Family Law

Child Custody

Children first. Always.

Arizona courts speak in two terms: legal decision-making (who decides) and parenting time (when each parent sees the child). We help judges see your children the way you do.

Arizona's legal-decision-making and parenting-time statute is written around the best interests of the child, and the eleven factors a judge must consider under A.R.S. § 25-403 are deliberately broad. That breadth is a feature, not a bug — it allows the court to weigh the particular history of the particular family — but it also means custody cases are won and lost on the quality of the record built around those factors. A parent who arrives at trial with school-attendance records, pediatric notes, coaching contacts, and a clean log of past parenting time is in a fundamentally different posture than one who arrives with allegations and recollections. We start building that record at the first meeting, and we coach our clients on what to document going forward.

Decision-making — formerly called legal custody — covers education, healthcare (including mental-health care), and religious upbringing. It is conceptually distinct from parenting time, and the two are often allocated differently. A court may award joint legal decision-making to parents who exchange the children only every other weekend, or sole decision-making to a primary residential parent who shares time substantially equally. We draft parenting plans that articulate decision-making for each domain separately, with tie-breaker mechanics, deadlines for response, and a structured dispute-resolution path that avoids returning to court for every disagreement. The goal is a document that a third party — a school nurse, a coach, a substitute caregiver — can read once and apply correctly.

Relocation is the highest-stakes custody dispute Arizona courts hear. A move of more than 100 miles within Arizona, or any move out of state, triggers § 25-408 procedures and requires either consent or court permission. The relocating parent bears the burden of demonstrating that the move is in the child's best interest, and the eight statutory factors a court weighs include the motives of both parents, the realistic prospects for a long-distance parenting plan, and the impact on the child's stability. We litigate relocation cases on both sides and have learned that the parents who succeed are the ones who present a fully built-out plan — new school identified, housing secured, a long-distance parenting-time schedule already drafted — rather than a general assertion that the move 'will be better for everyone.'

At a glance

  • Decision-making and parenting time governed by A.R.S. § 25-403.
  • Experience with high-conflict, relocation, and third-party custody cases.
  • Coordination with court-appointed advisors, evaluators, and therapists.
  • Trial experience before every East Valley family judge.

Best-interest factors

Under A.R.S. § 25-403, judges weigh eleven factors. We build a record on each — school records, medical histories, witnesses, and where needed, child interviews or expert evaluators.

Modification & relocation

A job offer in another state, a move across town, a new partner — any of these can trigger a custody review. The earlier we are involved, the more options remain on the table.

Parenting plans that work in real life

We draft plans that handle holidays, summers, school transitions, transportation, communication, and decision-making for healthcare, education, and religion — without leaving ambiguity for future disputes.

High-conflict matters

When a co-parent will not communicate, we recommend structured tools — Our Family Wizard, supervised exchanges, parenting coordinators — and we know which judges favor which approach.

Third-party and grandparent rights

Arizona allows non-parents to seek in loco parentis or visitation rights in specific circumstances. We screen these cases candidly — they are difficult, but not impossible.

Representative results

Past outcomes do not guarantee a future result. Details are generalized to preserve client confidentiality.

  • Defeated a relocation petition that would have moved two children to the Midwest; equal-time plan preserved.
  • Obtained sole legal decision-making for a Chandler mother after a court-appointed advisor recommended joint authority.
  • Negotiated a graduated step-up parenting plan for a father returning from out-of-state deployment.

Common mistakes to avoid

  • Refusing to communicate through written tools — judges read OFW logs carefully.
  • Coaching, scripting, or interviewing the children about the case.
  • Recording the other parent without consent in non-public spaces — Arizona is a one-party state for audio, but courts disfavor surveillance evidence.

Fees

Custody matters are billed hourly. Evaluator and advisor fees are separate and quoted up front.

How a case moves through our office

  1. 01

    Intake

    Detailed timeline of caregiving history, school, medical, and any safety concerns.

  2. 02

    Temporary orders

    Filed early when status quo needs protection.

  3. 03

    Evaluations

    When needed: best-interest attorney, court-appointed advisor, or comprehensive family evaluation.

  4. 04

    Mediation / trial

    Most parenting plans settle at mediation; contested cases proceed to evidentiary hearing.

Governing law

A.R.S. § 25-403
Best-interest factors for legal decision-making and parenting time.
A.R.S. § 25-408
Rights of each parent; relocation procedure.
A.R.S. § 25-409
Third-party rights — in loco parentis and visitation.

Citations are general references, not legal advice. Statutes are amended; consult counsel for the current text as it applies to your matter.

Common questions

Does Arizona favor mothers?
No. The statute is gender-neutral and most judges actively start from a presumption of substantially equal parenting time.
At what age can a child choose?
There is no magic age. Judges may consider the wishes of a child of suitable age and maturity, usually 12+, but the child's preference is never controlling.
Can I move out of state with the kids?
Not without consent or court permission if the other parent has rights. We litigate relocation regularly under § 25-408.
What is a parenting coordinator?
A court-appointed neutral who resolves day-to-day disputes between high-conflict parents without returning to court each time.
Can custody be modified later?
Yes — generally one year after entry, sooner for endangerment. Substantial change of circumstances is required.

Free Initial Consultation

Talk with an attorney who has practiced in this courthouse for forty years.