Arizona Child Custody State Law

Arizona Revised Statutes Annotated. “A.R.S.”

A.R.S. See. 25-403.

The court shall determine joint or sole custody, either originally or upon petition for modification, in accordance with the best interests of the child. Joint custody is permitted if both parents agree and submit a written parenting plan and the court finds such an agreement is in the best interests of the child. The parenting plan must include: each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training; a schedule of the physical residence of the child, including holidays and school vacations; a procedure by which disputes may be mediated or resolved; periodic review of the plan by the parents; and a statement that the parties understand that joint custody does not necessarily
mean equal parenting time. The court may order joint legal custody without ordering joint physical custody. The court must consider all relevant factors, including: (1) the wishes of the child’s parent or parents as to custody;
(2) the wishes of the child as to the custodian; (3) the interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to home, school and community; (5) the mental and physical health of all individuals involved; (6) which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; (7) which parent has provided primary care of the child; (8) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody; and (9) whether a parent has complied with Chapter 3,
Article 5 (the domestic relations education section). There is a rebuttable presumption that domestic violence or drug abuse will be considered as contrary to the best interests of the child. A.R.S. Sees. 25-401 to 25-414.
No motion to modify a custody order may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health (such as evidence of domestic violence, spousal or child abuse) Six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order.

Fathers Rights Blog | Child Custody State Law List .. Above info from a 2004 legal publication.
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