What are my rights as a parent in a custody dispute?

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In Arizona, your rights in a custody dispute depend on the type of case. Here's what the provided sources cover:

General parental rights
- Arizona law declares that a parent's liberty to direct the upbringing, education, health care, and mental health of their children is a fundamental right, and the government may not infringe on it without showing a compelling interest of the highest order that is narrowly tailored and not served by less restrictive means .

In a private custody (legal decision-making/parenting time) case
- The court must decide legal decision-making and parenting time according to the child's best interests, considering factors such as each parent's relationship with the child, the child's adjustment and wishes (if of suitable age and maturity), each parent's health, which parent is more likely to allow frequent and meaningful contact with the other parent, and any domestic violence or child abuse .
- In a contested case, the court must make specific findings on the record about all relevant factors and why its decision serves the child's best interests .
- Each parent is entitled to access to the child's prescription medication, documents, and other information, unless the court finds access would seriously endanger the child's or a parent's health .
- If you share joint legal decision-making or parenting time, the other parent must give you at least 45 days' advance written notice before relocating the child out of state or more than 100 miles within Arizona, and you may petition the court within 30 days of notice to prevent the relocation .
- If the other parent violates a parenting time order without good cause, you may file a verified petition, and the court must hold a hearing or conference within 25 days of service and may impose remedies including contempt, make-up parenting time, parent education or counseling at the violator's expense, civil penalties up to $100 per violation, and attorney fees and costs paid by the violating parent .
- If domestic violence is an issue, the court must treat it as contrary to the child's best interests, resolve any allegation with specific written findings, and apply a mandatory rebuttable presumption against awarding legal decision-making or parenting time to a parent found to have committed domestic violence .

If your case involves the Department of Child Safety (dependency proceedings)
- You have the right to counsel (including appointed counsel if indigent), the right to a court trial on the allegations, the right to cross-examine witnesses against you, and the right to compel witness attendance .
- During an investigation, you have the right to be informed of the specific allegations, to refuse to cooperate, to deny a worker entry into your home (unless court-ordered), to have an attorney present when questioned, and to appeal department determinations .
- If your child is taken into temporary custody, a preliminary protective hearing must be held within five to seven days (excluding weekends and holidays), where you again must be advised of your rights to counsel, cross-examination, trial, and subpoena power .

Note on scope: These sources address Arizona law only. If your dispute involves another state's custody order, interstate jurisdiction, or federal issues (such as international abduction), those matters may be governed by federal or other states' law, and you should consult a licensed attorney. For advice tailored to your specific situation, please consult a licensed Arizona family law attorney.