirements, and multi-factor best interest analysis all shape the process. If you are navigating a contested case, a relocation, or a modification, consider scheduling a free consultation to discuss your situation with a qualified professional.

Frequently Asked Questions

What terminology does Arizona use instead of “custody”?

Arizona does not use the term “custody.” Since 2013, the state uses “legal decision-making” (formerly legal custody) and “parenting time” (formerly physical custody/visitation). Under A.R.S. Section 25-403.02, there is a presumption in favor of joint legal decision-making, and courts are directed to maximize each parent’s parenting time.

What are the relocation notice requirements in Arizona?

Under A.R.S. Section 25-408, a parent must provide written notice at least 45 days before an in-state relocation or 60 days before an out-of-state relocation. The non-relocating parent has 30 days to file a petition to prevent the move. The court evaluates whether relocation serves the child’s best interests.

How does domestic violence affect custody in Arizona?

A finding of significant domestic violence creates a rebuttable presumption against awarding joint legal decision-making to the offending parent. Additionally, one of the 11 best interests factors under A.R.S. Section 25-403(A) specifically addresses whether there has been domestic violence or child abuse.

Can an Arizona court modify a legal decision-making order within the first year?

Under A.R.S. Section 25-411, the court generally will not modify a legal decision-making order within one year of the original order unless the child’s present environment seriously endangers the child’s physical, mental, moral, or emotional health. After the first year, the standard is a substantial and continuing change in circumstances.

What weight does Arizona give to a parent’s willingness to cooperate?

Significant weight. Under A.R.S. Section 25-403(A)(6), one of the 11 best interests factors is which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent. Arizona courts have interpreted this factor as a strong incentive for cooperative co-parenting. A parent who obstructs the other parent’s relationship with the child or engages in parental alienation behavior may face adverse consequences, including a change in the legal decision-making or parenting time arrangement.

Does Arizona recognize grandparent visitation rights?

Yes. Under A.R.S. Section 25-409, grandparents and great-grandparents may petition for visitation rights if the marriage has been dissolved for at least three months, if a parent has been deceased or missing for at least three months, or if the child was born out of wedlock (for the paternal grandparents, paternity must be established). The court must find that visitation is in the child’s best interests and must give special weight to the wishes of the child’s parent regarding visitation.

How This Guide Was Researched

This guide is based on A.R.S. Sections 25-401 through 25-403 (definitions and best interests factors), A.R.S. Section 25-403.02 (joint legal decision-making presumption and policy of maximizing parenting time), A.R.S. Section 25-408 (relocation notice requirements and hearing standards), A.R.S. Section 25-411 (modification standards and the one-year restriction), A.R.S. Sections 25-351 through 25-354 (mandatory parenting education programs), and A.R.S. Section 25-409 (grandparent and great-grandparent visitation rights). The 2013 terminology change was verified against the text of Senate Bill 1127 as enacted and codified in the Arizona Revised Statutes.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• A.R.S. §§ 25-401 through 25-403 (definitions of legal decision-making and parenting time, 11 best interests factors)
• A.R.S. § 25-403.02 (presumption in favor of joint legal decision-making, policy of maximizing parenting time, domestic violence rebuttable presumption)
• A.R.S. § 25-408 (relocation: 45-day in-state and 60-day out-of-state notice requirements, 30-day objection window)
• A.R.S. § 25-411 (modification: substantial and continuing change in circumstances, one-year restriction for endangerment)
• A.R.S. §§ 25-351 through 25-354 (mandatory parenting education class requirements)
• A.R.S. § 25-409 (grandparent and great-grandparent visitation petition rights and standards)

Official Arizona Resources

• Arizona Judicial Branch — Self-Service Center
• Arizona Child Support & Family Law Information
• Arizona Family Law Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Custody in Arizona: A Complete Overview
• Custody and Relocation in Arizona
• Child Support in Arizona
• Divorce in Arizona
• Community Property Rules in Arizona
• Types of child custody
• How child custody is determined
• Custody mediation