How is child custody decided in a divorce?

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In Arizona, what is commonly called "custody" is decided under the framework of "legal decision-making" and "parenting time," and the controlling standard is the best interests of the child .

The best-interests standard. The court must determine legal decision-making and parenting time according to the child's best interests, considering all factors relevant to the child's physical and emotional well-being, including: the past, present, and potential future parent-child relationship; the child's interaction with parents, siblings, and other significant persons; the child's adjustment to home, school, and community; the child's wishes if of suitable age and maturity; the mental and physical health of everyone involved; which parent is more likely to allow frequent, meaningful, and continuing contact with the other parent; whether a parent intentionally misled the court; whether there has been domestic violence or child abuse; coercion or duress in obtaining an agreement; and whether a parent was convicted of false reporting of child abuse or neglect . In a contested case, the court must make specific findings on the record about all relevant factors and the reasons the decision serves the child's best interests .

Sole vs. joint decision-making. The court may award sole or joint legal decision-making . In choosing between them, the court considers the best-interests factors plus the parents' agreement or lack of agreement on joint decision-making, whether a refusal to agree is unreasonable, the parents' ability to cooperate, and whether a joint arrangement is logistically possible . A parent not granted decision-making authority is still entitled to reasonable parenting time unless the court finds after a hearing that it would endanger the child's physical, mental, moral, or emotional health .

Parenting plans. If the parents cannot agree, each must submit a proposed parenting plan, and the court must adopt a plan — consistent with the child's best interests — that provides for shared legal decision-making and maximizes each parent's parenting time, without any gender preference . The plan must address the designation of decision-making authority, each parent's rights and responsibilities, a parenting time schedule including holidays and vacations, exchange procedures, dispute resolution, periodic review, and parent communication . Shared legal decision-making does not necessarily mean equal parenting time .

Domestic violence. The court must treat domestic violence, including child abuse, as contrary to the child's best interests and give the highest priority to the safety and well-being of the child and the victim . If the court finds a parent committed domestic violence, a mandatory rebuttable presumption arises that awarding that parent legal decision-making or parenting time is contrary to the child's best interests, and the court must adopt protective precautions .

Related matters. The court must also determine child support for any parenting time order, and joint decision-making or substantially equal parenting time does not reduce either parent's support obligation . If custody is contested, the court generally hears other issues (such as maintenance and child support) first if a party requests it, unless the parties stipulate to decide custody first .

The sources provided do not address how these rules interact with the specific procedural steps of filing for divorce itself; for advice on your particular situation, consult a licensed Arizona attorney.