Unlike other states, Arizona does not recognize child custody. Instead, family law judges award “legal decision making” and “parenting time.” The standard custody model was abandoned in 2013 in an attempt to give fathers equal footing regarding the parenting rights that mothers traditionally assumed in the wake of divorce. If you’re wondering how the new system compares to other states—or how it could affect your family—the following guide offers an introduction to the subject.

What to Know About Arizona’s Child Custody System

What are the different kinds of custody?

In Arizona, “legal decision making” refers to a parent’s right to make certain choices on behalf of his or her children—for example, for matters regarding medical care, education, or religious upbringing. “Parenting time” is quality time allocated with the children. As long as it’s in the best interests of the children involved, judges try to award legal decision making and at least some parenting time to both parents. 

How is custody determined?

Family law judges might consider a dozen or more factors when awarding child custody. Some of the most relevant factors include each parent’s mental and physical health, their ability to provide a stable home, and emotional bond with the children. If the kids are relatively mature, the judge may also consider their preferences.

Can you modify a custody order?

Generally speaking, a court order regarding legal decision making or parenting time cannot be modified for at least one year unless the child is in immediate danger. After one year has passed, though, either parent may request to modify the order if there was a change in his or her circumstances. If the other parent objects, both parties will have to attend another custody hearing. If, on the other hand, they can agree on the terms of the new arrangement, the judge will likely sign off on it.  

How is child support determined?

In 2018, Arizona adopted new guidelines for calculating child support obligations. These payments are based on both parents’ adjusted gross income and the number of children they share. However, there are various factors that may warrant a deviation—including expenses related to health insurance and child care. And regardless of each parent's earnings, the recipient will always be the primary residential parent. 

If you’re facing a stressful child custody battle, turn to Riggs, Ellsworth & Porter, PLC for guidance. This full-service firm has three offices in Arizona—in Mesa, Queen Creek, and Show Low—and ten seasoned attorneys on their team. As such, they have a broad range of practice areas, including personal injury law, Social Security disability, and criminal defense. To find the location nearest you, visit their website. Call (928) 537-3228 to schedule a consultation.