Few issues in a divorce are more emotionally charged than child custody. In Arizona, the law uses specific terminology and a defined set of standards to determine how decisions about children will be made and how time with children will be divided. Understanding the framework can help you protect your relationship with your child.
What Is Legal Decision Making in Arizona?
In Arizona, the term custody refers to what the law calls legal decision making. This is the authority to make major decisions about your child’s life, including decisions about medical care, education, and personal welfare.
Legal decision making is separate from parenting time, which is the physical schedule of when the child is with each parent. Having sole legal decision making does not give a parent the right to restrict or eliminate the other parent’s physical time with the child. These are two entirely distinct legal concepts.
Does Arizona Prefer Joint Legal Decision Making?
Yes. Arizona law reflects a preference for joint legal decision making, meaning both parents share in the authority to make major decisions for the child. However, this preference is not absolute.
If one parent believes joint decision making is not appropriate, that parent must present evidence of a specific parental fitness issue, such as a history of domestic violence, substance abuse, or other conduct that would make shared decision making harmful to the child. The burden of proof rests on the party seeking something other than joint authority.
What Are the Best Interest Factors in Arizona?
All custody decisions in Arizona are governed by the best interest of the child standard, as defined in ARS 25-403. The statute lists specific factors the court must evaluate when determining both legal decision making and parenting time.
These factors include the nature of the child’s relationship with each parent, how the child is doing academically and socially, the child’s adjustment to their home and community, each parent’s willingness to support the child’s relationship with the other parent, any history of domestic violence, and depending on the child’s age, the child’s own wishes.
One factor that surprises many parents is the willingness provision. If you have been withholding phone calls, blocking parenting time, or refusing to be flexible with the schedule, the court will weigh that against you regardless of your other strengths as a parent.
How Does Domestic Violence Affect Custody in Arizona?
Domestic violence is one of the most heavily weighted factors in Arizona custody cases. Courts take it seriously, particularly when deciding legal decision making.
When there is a documented history of domestic violence between the parents, courts are generally reluctant to order joint decision making because doing so would require ongoing communication and co-parenting between the parties. In significant cases, a history of domestic violence can also affect parenting time, particularly if the violence occurred in front of the children or in the household on a regular basis.
What Behaviors Can Hurt Your Custody Case?
Many parents unknowingly take actions that damage their position in a custody case. Because Arizona evaluates each parent’s willingness to support the other parent’s relationship with the child, interfering with that relationship is treated as a red flag.
Specific behaviors that can hurt your case include refusing the other parent’s phone calls with the child, being inflexible about schedule adjustments, withholding parenting time before a formal order is in place, and making unilateral decisions on matters that should be shared. If the court sees a pattern of gatekeeping behavior, it may conclude that joint decision making is not in the child’s best interest, and the consequences can affect your overall parenting time arrangement as well.
Get Legal Guidance Before Making Custody Decisions
Custody cases involve some of the highest stakes decisions you will ever face. The choices you make now, including how you communicate with the other parent and whether you comply with informal agreements, can affect the outcome of your case.
