Child Custody in Arizona
State-specific overview · Family Law
Arizona courts presume joint legal and physical custody is in the child's best interest unless evidence shows otherwise.
How Arizona treats Child Custody
Arizona law creates a strong presumption favoring joint custody, requiring the court to award it unless one parent proves the other is unfit or joint custody would be harmful to the child. Courts consider factors including each parent's past involvement with the child, the child's relationship with siblings, and the parents' ability to cooperate on major decisions. Arizona courts may award sole custody if joint custody is not feasible, but the burden falls on the parent seeking sole custody to demonstrate why joint custody would not work.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arizona.