Law Articles

Return to Law Dictionary Index

Arizona Child Custody Laws

Arizona child custody may be awarded to either party based upon the "best interests of the child". An Arizona Court can consider the following factors:

• the preference of the child;

• the desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent;

• the wishes of the parents;

• the child's adjustment to his or her home, school, and community;

• the mental and physical health of the child and the parents;

• the relationship between the child and the parents and any siblings;

• significant spousal or child abuse;

• coercion or duress in obtaining a custody agreement;

• which parent(s) have provided primary care of the child; and

• drug abuse.

An Arizona Court also has the discretion to award the parties joint custody. However, the parties must submit an agreement on this issue that is found to be in the child's best interests. In determining "best interests" an Arizona Court will consider the foregoing factors and whether the agreement is logistically possible.

Return to Family Law

Return to Law Dictionary Index