Arizona Child Custody and Legal Decision-Making Explained

When parents separate or divorce in Arizona, the court divides what many call “custody” into two key concepts: legal decision making and parenting time. Understanding the difference between the two, and how Arizona courts decide what’s best for your child, is essential when you are co-parenting with the other parent after separation.

What Is Legal Decision Making?

Legal decision making refers to the right to make important decisions for a child, including:

• Education
• Health care
• Religious training
• Personal care decisions

Arizona courts can award sole legal decision making (to one parent) or joint legal decision making (shared by both). In joint legal decision making, parents must work together to make major decisions, even if the parenting time isn’t evenly split. Arizona law also allows a hybrid of the two options, with parents sharing joint legal decision making but with one parent having the authority to make the "final decision" if they cannot come to an agreement after a good-faith effort. Arizona law prefers to have both parents participate in making major decisions involving their children.

What Is Parenting Time?

Parenting time is the schedule that determines when the child will be with each parent. Parenting time includes:

• Day-to-day residential schedules
• Holidays and vacation periods
• School breaks
• Transportation and exchange arrangements

The law in Arizona favors a plan that allows both parents to be actively involved, as long as it's in the child’s best interests.

How the Court Decides Legal Decision Making and Parenting Time (Custody) in Arizona

Under A.R.S. § 25-403, the court must consider a variety of factors to determine what arrangement is in the best interests of the child. These include:

• The child’s relationship with each parent
• The parents’ mental and physical health
• The child’s adjustment to home, school, and community
• Each parent’s willingness to encourage a relationship with the other parent
• Any history of domestic violence, substance abuse, or child abuse
• The child’s preferences (depending on age and maturity)

Grandparent Involvement

Although custody cases are generally between the child’s legal parents, Arizona law does provide options for grandparents to petition for visitation—and in limited cases, custody—when the child’s well-being is at risk or when a parent is absent or unfit.

Learn more about this in our Grandparent Visitation Rights in Arizona blog post.

Do I Need a Lawyer?

Custody cases can become complex and emotional—especially if communication between parents has broken down or if a non-parent is involved. Working with an experienced Arizona family law attorney can help you protect your rights and your child’s best interests.

Get Legal Support from Larson Law Office

At Larson Law Office in Mesa, Arizona, we help parents and grandparents navigate custody and visitation issues with confidence and clarity.

Call 480-582-5228 or book a consultation online to get started today.